Common use of Basis of allocation Clause in Contracts

Basis of allocation. The Company agrees that the Sole Global Coordinator shall have the exclusive right, in its sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges and agrees that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Global Coordinator with such information, calculations and assistance as the Sole Global Coordinator may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 the basis of allocation of the Hong Kong Offer Shares.

Appears in 2 contracts

Samples: Hong Kong Underwriting Agreement, Hong Kong Underwriting Agreement

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Basis of allocation. The Company agrees that the Sole Global Coordinator shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges and agrees that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Global Coordinator with such information, calculations and assistance as the Sole Global Coordinator may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 the basis of allocation of the Hong Kong Offer Shares.

Appears in 2 contracts

Samples: Hong Kong Underwriting Agreement, Hong Kong Underwriting Agreement

Basis of allocation. The Company agrees that the Sole Global Coordinator Overall Coordinators shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the International Underwriting Agreement, the Receiving Bank Agreement and this Agreement, to determine the manner and in compliance with applicable Lawsthe basis of allocation of the Hong Kong Offer Shares, to reject or accept in whole or in part any Hong Kong Public Offering Application andApplication, and where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, respectively, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges shall, and agrees shall procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application ListsLists and in any event in accordance with the terms of the Receiving Bank Agreement, provide the Sole Global Coordinator Joint Sponsors and the Overall Coordinators with such information, calculations and assistance as the Sole Global Coordinator Overall Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 Offering and the basis of allocation of the Hong Kong Offer Shares; or 4.5.3 the level of acceptances and basis of allocation of the Hong Kong Offer Shares.

Appears in 2 contracts

Samples: Hong Kong Underwriting Agreement, Hong Kong Underwriting Agreement

Basis of allocation. The Company agrees that the Sole Global Overall Coordinator shall have the exclusive right, in at its sole and absolute discretion, upon on and subject to the terms and conditions of set out in the Hong Kong Public Offering Documents, the Receiving Bank Agreement Prospectus and this Agreement, and in compliance with applicable Laws, to accept or reject or accept (in whole or in part part) any Hong Kong Public Offering Application and, where the number of there is a Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer SharesPublic Offering Over- Subscription, to determine the basis of allocation of the Hong Kong Offer Shares. The grounds for rejection of any Hong Kong Public Offering Applications (including multiple applications and over-subscription) shall be at the sole and absolute discretion of the Sole Overall Coordinator. For the avoidance of doubt, the Sole Overall Coordinator’s right to accept or reject (in whole or in part) any Hong Kong Public Offer Application includes the power for and on behalf of the Company acknowledges and agrees that under to authorise the respective Receiving Banks to do so pursuant to the terms and conditions of the Receiving Bank Agreement and Banks Agreement. The Company shall use its reasonable endeavours to procure that the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shallwill, as soon as practicable after the close of the Application ListsLists and in accordance with the terms of the Receiving Banks Agreement, provide the Sole Global Overall Coordinator with such information, calculations information and assistance as the Sole Global Overall Coordinator may require for the purposes of determining, inter alia: 4.5.1 : in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event respect of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available for subscription under the Hong Kong Public Offering; and 4.5.3 in respect of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares in respect of which Hong Kong Public Offering Applications have not been received; and the manner and basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement

Basis of allocation. The Company agrees that the Sole Global Coordinator Joint Representatives and the Overall Coordinators shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement and this Agreement, and in compliance with applicable Laws, to determine the manner and the basis of allotment of Hong Kong Offer Shares and to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges and agrees that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Global Coordinator Joint Representatives and the Overall Coordinators with such information, calculations and assistance as the Sole Global Coordinator Joint Representatives and the Overall Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public OfferingOffering and the basis of allocation of the Hong Kong Offer Shares; and 4.5.3 the level of acceptance and the basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement

Basis of allocation. The Company agrees that the Sole Joint Sponsors (together with the Joint Global Coordinator Coordinators) shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges shall, and agrees shall use its best endeavours to procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Joint Sponsors and the Joint Global Coordinator Coordinators with such information, calculations and assistance as the Sole Joint Sponsors and the Joint Global Coordinator Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 the basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement (MINISO Group Holding LTD)

Basis of allocation. The Company agrees that the Sole Global Coordinator Joint Sponsors (together with the Joint Representatives (for themselves and on behalf of the Joint Bookrunners and the Hong Kong Underwriters)) shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, to determine the manner and in compliance with applicable Lawsthe basis of allocation of the Hong Kong Offer Shares, to reject or accept in whole or in part any Hong Kong Public Offering Application and this Agreement or otherwise and, where without prejudice to Clause 4.11 below, the number Joint Representatives shall have the sole and absolute discretion, but shall not be obliged, on behalf of the Company, to reallocate Offer Shares from the International Offering to the Hong Kong Public Offering and make available such reallocated Offer Shares as additional Hong Kong Offer Shares being applied for exceeds to satisfy Hong Kong Public Offering Applications. The respective International Offering Purchasing Commitments of the total number International Underwriters may be correspondingly reduced in such proportions as the Joint Representatives may in their sole and absolute discretion determine in the event of such reallocation and the Hong Kong Offer Shares, Underwriters will not be entitled to determine the basis underwriting commission referred to in Clause 6.1 in respect of allocation of the Hong Kong such reallocated Offer Shares. The Company acknowledges shall, and agrees shall procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Global Coordinator Joint Sponsors and the Joint Representatives with such information, calculations and assistance as the Sole Global Coordinator Joint Sponsors and the Joint Representatives may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering an Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering an Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available for subscription under the Hong Kong Public Offering; and 4.5.3 the level of acceptance and basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement (Tuya Inc.)

Basis of allocation. The Company agrees that the Sole Joint Sponsors (together with the Joint Global Coordinator Coordinators) shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, after consultation with the Company, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges shall, and agrees shall use its best endeavors to procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Joint Sponsors and the Joint Global Coordinator Coordinators with such information, calculations and assistance as the Sole Joint Sponsors and the Joint Global Coordinator Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 the basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Underwriting Agreement (BeiGene, Ltd.)

Basis of allocation. The Company agrees that the Sole Global Coordinator Overall Coordinators shall have the exclusive right, in its at their sole and absolute discretion, upon on and subject to the terms and conditions of set out in the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, and in compliance with applicable Laws, to accept or reject or accept (in whole or in part part) any Hong Kong Public Offering Application and, where the number of there is a Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer SharesPublic Offering Over-Subscription, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges grounds for rejection of any Hong Kong Public Offering Applications (including multiple applications and agrees that under over-subscription) shall be at the respective terms sole and conditions absolute discretion of the Overall Coordinators. The Company shall use its reasonable endeavours to procure that the Receiving Bank Agreement Bank, the Registrar and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shallWhite Form eIPO Service Provider will, as soon as practicable after the close of the Application ListsLists and in accordance with the terms of the Receiving Bank Agreement, provide the Sole Global Coordinator Overall Coordinators with such information, calculations information and assistance as the Sole Global Coordinator Overall Coordinators may require for the purposes of determining, inter alia: 4.5.1 : in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event respect of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available for subscription under the Hong Kong Public Offering; and 4.5.3 in respect of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares in respect of which Hong Kong Public Offering Applications have not been received; and the manner and basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement

Basis of allocation. The Company agrees that the Sole Sponsor (together with the Joint Global Coordinator Coordinators) shall have the exclusive right, in its their sole and absolute discretion, and in prior consultation with the Company, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges shall, and agrees shall procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar IPO Services Agent shall, as soon as practicable after the close of the Application Lists, provide the Sole Sponsor and the Joint Global Coordinator Coordinators with such information, calculations and assistance as the Sole Sponsor and the Joint Global Coordinator Coordinators may require for the purposes of determining, inter alia: 4.5.1 (a) in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 (b) in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 (c) the basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement (Yum China Holdings, Inc.)

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Basis of allocation. The Company agrees that the Sole Joint Sponsors (together with the Joint Global Coordinator Coordinators) shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges shall, and agrees shall procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank Banks and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Joint Sponsors, the Joint Global Coordinator Coordinators with such information, calculations and assistance as the Sole Joint Sponsors, the Joint Global Coordinator Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 the level of acceptances and the basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement (360 DigiTech, Inc.)

Basis of allocation. The Company agrees that the Sole Joint Sponsors (together with the Joint Global Coordinator Coordinators) shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges shall, and agrees shall use its commercially reasonable endeavours to procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shallto, as soon as practicable after the close of the Application Lists, provide the Sole Joint Sponsors and the Joint Global Coordinator Coordinators with such information, calculations and assistance as the Sole Joint Sponsors and the Joint Global Coordinator Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 the basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement (Li Auto Inc.)

Basis of allocation. The Company agrees that the Sole Joint Sponsors, the Sponsor-OCs, the Overall Coordinators and the Joint Global Coordinator Coordinators (for themselves and on behalf of the Hong Kong Underwriters and the Capital Market Intermediaries) shall have the exclusive rightexclusively be entitled to, in its sole and absolute discretion, upon entitled, on and subject to the Listing Rules, the applicable Laws, the terms and conditions of set out in the Hong Kong Public Offering DocumentsProspectus, the Receiving Bank Agreement and this Agreement, Agreement (a) to determine the manner and in compliance with applicable Laws, basis of allocation of the Hong Kong Offer Shares and to reject or accept in whole or in part any Hong Kong Public Offering Application and, after prior consultation with the Company; and (b) where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges shall, and agrees shall use its best endeavours to procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Joint Sponsors, the Sponsor-OCs, the Overall Coordinators and the Joint Global Coordinator Coordinators with such information, calculations and assistance as the Sole Joint Sponsors, the Sponsor-OCs, the Overall Coordinators and the Joint Global Coordinator Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available for subscription under the Hong Kong Public Offering; and 4.5.3 the level of acceptances and basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement

Basis of allocation. The Company agrees that the Sole Global Coordinator Representative shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement Documents and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Public Offer Shares being applied for exceeds the total number of the Hong Kong Public Offer Shares, the Sole Representative and the Sole Sponsor shall have the exclusive right, in their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the International Underwriting Agreement and this Agreement, to determine the basis of allocation of the Hong Kong Public Offer Shares. The Company acknowledges and agrees shall procure that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application ListsLists and in any event in accordance with the terms of the Receiving Bank Agreement, provide the Sole Global Coordinator Representative and the Sole Sponsor with such information, calculations and assistance as the Sole Global Coordinator Representative and the Sole Sponsor may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Public Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or; 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Public Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Public Offer Shares initially available under the Hong Kong Public Offering; and 4.5.3 the basis of allocation of the Hong Kong Public Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement

Basis of allocation. The Company agrees that the Sole Global Coordinator Overall Coordinators (for themselves and on behalf of the Hong Kong Underwriters) shall have the exclusive right, in its their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges and agrees that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Global Coordinator Joint Sponsors and the Overall Coordinators with such information, calculations and assistance as the Sole Global Coordinator Joint Sponsors and the Overall Coordinators may require for the purposes of determining, inter alia: 4.5.1 in the event of a Hong Kong Public Offering Under-SubscriptionSubscription (as defined in Clause 4.6), the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or 4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; andPublic 4.5.3 the level of acceptance and the basis of allocation of the Hong Kong Offer Shares.

Appears in 1 contract

Samples: Hong Kong Underwriting Agreement

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