Decision of an Independent Investment Bank. If any doubt shall arise as to whether an adjustment falls to be made to the Conversion Price or as to the appropriate adjustment to the Conversion Price, and following consultation between the Issuer and an Independent Investment Bank, a written opinion of such Independent Investment Bank in respect thereof shall be conclusive and binding on the Issuer, the Bondholders and the Trustee, save in the case of manifest error.
Appears in 3 contracts
Samples: Subscription Agreement (Semiconductor Manufacturing International Corp), Subscription Agreement (Datang Telecom Technology & Industry Holdings LTD), Subscription Agreement (Semiconductor Manufacturing International Corp)
Decision of an Independent Investment Bank. If any doubt shall arise as to whether an adjustment falls to be made to the Conversion Price or as to the appropriate adjustment to the Conversion Price, and following consultation between the Issuer Company and an Independent Investment Bank, a written opinion of such Independent Investment Bank in respect thereof shall be conclusive and binding on the IssuerCompany, the Bondholders and the Trustee, save in the case of manifest error.
Appears in 1 contract
Samples: Agency Agreement
Decision of an Independent Investment Bank. If any doubt shall arise as to whether an adjustment falls is to be made to the Conversion Price or as to the appropriate adjustment to the Conversion Price, and following consultation between the Issuer Company and an Independent Investment Bank, a written opinion of such Independent Investment Bank in respect thereof shall be conclusive and binding on the Issuer, the Bondholders Company and the TrusteePurchaser, save in the case of manifest error.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (21Vianet Group, Inc.)
