VWAP Definition Example with 50 Variations

This page contains an example definition of VWAP, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
VWAP. Means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB... or OTCQX is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported on The Pink Open Market (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders of a majority in interest of the Warrants then outstanding and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company. View More Arrow

Variations

VWAP. Means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is Shares are then listed or quoted on a Trading the Principal Market or an Eligible Market, the daily volume weighted average price of the Common Stock Shares for such date (or the nearest preceding date) on the Trading Market trading market on which the Common Stock is Shares are then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New... York City time) to 4:02 p.m. (New York City time)), time), (b) if OTCQB or OTCQX is not a Trading Market, then quoted on the OTC Bulletin Board, the volume weighted average price of the Common Stock Shares for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board, (c) if the Common Stock is Shares are not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock Shares are then reported on The in the "Pink Sheets" published by Pink Open Market Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock Share so reported, or (d) in all other cases, the fair market value of a share of one Common Stock Share as determined by an independent appraiser reasonably acceptable to the Company and selected in good faith by the holders of Investors identified on those Subscription Agreements executed on the Subscription Date holding a majority in interest of the Warrants then outstanding and reasonably acceptable Shares issued pursuant to the Company, Subscription Agreements which are then outstanding, the fees and expenses of which shall be paid by the Company. View More Arrow
VWAP. Means, means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted for trading as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)), time)); (b)... if OTCQB or OTCQX the OTC Bulletin Board is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board; (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, reported; or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders of a majority in interest of the Warrants then outstanding Holder and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company. View More Arrow
VWAP. Means, means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted for trading as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)), time)); (b)... if OTCQB or OTCQX the OTC Bulletin Board is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board; (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, reported; or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders of a majority in interest of the Warrants then outstanding Holder and reasonably acceptable to the Company, the fees and expenses of which shall be paid Company. The foregoing Amendment was adopted by the Company. board of directors of the Company as of February 22, 2010 without shareholder action and shareholder action was not required. View More Arrow
VWAP. Means, means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New New York City time) time to 4:02 4:00 p.m. (New New York City time)), time); (b) if OTCQB or OTCQX the OTC Bulletin Board is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board; (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, reported; or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser Independent Appraiser selected in good faith by the holders of a majority in interest Holders of the Warrants then outstanding and reasonably acceptable to exercisable for a majority of the Company, shares of Warrant Stock, the fees and expenses of which shall be paid by the Company. Issuer. View More Arrow
VWAP. Means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New New York City time) time to 4:02 4:00 p.m. (New New York City time)), time); (b)... if OTCQB or OTCQX the OTC Bulletin Board is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board; (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, reported; or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders of a majority in interest of the Warrants then outstanding and reasonably acceptable to the Company, Independent Appraiser, the fees and expenses of which shall be paid by the Company. Issuer. View More Arrow
VWAP. Means, means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the average daily volume weighted average price of the Common Stock for such the three Trading Days immediately preceding the date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to... 4:02 p.m. (New York City time)), time), (b) if OTCQB or OTCQX is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX a Trading Market and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market OTC Markets, Inc. (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid average daily volume weighted average price per share of the Common Stock for the five Trading Days immediately preceding the date so reported, or (d) (c) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders Holders of a majority in interest of the Warrants (substantially similar to this Warrant) then outstanding and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company. View More Arrow
VWAP. Means, means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, Market other than the OTC Bulletin Board, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the such Trading Market on which the Common Stock is then listed or quoted for trading as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time)... to 4:02 p.m. (New York City time)), time)); (b) if OTCQB or OTCQX the Common Stock is not a Trading Market, then listed on the OTC Bulletin Board, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board; (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, reported; or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders of a majority in interest of the Warrants then outstanding Purchaser and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company. View More Arrow
VWAP. Means, means, for the Common Stock, as of any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, an exchange, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market principal exchange on which the Common Stock is then listed or quoted for trading as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New 9:30:01... a.m., New York City time) time, to 4:02 p.m. (New 4:00:00 p.m., New York City time)), time); (b) if OTCQB or OTCQX the Common Stock is not a Trading Market, then quoted on the OTC Bulletin Board, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board; (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, reported; or (d) in all other cases, the fair market value of a share of Common Stock as mutually determined by an independent appraiser selected in good faith by the holders of a majority in interest of Company and the Warrants then outstanding and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company. Required Holders. View More Arrow
VWAP. Means, means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB or OTCQX the OTC Bulletin Board is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board, (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market OTC Markets, Inc. (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders Purchasers of a majority in interest of the Warrants Shares then outstanding and reasonably acceptable to the Company, Maker, the fees and expenses of which shall be paid by the Company. Maker. View More Arrow
VWAP. Means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB or OTCQX the OTC... Bulletin Board is not a Trading Market, the volume weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, the OTC Bulletin Board, (c) if the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX the OTC Bulletin Board and if prices for the Common Stock are then reported on The in the "Pink Sheets" published by Pink Open Market OTC Markets, Inc. (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported, or (d) in all other cases, the fair market value of a share of Common Stock as determined by an independent appraiser selected in good faith by the holders Purchasers of a majority in interest of the Warrants Shares then outstanding and reasonably acceptable to the Company, the fees and expenses of which shall be paid by the Company. View More Arrow
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