Common use of Applicability of Rights Clause in Contracts

Applicability of Rights. The terms of Section 2 are drafted primarily in contemplation of an offering of securities in the United States of America. The Parties recognize, however, the possibility that securities may be qualified or registered for offering to the public in a jurisdiction other than the United States of America where registration rights have significance or that the Company might effect an offering in the United States of America in the form of American depositary receipts or American depositary shares. Accordingly: (a) it is their intention that, whenever this Agreement refers to a law, form, process or institution of the United States of America but the parties wish to effectuate qualification or registration in a different jurisdiction where registration rights have significance, reference in this Agreement to the laws or institutions of the United States shall be read as referring, mutatis mutandis, to the comparable laws or institutions of the jurisdiction in question; and (b) if the Company intends to list its securities outside the United States of America, it is agreed that the Company will not undertake any listing of American Depositary Receipts, American Depositary Shares or any other security derivative of the Ordinary Shares unless arrangements have been made reasonably satisfactory to all of the holders of at least fifty percent (50%) of the then outstanding Series C Preferred Shares (or Ordinary Shares issued upon conversion thereof), the holders of at least fifty percent (50%) of the then outstanding Series B Preferred Shares (or Ordinary Shares issued upon conversion thereof) and the holders of at least fifty percent (50%) of the then outstanding Series A+ Preferred Shares (or Ordinary Shares issued upon conversion thereof), to ensure that the spirit and intent of this Agreement will be realized and that the Company is committed to take such actions as are necessary such that the Holders (as defined below) will enjoy rights corresponding to the rights hereunder to sell their Registrable Securities in a public offering in the United States of America as if the Company had listed Ordinary Shares in lieu of such derivative securities.

Applicability of Rights. The terms of Section 2 are drafted primarily in contemplation of an offering of securities in the United States of America. The Parties recognize, however, the possibility that securities may be qualified or registered for offering to the public in a jurisdiction other than the United States of America where registration rights have significance or that the Company might effect an offering in the United States of America in the form of American depositary receipts Depositary Receipts or American depositary sharesDepositary Shares. Accordingly: (a) it is their intention that, whenever this Agreement refers to a law, form, process or institution of the United States of America but the parties wish to effectuate qualification or registration in a different jurisdiction where registration rights have significance, reference in this Agreement to the laws or institutions of the United States shall be read as referring, mutatis mutandis, to the comparable laws or institutions of the jurisdiction in question; and (b) if the Company intends to list its securities outside the United States of America, it is agreed that the Company will not undertake any listing of American Depositary Receipts, American Depositary Shares or any other security derivative of the Ordinary Shares unless arrangements have been made reasonably satisfactory to all of the holders of at least fifty percent more than two-thirds (50%2/3) of the then outstanding Series C A Preferred Shares (or Ordinary Shares issued upon conversion thereof), as defined in the holders of at least fifty percent (50%) of the then outstanding Series B Preferred Shares (or Ordinary Shares issued upon conversion thereof) and the holders of at least fifty percent (50%) of the then outstanding Series A+ Preferred Shares (or Ordinary Shares issued upon conversion thereofRestated Articles), to ensure that the spirit and intent of this Agreement will be realized and that the Company is committed to take such actions as are necessary such that the Holders (as defined below) will enjoy rights corresponding to the rights hereunder to sell their Registrable Securities in a public offering in the United States of America as if the Company had listed Ordinary Shares in lieu of such derivative securities.

Applicability of Rights. The terms of Section 2 are drafted primarily in contemplation of an offering of securities in the United States of America. The Parties parties recognize, however, the possibility that securities may be qualified or registered for offering to the public in a jurisdiction other than the United States of America where registration rights have significance or that the Company might effect an offering in the United States of America in the form of American depositary receipts Depositary Receipts or American depositary sharesDepositary Shares. Accordingly: (a) it is their intention that, whenever this Agreement refers to a law, form, process or institution of the United States of America but the parties wish to effectuate qualification or registration in a different jurisdiction where registration rights have significance, reference in this Agreement to the laws or institutions of the United States shall be read as referring, mutatis mutandis, to the comparable laws or institutions of the jurisdiction in question; and (b) if the Company intends to list its securities outside the United States of America, it is agreed that the Company will not undertake any listing of American Depositary Receipts, American Depositary Shares or any other security derivative of the Ordinary Shares unless arrangements have been made reasonably satisfactory to all of the holders of at least fifty seventy percent (5070%) of the then outstanding Series C Preferred Shares (or Ordinary Shares issued upon conversion thereof), the holders of at least fifty percent (50%) of the then outstanding “Series B Preferred Shares (or Ordinary Shares issued upon conversion thereof) and the holders of at least fifty percent (50%) of the then outstanding Series A+ Preferred Shares (or Ordinary Shares issued upon conversion thereofC Supermajority”), to ensure that the spirit and intent of this Agreement will be realized and that the Company is committed to take such actions as are necessary such that the Holders (as defined below) will enjoy rights corresponding to the rights hereunder to sell their Registrable Securities in a public offering in the United States of America as if the Company had listed Ordinary Shares in lieu of such derivative securities.

Applicability of Rights. The terms of Section 2 this Article II are drafted primarily in contemplation of an offering of securities in the United States of America. The Parties recognize, however, the possibility that securities may be qualified or registered for offering to the public in a jurisdiction other than the United States of America where registration rights have significance or that the Company might effect an offering in the United States of America in the form of American depositary receipts Depositary Receipts or American depositary sharesDepositary Shares. Accordingly: (a) it is their intention that, whenever this Agreement refers to a law, form, process or institution of the United States of America but the parties wish to effectuate qualification or registration in a different jurisdiction where registration rights have significance, reference in this Agreement to the laws or institutions of the United States shall be read as referring, mutatis mutandis, to the comparable laws or institutions of the jurisdiction in question; and (b) if the Company intends to list its securities outside the United States of America, it is agreed that the Company will not undertake any listing of American Depositary Receipts, American Depositary Shares or any other security derivative of the Ordinary Shares unless arrangements have been made reasonably satisfactory to all of the holders of at least fifty percent Requisite Preferred Holders (50%) of as defined in the then outstanding Series C Preferred Shares (or Ordinary Shares issued upon conversion thereof), the holders of at least fifty percent (50%) of the then outstanding Series B Preferred Shares (or Ordinary Shares issued upon conversion thereof) and the holders of at least fifty percent (50%) of the then outstanding Series A+ Preferred Shares (or Ordinary Shares issued upon conversion thereofRestated Articles), to ensure that the spirit and intent of this Agreement will be realized and that the Company is committed to take such actions as are necessary such that the Holders (as defined below) will enjoy rights corresponding to the rights hereunder to sell their Registrable Securities in a public offering in the United States of America as if the Company had listed Ordinary Shares in lieu of such derivative securities.