Deeming Provisions Sample Clauses

Deeming Provisions. In this Plan of Arrangement, the deeming provisions are not rebuttable and are conclusive and irrevocable.

Deeming Provisions. (A) Any communication to the Borrower or to any Finance Party shall be deemed to have been received by that Borrower or that Finance Party: (1) if delivered by hand, at the time of actual delivery; (2) if transmitted by facsimile, at the time the facsimile transmission report (or other appropriate evidence) confirming that the facsimile transmission has been transmitted to the addressee is received by the sender; and (3) if sent by post at noon on the second Business Day (in the case of an address in Hong Kong) or the fifth Business Day (in the case of an address outside Hong Kong) following the day of posting and shall be effective even if it is misdelivered or returned undelivered. In proving such service it shall be sufficient to prove that personal delivery was made, or that the envelope containing the communication Swas correctly addressed and posted, or that a facsimile transmission report (or other appropriate evidence) was obtained that the facsimile had been transmitted to the addressee. (B) Any communication to the Agent shall be deemed to have been given only on actual receipt by the Agent.

Deeming Provisions. In this Plan of Arrangement, the deeming provisions are absolute and irrebuttable.

Deeming Provisions. (a) Bassini References Any references in the VTA to BP, any one or more of the Bassini Group, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ are deemed deleted therefrom; (b) Voting Power The reference in Recital A to the VTA to "46%"shall be deemed to refer to 37.5%; (c) Restructured Purchase Agreement Any reference in the VTA to the "Purchase Agreement" is deemed to refer to the Restructured Purchase Agreement; (d) Pre-emptive Rights The provisions of section 6 of the VTA are deemed amended in the same manner, mutatis mutandis, as provided in section 6.3 of the Initial Purchase Amending Agreement, with the intent that the Offer (as defined in section 6.1 of the VTA) shall be made to the Representative on behalf of the ICP Group (as defined in subsection 6.3(a) of the Initial Purchase Amending Agreement);

Deeming Provisions. From and including the date of service of a Fifth Floor Contraction Notice on the Landlord pursuant to paragraph 3.2.1 (A), the definition of "Premises” shall be deemed to exclude the Fifth Floor Premises and Part Fifth Floor Premises and the definition of "Leases" shall be deemed to exclude the Fifth Floor Lease and Part Fifth Floor Lease and the provisions of this agreement shall have effect accordingly.

Deeming Provisions. (a) The term "Voting Trust Agreement" shall be deemed to mean the Voting Trust Agreement, as defined in the Loan Agreement, as amended by the agreement entitled "AMENDING AGREEMENT TO VOTING TRUST AGREEMENT OF JUNE 4, 1998" bearing the same date as this Loan Amending Agreement and entered into among the Lender and the Shareholders (as therein defined);

Deeming Provisions