Common use of Acquisition of Shares or Assets Clause in Contracts

Acquisition of Shares or Assets. The GOP undertakes to the Seller that neither it nor the Purchaser nor any Public Sector Entity will directly or indirectly expropriate, compulsorily acquire, nationalize, or otherwise compulsorily procure (except as provided in Section 15.1 (Compensation Upon Termination) any Ordinary Share Capital, Complex or other assets of the Seller relevant to the Project including, without limitation, [but subject to the Laws of Pakistan governing the exercise of executive authority of the Provincial Government in relation to the Site and the Site Lease,]10 the leasehold interest of the Seller under the Site Lease. Notwithstanding the foregoing, [but without prejudice to the Seller’s rights set out in Section 14.1(b)(iii),]11 nothing in this Agreement shall be construed as a waiver by the GOP’s exercise of its power of eminent domain, so long as it is exercised in accordance with the Laws of Pakistan and the effect of such exercise does not materially and adversely affect the Seller’s ability to perform its obligations under and enjoy the benefits of the Energy Purchase Agreement, the Complex and/or its other assets relevant to the Project or, without just and adequate compensation (which compensation, in the event of the Seller being deprived substantially of its rights under this Agreement or the Energy Purchase Agreement, shall be no less than the Compensation Amounts contemplated under Section 15.1(b)), adversely affect its use and enjoyment of the Site.

Acquisition of Shares or Assets. The GOP undertakes to the Seller that neither it nor the Purchaser nor any Public Sector Entity will directly or indirectly expropriate, compulsorily acquire, nationalize, or otherwise compulsorily procure (except as provided in Section 15.1 (Compensation Upon Termination) any Ordinary Share Capital, Complex or other assets of the Seller relevant to the Project including, without limitation, [but subject to the Laws of Pakistan governing the exercise of executive authority any termination, revocation, cancellation or resumption of the Provincial Government in relation to Site Sub-lease for any reason other than a breach by Seller of the conditions of the Site and the Site Lease,]10 the leasehold interest of the Seller under the Site LeaseSub-lease entitling such termination, revocation, cancellation or resumption. Notwithstanding the foregoing, [but without prejudice to the Seller’s rights set out in Section 14.1(b)(iii),]11 14.1(b)(iii), nothing in this Agreement shall be construed as a waiver by the GOP’s exercise of its power of eminent domain, so long as it is exercised in accordance with the Laws of Pakistan and the effect of such exercise does not materially and adversely affect the Seller’s ability to perform its obligations under and enjoy the benefits of the Energy Purchase Agreement, the Complex and/or its other assets relevant to the Project or, without just and adequate compensation (which compensation, in the event of the Seller being deprived substantially of its rights under this Agreement or the Energy Purchase Agreement, compensation shall be no less than the Compensation Amounts contemplated under Section 15.1(b)), adversely affect its use and enjoyment of the Site.