Charter Capital. The Borrower has charter capital of 531,410,000 Tenge. The following is a list of all participants in the Borrower, with their respective participatory interests, as of the date of this Agreement: Kyran 50% Kazmortransflot 30% Balykshi 20% Total 100% All of the charter capital listed above has been validly issued and is fully paid and all in-kind capital contributions by such Shareholders have been made for full commercial value. There are no options, warrants or instruments convertible into participatory interests or other agreements relating to the existing participatory interests in the Borrower or for the issuance of additional participatory interests in any class or description of the Borrower. No person has any right (other than as a participant in the Borrower) to share in the profits of the Borrower.
Charter Capital. As of the date hereof the authorized charter capital of the Company consists of 140 ordinary registered shares, all of which have been issued to, and are registered in the name of, Khacxxxxxxxx, xxo holds such shares as nominee for Leibov. The Company has no outstanding subscription, option, warrant, call, contract, demand, commitment, convertible security or other instruments, agreement or arrangement of any character or nature whatever under which the Company is or may be obligated to issue any security of any kind.
Charter Capital. (1) The Charter Capital of the Company shall be USD 140,000,000.
(2) SAILUN shall contribute USD 91,000,000, which is equal to sixty five per cent. (65%) of the Charter Capital, in the form of freely convertible cash.
(3) COOPXX xxxll contribute USD 49,000,000, which is equal to thirty five per cent. (35%) of the Charter Capital, in the form of freely convertible cash.
(4) The Charter Capital to be contributed pursuant to this Article 6.2 must be contributed by each Member in accordance with the following provisions:
(a) The Members expect to incur and pay costs before the Establishment Date in relation to securing the land rights for the Site, applying for and obtaining the IRC and ERC, making down-payments to secure necessary equipment, designing the Plant, and to otherwise progress the Project. The Members forecast they will need to incur and pay:
(A) an amount of USD 12,900,000 by December 31, 2018; and
(B) a further amount of USD 34,300,000 by January 31, 2019, however the Members shall agree in writing from time to time on the amount and time at which these costs shall be incurred and paid before entering into any contractual obligations with third parties to make such payments. Each Member shall, or shall procure an Affiliate to on its behalf, contribute its share of such costs (based on the percentages specified in Article 6.2(2) and (3) unless otherwise agreed in writing) at the time required.
(b) All costs agreed to be and which are actually incurred and paid by the Members towards or in connection with the Project pursuant to Article 6.2(4)(a) prior to the Establishment Date, whether incurred after execution or during the course of negotiation and execution of this Contract, are paid by the Members for and on behalf of the Company and (i) shall be capitalized as Charter Capital contributions to the maximum extent permitted by the Laws of Vietnam and credited towards the capital contribution obligations specified in Article 6.2(2) and (3), and (ii) to the extent such costs cannot be capitalized they shall be reimbursed by the Company.
(c) By no later than ninety (90) days after the Establishment Date, each Member shall contribute to the Company that part of its Charter Capital required to be contributed pursuant to Article 6.2(2) or Article 6.2(3) (as the case may be) that has not already been paid pursuant to Article 6.2(4)(a) and capitalized pursuant to Article 6.2(4)(b), PROVIDED THAT, the Members shall not be required to make such contributio...
Charter Capital. Charter capital of Partnership amounts to 82,300 (eighty-two thousand three hundred) Tenge. There are no claims, rights, contracts, liabilities, understandings, restrictions or agreements regarding sale or transfer of any Share in the Charter capital of Emir. Charter capital of Emir is fully paid without the right to claim additional payment or any other burden. Seller is not tied down to any liability, agreement or understanding (oral or written) to sell or in other way dispose of Shares in the Charter capital in favor of the third persons, except for Purchaser. Purchaser acquires legal and actual property right to 30% (thirty percent) in the Charter capital of Emir without any restriction or burden.
Charter Capital. 7.1. The Company’s charter capital is comprised of the nominal value of participation interests of its participants. The size of the Company’s charter capital is (46,647.23) forty six thousand six hundred forty seven rubles and twenty three kopecks.
7.2. The size of the participation interest of a participant in the Company’s charter capital shall be reflected in percent. The actual value of the participation interest held by a Company participant in the Company’s charter capital shall be equal to that portion of the Company’s net assets, which is proportional to the size of such Company participant’s participation interest.
7.3. The Company’s charter capital may be increased only after it has been fully paid up. The Company’s charter capital may be increased using:
7.3.1. the assets (own internally generated funds) of the Company;
7.3.2. additional contributions made by Company’s participants; and
7.3.3. contributions made by third parties and accepted by the Company’s participants.
7.4. Payment for participation interests in the Company’s charter capital may be effected using money, securities, other property or property rights, or other rights which have a monetary value.
Charter Capital. The Company has a charter capital of four hundred thousand Tenge (KZT 400,000) (the “Charter Capital”). As of the date of this Agreement, the sole participant in the Company is CREL. All in-kind capital contributions by CREL have been made for full commercial value and all Kazakhstan legal requirements in connection therewith have been complied with in full. There are no options, warrants or instruments convertible into participation interests, agreements requiring the Company to issue loan capital or other agreements relating to the existing participation interest of the Company or any rights attributable other than as provided in this Agreement. No person has any right (other than as a participant) to share in the profits of the Company. The EBRD Interest will rank pari passu in all respects with the other interest.
Charter Capital. The Borrower has a charter capital of Rb. 62,957,763. The following is a list of all participants in the Borrower, with their respective percentage participation interests in the Borrower, as of the date of the Amending Agreement: PARTICIPANT PERCENTAGE Harvest 34 Minley 66 Of the charter capital referred to above, the equivalent in Roubles of $75,700,000 has been fully paid and all in-kind capital contributions in respect of such participation interests have been made for full commercial value. There are no options, warrants or instruments convertible into participation interests or other agreements relating to the existing capital of the Borrower or for the issuance of additional participation interests of any class or description of the Borrower. No person has any right (other than as a shareholder) to share in the profits of the Borrower.
Charter Capital of the Issuer -----------------------------
(a) The Charter Capital of the Issuer consists solely of Nineteen Million Two Hundred Eighty Thousand (19,280,000) issued shares of Common Stock and Six Million Four Hundred Twenty-Six Thousand Six Hundred (6,426,600) issued shares of Preferred Stock. After giving effect to the issuance of all of the Purchaser's Shares, the Issuer's Charter Capital shall consist of Twenty-Eight Million One Hundred Eighty Two Thousand Two Hundred and One (28,182,201) issued shares of Common Stock and Six Million Four Hundred Twenty-Six Thousand Six Hundred (6,426,600) issued shares of Preferred Stock.
(b) All of the outstanding Equity Interests of the Issuer (excluding the Purchaser's Shares) (i) have been duly authorized and validly issued, (ii) are fully paid, and, except as described on page 28 of Form 20-F ("Assessability of Shares"), non-assessable, (iii) are not subject to any preemptive or similar rights with respect to the Issuer, and (iv) were properly registered with the appropriate authorities competent for registration of the issue of such shares. All of the shares of the Issuer, including the Purchaser's Shares, are uncertificated.
(c) As of the Closing Date and each Subsequent Payment Date, if any, the Purchaser's Shares (i) will have been duly authorized, (ii) when issued to the Purchaser as provided herein and in accordance with the documents to be filed with the FCSM, and delivered to and paid for by the Purchaser as provided for by this Agreement and the CBR License, will be validly issued, fully paid and, except as described on page 28 of Form 20-F ("Assessability of Shares"), non- assessable, (iii) (upon registration of a report on the issuance thereof with the FCSM, compliance with the disclosure requirements of the Russian Federation Federal Law on the Securities Markets and regulations of the FCSM, and approval of the amendments to the Charter by the Board and their registration with the MRC and SRC), the issuance of such Purchaser's Shares shall have been properly registered with the appropriate authorities competent therefor, and (iv) the Purchaser shall acquire the Purchaser's Shares, free and clear of all Liens. As of the Closing Date, the Purchaser's Shares will have been transferred from the Issuer to the Purchaser, and the Purchaser's shareholding with respect to the Purchaser's Shares will have been entered into the shareholder register of the Issuer.
(d) After giving effect to the issuance of all of...
Charter Capital. The initial charter capital of the BOT Company, as defined in the Investment Certificate and the Charter (the “Charter Capital”), is USD[●] and shall be contributed in accordance with Article 8 and the Investment Certificate. To the extent not paid with loans received at Financial Close, the following payments by Sponsors may be capitalised into Charter Capital upon the later of the date they are paid or the creation of the BOT Company: (a) development costs incurred prior to Financial Close (but after notification to the Sponsors that the Sponsors have been selected to develop the Facility based on applicable regulations) and (b) fuel costs incurred during testing and Commissioning of the Project. The amount of the Charter Capital shall not be less than (and may be, but shall not be required to be, greater than) (i) the higher of [●] per cent. of the initial amount of Investment Capital and the minimum equity required by the Laws of Vietnam and (ii), together with Subordinated Shareholder Loans, [●] per cent. of Investment Capital. The MOIT agrees to assist with all approvals required in connection with Subordinated Shareholder Loans under the Laws of Vietnam.
Charter Capital. Assets contributed to share capital are recognized at fair value at the time of contribution. Any excess of the fair value of the contributed assets over the par value of the contribution to share capital, as it is legally registered, is credited directly to equity in the form of share premium.
