Conversion Period. Subject as provided in these Conditions, each Bond shall entitle the holder to convert such Bond into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (the “Conversion Right”). Subject to and upon compliance with the Conditions, the Conversion Right in respect of a Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days prior to the Maturity Date (as defined in Condition 8(A)) (both days inclusive) (but, except as provided in Condition 6(A)(iii), in no event thereafter) or, if such Bond shall have been called for redemption by the Issuer before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D) or Condition 8(E) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at which Shares will be issued upon exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 per Share, but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise of a Conversion Right shall be determined by dividing the principal amount of the Bonds to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (as defined below). A Conversion Right may only be exercised in respect of one or more Bonds. If more than one Bond held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds to be converted.
Appears in 2 contracts
Samples: Subscription Agreement (Datang Telecom Technology & Industry Holdings LTD), Subscription Agreement (Semiconductor Manufacturing International Corp)
Conversion Period. Subject as provided in these Conditionshereinafter provided, each Bond shall entitle the holder Bondholders have the right to convert such Bond their Bonds into Shares (as defined in Condition 6(A)(iv6(a)(v) (Meaning of “Shares”)) credited as fully paid at any time during the Conversion Period referred to below (below. The right of a Bondholder to convert any Bond into Shares is called the “Conversion Right”). Subject to and upon compliance with with, the Conditionsprovisions of this Condition 6 (Conversion), the Conversion Right in respect of a attaching to any Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided, (x) on or after 18 December 2013 up at any time in each period from (and including) the 25th Scheduled Trading Day to (and including) the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days 5th Scheduled Trading Day immediately prior to the Maturity Date (as defined [issue date and month] in Condition 8(A)) (both days inclusive) each year, beginning in 2022 (but, except as provided in Condition 6(A)(iii6(a)(iv) (Revival and/ or survival after Default) and Condition 10 (Events of Default), in no event thereafter) or, if such Bond shall have been called for redemption by the Issuer before the Maturity Date, then up to the close of business or (at the place aforesaidy) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D8(b) (Redemption at the Option of the Bondholders) or Condition 8(E8(c) (Redemption for a Relevant Event) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at Notwithstanding the foregoing, if the Conversion Date in respect of a Bond would otherwise fall during a period in which the register of shareholders of the Issuer is closed generally or for the purpose of establishing entitlement to any distribution or other rights attaching to the Shares will (a “Book Closure Period”), such Conversion Date shall be issued upon postponed to the first Stock Exchange Business Day (as defined in Condition 6(b)(i) (Conversion Notice)) following the expiry of such Book Closure Period. If the Conversion Date in respect of the exercise of a any Conversion Right (is postponed as a result of the “foregoing provision to a date that falls after the expiry of the Conversion Price”) will initially Period or after the relevant redemption date, such Conversion Date shall be HK$0.7965 per Sharedeemed to be the final day of such Conversion Period or the relevant redemption date, but will be subject to adjustment in as the manner described in Condition 6(C)case may be. The number of Shares to be issued on exercise conversion of a Conversion Right shall Bond will be determined by dividing the principal amount of the Bonds Bond to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price (as defined in Condition 6(a)(iii) (Conversion Price) below) in effect on the relevant Conversion Date (as defined in Condition 6(b)(i) (Conversion Notice) below). A Conversion Right may only be exercised in respect of one or more Bonds. If more than one Bond held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds to be converted.
Appears in 1 contract
Samples: Placing Agency Agreement
Conversion Period. Subject as provided in these Conditions, each Bond shall entitle the holder to convert such Bond into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (the “Conversion Right”). Subject to and upon compliance with the Conditions, the Conversion Right in respect of a Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 17 August 2016 up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days prior to the Maturity Date (as defined in Condition 8(A)) (both days inclusive) (but, except as provided in Condition 6(A)(iii), in no event thereafter) or, if such Bond shall have been called for redemption by the Issuer before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D) or Condition 8(E) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at which Shares will be issued upon exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 HK$0.9250 per Share, but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise of a Conversion Right shall be determined by dividing the principal amount of the Bonds to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 HKD7.7677 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (as defined belowin Condition 6(B)(i)). A Conversion Right may only be exercised in respect of one or more Bonds. If more than one Bond held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds to be converted.
Appears in 1 contract
Samples: Subscription Agreement (Semiconductor Manufacturing International Corp)
Conversion Period. Subject as provided in these Conditionshereinafter provided, each Bond shall entitle Bondholders have the holder right to convert such Bond their Bonds into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (below. The right of a Bondholder to convert any Bond into Shares is called the “Conversion Right”). Subject to and upon compliance with with, the Conditionsprovisions of this Condition, the Conversion Right in respect of a attaching to any Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations on and as hereinafter provided) after 365 days after the date the Issuer’s Shares commences trading on or after 18 December 2013 AMEX upon consummation of the IPO up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days prior to the Maturity Date (as defined in Condition 8(A)) (both days inclusive) March 28, 2012 (but, except as provided in Condition 6(A)(iii6(A)(iv), in no event thereafter) or, or if such Bond shall have been called for redemption by the Issuer before the Maturity DateDate (as defined in Condition 9(A)), then up to the close of business (at the place aforesaid) on a date no later than seven (7) business days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D) or Condition 8(E) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice thereof (the “Conversion Period”). The price at which Shares will be issued upon exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 per Share, but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise conversion of a Conversion Right shall Bond will be determined by dividing the principal amount of the Bonds Bond to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on at the relevant Conversion Date (both as defined belowhereinafter defined). A Conversion Right may only be exercised in respect of one (1) or more Bonds. If more than one (1) Bond held by the same holder is converted at any one (1) time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds to be converted.
Appears in 1 contract
Samples: Trust Deed Amendment (China Architectural Engineering, Inc.)
Conversion Period. Subject to the right of the Company to exercise the Cash Settlement Option pursuant to Condition 6(B)(iv) and otherwise as provided in these Conditionshereinafter provided, each Bond shall entitle Bondholders have the holder right to convert such Bond their Bonds into Shares (as defined in Condition 6(A)(iv6(A)(v)) credited as fully paid at any time during the Conversion Period referred to below (below. The right of a Bondholder to convert any Bond into Shares is called the “Conversion Right”). Subject to and upon compliance with with, the Conditionsprovisions of this Condition, the Conversion Right in respect of a attaching to any Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 May 2017 up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days seventh day prior to the Maturity Date (as defined in Condition 8(A)) 8) (both days inclusive) (but, except as provided in Condition 6(A)(iii6(A)(iv), in no event thereafter) or, (a) if such Bond shall have been called for redemption by the Issuer Company before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, thereof or if notice requiring redemption has been given by (b) in respect of a Bond where the holder of shall have exercised its right to require the Company to redeem such Bond pursuant to Condition 8(D8(C) or Condition 8(E) 8(D), then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at which Shares will be issued upon Subject to the right of the Company to exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 per ShareCash Settlement Option pursuant to Condition 6(B)(iv), but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise conversion of a Conversion Right shall Bond will be determined by dividing the principal amount Principal Amount Outstanding of the Bonds to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (both as defined belowhereinafter defined). A Conversion Right may only be exercised in respect of one or more Bonds. If more than one Bond held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount Principal Amount Outstanding of the Bonds to be converted.
Appears in 1 contract
Samples: Convertible Bond Agreement