Allocation of Excess Supply Securities Sample Clauses

Allocation of Excess Supply Securities. 9.2.1 Within five Business Days of the expiry of the Issue Notice Period, the Company will determine: (a) the aggregate number of New Securities not taken up by Shareholders pursuant to clause 9.1.3 (the "Excess Supply Securities"); and (b) the aggregate number of Excess Demand Securities. 9.2.2 Where the aggregate number of Excess Demand Securities exceeds the aggregate number of Excess Supply Securities, each Shareholder electing to receive Excess Demand Securities (an "Excess Demand Shareholder") shall be required to acquire such number of Excess Supply Securities as is the amount which is equal to the lower of: (a) proportionate to its Pro Rata Entitlement as a percentage of the aggregate Pro Rata Entitlements of all such Excess Demand Shareholders, in each case as at the date of the New Issue Notice; and (b) its Excess Demand Securities Cap. 9.2.3 The allocation process described in clause 9.2.2 shall continue until all the Excess Supply Securities have been allocated to the Excess Demand Shareholders (for the avoidance of doubt, no Excess Demand Shareholder shall be required to subscribe for an amount of Securities greater than its Excess Demand Securities Cap). 9.2.4 The Shareholders agree that in the event that the allocation process described in clause 9.2.2 would result in a fractional Security being allocated to an Excess Demand Shareholder, such fractional Security shall be rounded to the nearest whole Security, as appropriate. 9.2.5 Where the aggregate number of Excess Demand Securities is equal to or less than the aggregate number of Excess Supply Securities, each Excess Demand Shareholder shall be entitled and required to acquire the number of Excess Demand Securities specified in its New Issue Response. 9.2.6 If any Excess Supply Securities remain unallocated under clause 9.2.5, such Excess Supply Securities may be allotted and issued to a Third Party as determined by the Board and approved in writing by each of the Qualifying Shareholders (if any).
Sample 1
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Related to Allocation of Excess Supply Securities

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

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