Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Lead Managers during the Anchor Investor Bid/ Offer Period in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in the Escrow Accounts as specified in Clause 2.2 above and credited upon realisation. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Escrow Account prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation Price, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries. 3.1.2. The payment instructions for any amount to be transferred into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified in Clause 2.2. 3.1.3. The Bankers to the Offer, as applicable, agree that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Lead Managers and the Registrar in this regard. 3.1.4. In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow Account, the Public Offer Account or the Refund Account, as the case may be, the Lead Managers and the Company may, pursuant to a written intimation to the Bankers to the Offer, with a copy to the Selling Shareholders, provide revised instructions to transfer the specified amounts to the Escrow Accounts, Public Offer Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of the Lead Managers or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Lead Managers and the Company in terms of this Clause 3.1.4.
Appears in 2 contracts
Samples: Cash Escrow and Sponsor Bank Agreement, Cash Escrow and Sponsor Bank Agreement
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Lead Managers during on the Anchor Investor Bid/ Bid/Offer Period in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in the appropriate Escrow Accounts as specified established in accordance with Clause 2.2 above and credited upon realisationrealisation to the appropriate Escrow Accounts. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Escrow Account maintained with the Escrow Collection Bank prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation PriceBid Amounts, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow AccountAccount by the Anchor Investors on or before the Anchor Investor Pay-in Date and shall be credited upon realization to the relevant Escrow Accounts. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries.
3.1.2. The payment instructions for any amount to be transferred into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified in Clause 2.2.
3.1.3. The Bankers to the Offer, as applicable, agree Escrow Collection Bank agrees that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Lead Managers and the Registrar in this regard.
3.1.4. In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow AccountAccounts, the Public Offer Account or the Refund Account, as the case may be, the Lead Managers (with a copy to the Company, Registrar and the Selling Shareholder), the Registrar (with a copy to the Lead Managers, the Company and the Selling Shareholders) and the Company (with a copy to the Lead Managers, Registrar and the Selling Shareholders) may, pursuant to a written intimation to the Bankers to the Offer, with a copy to the Selling Shareholders, provide revised instructions to transfer the specified amounts to the Escrow Accounts, Public Offer Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of on the Lead Managers Managers, the Registrar or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer shall stand cancelled and superseded by the revised written instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised written instructions so delivered by the Lead Managers Managers, the Registrar and the Company in terms of this Clause 3.1.4.
3.1.5. Parties acknowledge that for every bid entered in the Stock Exchange’s bidding platform, the audit trail shall be maintained by NPCI. The liability to compensate the investor in case of failed transactions shall be with the concerned entity in the ‘ASBA with UPI as the payment mechanism’ process (Sponsor Bank 1/Sponsor Bank 2/ NPCI/ Bankers to the Offer) at whose end the lifecycle of the transaction has come to a halt. Parties acknowledge that NPCI shall share the audit trail of all disputed transactions/investor complaints with the respective Sponsor Banks. Lead Managers shall obtain the audit trail from the respective Sponsor Banks for analysis and fixation of liability.
Appears in 1 contract
Samples: Share Escrow Agreement
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Lead Managers during the Anchor Investor Bid/ Offer Period in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, transfer instructions for payment into Escrow Accounts shall be deposited with the Escrow Collection Bank drawn in the Escrow Accounts as specified in Clause 2.2 above and credited upon realisation. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Escrow Account prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation Price, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit favour of the Escrow Accounts shall be held for the benefit of the Beneficiariesspecified in Clause 2.2.
3.1.2. The payment instructions for any amount to be transferred into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified in Clause 2.2.
3.1.3. The Bankers to the Offer, as applicable, agree Collection Bank agrees that, in terms of the SEBI ICDR RegulationsApplicable Law, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor InvestorsIssue. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Lead Managers BRLM and the Registrar in this regard.
3.1.43.1.3. In the event of any inadvertent error in calculation of any amounts to be transferred from the Escrow Account(s) to the Escrow Account, the Public Offer Issue Account or the Refund Account, as the case may be, the Lead Managers BRLM and the Company may, pursuant to a written an intimation to the Bankers to Escrow Collection Bank, the OfferPublic Issue Account Bank, or the Refund Bank, as necessary, with a copy to the Selling Shareholders, Registrar provide revised instructions to the Escrow Collection Bank, the Public Issue Account Bank, or the Refund Bank, as applicable, to transfer the specified amounts to the Escrow Accounts, Public Offer Issue Account or the Refund Account, as the case may be, Account provided that such revised written instructions shall be issued promptly upon any of the Lead Managers BRLM or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered)) with a copy to the other Party. On the issuance of revised written instructions as per this ClauseClause 3.1.3, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer Escrow Collection Bank, Public Issue Account Bank or Refund Bank, as applicable, shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Lead Managers BRLM and the Company in terms of this Clause 3.1.43.1.3.
Appears in 1 contract
Samples: Escrow and Sponsor Bank Agreement
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Lead Managers during BRLM on the Anchor Investor Bid/ Offer Period Bidding Date in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in the appropriate Escrow Accounts as specified in Clause 2.2 above and credited upon realisation. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Escrow Account prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Issue Price is higher than the Anchor Investor Allocation Price, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of and in trust for the Beneficiaries.
3.1.2. The payment instructions for any amount to be transferred payment into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified specified in Clause 2.2.
3.1.3. The Bankers to the Offer, as applicable, agree that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Lead Managers BRLM and the Registrar in this regard.
3.1.4. In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow AccountAccounts, the Public Offer Issue Account or the Refund Account, as the case may be, the Lead Managers BRLM, the Registrar to the Issue and the Company may, pursuant to a written intimation to the Bankers Banker to the Offer, with a copy to the Selling ShareholdersIssue, provide revised instructions to transfer the specified amounts to the Escrow Accounts, Public Offer Issue Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of by the Lead Managers BRLM, or the Registrar to the Issue or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers Banker to the Offer Issue shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Lead Managers BRLM, the Registrar to the Issue and the Company in terms of this Clause 3.1.4.
3.1.5. Parties acknowledge that for every bid entered in the Stock Exchange’s bidding platform, the audit trail shall be maintained by NPCI with UPI as the payment mechanism. The liability to compensate the investor in case of failed transactions shall be with the concerned entity in the ‘ASBA with UPI as the payment mechanism’ process (Sponsor Banks/ NPCI/Public Issue Account Bank/Escrow Collection Bank/Refund Bank) at whose end the lifecycle of the transaction has come to a halt. Parties acknowledge that NPCI shall share the audit trail of all disputed transactions/investor complaints to the Sponsor Banks/Public Issue Account Bank/Escrow Collection Bank/Refund Bank. BRLM shall obtain the audit trail from Public Issue Account Bank/Escrow Collection Bank/Refund Bank /Sponsor banks for analysis and fixation of liability.
Appears in 1 contract
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Lead Managers during BRLMs on the Anchor Investor Bid/ Offer Period Bidding Date in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank Banks in the appropriate Escrow Accounts as specified established in accordance with Clause 2.2 above and credited upon realisationrealisation to the appropriate Escrow Accounts. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Escrow Account maintained with the Escrow Collection Banks prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation PriceBid Amounts, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow AccountAccount by the Anchor Investors on or before the Anchor Investor Pay-in Date and shall be credited upon realization to the relevant Escrow Accounts. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries.
3.1.2. The payment instructions for any amount to be transferred into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified in Clause 2.2.
3.1.3. The Bankers to the Offer, as applicable, agree Escrow Collection Banks agrees that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor Investors. The Escrow Collection Bank Banks confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank Banks shall strictly follow the instructions of the Book Running Lead Managers and the Registrar in this regard.
3.1.4. In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow Account, the Public Offer Account or the Refund Account, as the case may be, the Lead Managers BRLMs (with a copy to the Company, Registrar and the Selling Shareholders), the Registrar (with a copy to the BRLMs, the Company and the Selling Shareholders) and the Company (with a copy to the BRLMs, Registrar and the Selling Shareholders) may, pursuant to a written intimation to the Bankers to the Offer, with a copy to the Selling Shareholders, provide revised instructions to transfer the specified amounts to the Escrow Accounts, Public Offer Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of on the Lead Managers BRLMs, the Registrar or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer shall stand cancelled and superseded by the revised written instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised written instructions so delivered by the Lead Managers Managers, the Registrar and the Company in terms of this Clause 3.1.4.
3.1.5. The Parties acknowledge that for every Bid entered in the Stock Exchange’s bidding platform, the audit trail shall be maintained by NPCI. The liability to compensate the investor in case of failed transactions shall be with the concerned entity in the ‘ASBA with UPI as the payment mechanism’ process (Sponsor Bank 1/Sponsor Bank 2/ NPCI/ Bankers to the Offer) at whose end the lifecycle of the transaction has come to a halt. The Parties acknowledge that NPCI shall share the audit trail of all disputed transactions/investor complaints with the respective Sponsor Banks. The Book Running Lead Managers shall obtain the audit trail from the respective Sponsor Banks for analysis and fixation of liability.
Appears in 1 contract
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Book Running Lead Managers during Manager on the Anchor Investor Bid/ Offer Issue Period in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum Prospectus and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in the Escrow Accounts as specified in Clause 2.2 above and credited upon realisation. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited by Escrow Collection Bank into the relevant Escrow Account prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Issue Price is higher than the Anchor Investor Allocation PriceBid Amounts, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries.
3.1.2. The payment instructions for any amount to be transferred into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified in Clause 2.2.
3.1.3. The Bankers to the OfferIssue, as applicable, agree that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the OfferIssue, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Book Running Lead Managers Manager and the Registrar in this regard. It is agreed and clarified that, the Bid Amounts (in Indian Rupees only) relating to Bids from the Anchor Investors, shall be deposited by the Anchor Investors during the Anchor Investor Bidding Date in the manner set forth in the Red Xxxxxxx Prospectus, Anchor Investor Application Form and the Syndicate Agreement, with the Escrow Collection Bank in the appropriate Anchor Investor Escrow Account, and shall be credited upon realization. In addition, in the event the Anchor Investor Issue Price is higher than the Anchor Investor Allocation Price, then, any incremental amounts shall be deposited by the Anchor Investors on or before the Pay-in Date into and credited to the relevant Anchor Investor Escrow Accounts. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Anchor Investor Escrow Accounts maintained with the Escrow Collection Bank at such time as may be agreed among the parties to the Underwriting Agreement. All amounts lying to the credit of the Anchor Investor Escrow Accounts shall be held for the benefit of the Beneficiaries. The Escrow Collection Bank shall strictly follow the instructions of the Book Running Lead Manager and the Registrar in this regard.
3.1.43.1.3. In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow AccountAccounts, the Public Offer Issue Account or the Refund Account, as the case may be, the Book Running Lead Managers Manager and the Company may, pursuant to a written intimation to the Bankers to the Offer, with a copy to the Selling ShareholdersIssue, provide revised instructions to transfer the specified amounts to the Escrow Accounts, Public Offer Issue Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of the Book Running Lead Managers Manager or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer Issue shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Book Running Lead Managers Manager and the Company in terms of this Clause 3.1.4.
3.1.4. Parties acknowledge that for every bid entered in the Stock Exchange’s bidding platform, the audit trail shall be maintained by NPCI. The liability to compensate the investor in case of failed transactions shall be with the concerned entity in the ‘ASBA with UPI as the payment mechanism’ process (Sponsor Bank 1/Sponsor Bank 2/ NPCI/ Bankers to the Issue) at whose end the lifecycle of the transaction has come to a halt. Parties acknowledge that NPCI shall share the audit trail of all disputed transactions/investor complaints with the respective Sponsor Banks. The Book Running Lead Manager shall obtain the audit trail from the respective Sponsor Banks for analysis and fixation of liability.
Appears in 1 contract
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation relating to Bids from the Anchor Investor Bids collected Investors, deposited by the Lead Managers Anchor Investors during the Anchor Investor Bid/ Offer Period Bidding Date in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in at their designated branches, and shall be credited to the appropriate Escrow Accounts as specified in Clause 2.2 above and credited upon realisationAccounts. FurtherAdditionally, any amounts payable deposited by the Underwriters or any other person pursuant eligible Anchor Investors in relation to any underwriting obligations in terms part of the Underwriting Agreement Offer subsequent to the Anchor Investor Bidding Date and up to (and including) the Pay-in Date in relation to Anchor Investors and in the event that there are any underwriting obligations, such amount shall also be deposited into and credited to the relevant appropriate Escrow Account Accounts prior to finalization finalisation of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation Price, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries.
3.1.2. The payment transfer instructions for any amount to be transferred payment into the Escrow Accounts shall be made drawn in favour of the specific Escrow Accounts identified specified in Clause 2.22.32.2.
3.1.3. The Bankers to the Offer, as applicable, agree Escrow Collection Bank agrees that, in terms of the SEBI ICDR RegulationsApplicable Law, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Lead Managers BRLM and the Registrar in this regard.
3.1.4. In the event of any inadvertent error in calculation of any amounts to be transferred to from the Escrow Account, Account to the Public Offer Account or the Refund Account, as the case may be, the Lead Managers BRLM and the Company may, pursuant to a written an intimation to the Bankers to Escrow Collection Bank, the OfferPublic Offer Account Bank, or the Refund Bank, as necessary, with a copy to the Selling Shareholders, Registrar provide revised instructions to the Escrow Collection Bank, the Public Offer Account Bank, or the Refund Bank, as applicable, to transfer the specified amounts to the Escrow Accounts, Public Offer Account or the Refund Account, as the case may be, Account provided that such revised written instructions shall be issued promptly upon any of the Lead Managers BRLM or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered)) with a copy to the other Party. On the issuance of revised written instructions as per this ClauseClause 3.1.4, the erroneous instruction(s) previously issued in this regard to the Bankers to the Escrow Collection Bank, Public Offer Account Bank or Refund Bank, as applicable, shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Lead Managers BRLM and the Company in terms of this Clause 3.1.4.
Appears in 1 contract
Samples: Escrow and Sponsor Bank Agreement
Deposit into the Escrow Accounts. 3.1.1. 3.1.1 The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Book Running Lead Managers during in the Anchor Investor Bid/ Offer Period in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in the Escrow Accounts as specified in Clause 2.2 above and credited upon realisation. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Escrow Account Accounts prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation Price, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of and in trust for the Beneficiaries.
3.1.2. 3.1.2 The payment instructions for any amount to be transferred into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified in Clause 2.2.
3.1.3. 3.1.3 The Bankers to the Offer, as applicable, agree Offer agrees that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall not accept Bid Amounts at any time later than the Anchor Investor Pay-in Date. The Escrow Collection Bank shall keep a record of such Bid Amounts. The Escrow Collection Bank shall strictly follow the instructions of the Book Running Lead Managers and the Registrar in this regard.
3.1.4. 3.1.4 In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow Account, the Public Offer Account or the Refund Account, as the case may be, the Book Running Lead Managers (with copy to the Registrar, Bank and each of the Selling Shareholders), the Bank (with copy to the BRLMs, Registrar and each of the Selling Shareholders) or the Registrar (with copy to the BRLMs, Bank and the Company each of the Selling Shareholders) may, pursuant to a written intimation to the Bankers to the Offer, with a copy to the Selling Shareholders, provide revised instructions to the Bankers to the Offer to transfer the specified amounts to the Escrow Accounts, Public Offer Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of the Book Running Lead Managers Managers, the Registrar or the Company Bank becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Book Running Lead Managers and Managers, the Company Registrar and/or the Bank in terms of this Clause 3.1.4.
Appears in 1 contract
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Book Running Lead Managers during on the Anchor Investor Bid/ Offer Issue Period in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in the Escrow Accounts as specified in Clause 2.2 above and credited upon realisation. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited by Escrow Collection Bank into the relevant Escrow Account prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Issue Price is higher than the Anchor Investor Allocation PriceBid Amounts, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries.
3.1.2. The payment instructions for any amount to be transferred into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified in Clause 2.2.
3.1.3. The Bankers to the OfferIssue, as applicable, agree that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the OfferIssue, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Book Running Lead Managers and the Registrar in this regard.
3.1.4. In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow AccountAccounts, the Public Offer Issue Account or the Refund Account, as the case may be, the Book Running Lead Managers and the Company may, pursuant to a written intimation to the Bankers to the Offer, with a copy to the Selling ShareholdersIssue, provide revised instructions to transfer the specified amounts to the Escrow Accounts, Public Offer Issue Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of the Book Running Lead Managers or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer Issue shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Book Running Lead Managers and the Company in terms of this Clause 3.1.4.
3.1.5. Parties acknowledge that for every bid entered in the Stock Exchange’s bidding platform, the audit trail shall be maintained by NPCI. The liability to compensate the investor in case of failed transactions shall be with the concerned entity in the ‘ASBA with UPI as the payment mechanism’ process (Sponsor Bank 1/Sponsor Bank 2/ NPCI/ Bankers to the Issue) at whose end the lifecycle of the transaction has come to a halt. Parties acknowledge that NPCI shall share the audit trail of all disputed transactions/investor complaints with the respective Sponsor Banks. The Book Running Lead Managers shall obtain the audit trail from the respective Sponsor Banks for analysis and fixation of liability.
Appears in 1 contract
Deposit into the Escrow Accounts. 3.1.1. 3.1.1 The Anchor Investor Bid Amounts (in Indian Rupees only) in relation to the Anchor Investor Bids collected by the Lead Managers during the Anchor Investor Bid/ Offer Period in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in the appropriate Escrow Accounts as specified in Clause 2.2 above and credited upon realisation. Further, any amounts payable by the Underwriters or any other person pursuant to any underwriting obligations in terms of the Underwriting Agreement shall also be deposited into the relevant Escrow Account prior to finalization of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation PriceBid Amounts, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries.
3.1.2. 3.1.2 The payment transfer instructions for any amount to be transferred payment into the Escrow Accounts shall be made in favour of the specific Escrow Accounts identified specified in Clause 2.22.3.
3.1.3. The Bankers to the Offer, as applicable, agree that, in terms of the SEBI ICDR Regulations, ASBA shall be mandatory for all investors participating in the Offer, other than the Anchor Investors. 3.1.3 The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Lead Managers and the Registrar in this regard.
3.1.4. 3.1.4 In the event of any inadvertent error in calculation of any amounts to be transferred to the Escrow Account, the Public Offer Account or the Refund Account, as the case may be, the Lead Managers and the Company Registrar may, with prior notice to the Company and the respective Selling Shareholders and pursuant to a written an intimation to the Bankers to Escrow Collection Bank, the OfferPublic Offer Bank or the Refund Bank, with a copy to the Selling Shareholdersas applicable, provide revised instructions to transfer the specified amounts to the Escrow Accounts, Public Offer Account or the Refund Account, as the case may be, provided that such revised written instructions shall be issued promptly upon any of by the Lead Managers or the Company Parties giving such instructions on becoming aware of such error having occurred (or erroneous instruction having been delivered). On the issuance of revised written instructions as per this Clause, the erroneous instruction(s) previously issued in this regard to the Bankers to Escrow Collection Bank, the Public Offer Bank or the Refund Bank, as applicable, shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Lead Managers and the Company in terms of this Clause 3.1.4delivered.
Appears in 1 contract
Deposit into the Escrow Accounts. 3.1.1. The Anchor Investor Bid Amounts (in Indian Rupees only) in relation relating to Bids from the Anchor Investor Bids collected Investors shall be deposited by the Lead Managers Anchor Investors with the Escrow Collection Bank with whom the Escrow Accounts have been established during the Anchor Investor Bid/ Offer Period Bidding Date in the manner set forth in the Red Xxxxxxx Prospectus, the Preliminary Offering Memorandum and the Syndicate Agreement, shall be deposited with the Escrow Collection Bank in at their designated branches, and shall be credited to the appropriate Escrow Accounts as specified in Clause 2.2 above and credited upon realisationAccounts. FurtherAdditionally, any amounts payable deposited by the Underwriters or any other person pursuant eligible Anchor Investors in relation to any underwriting obligations in terms part of the Underwriting Agreement Issue subsequent to the Anchor Investor Bidding Date and up to (and including) the Pay-in Date in relation to Anchor Investors and in the event that there are any underwriting obligations, such amount shall also be deposited into and credited to the relevant appropriate Escrow Account Accounts prior to finalization finalisation of the Basis of Allotment or such other time as may be agreed among the parties to the Underwriting Agreement. Additionally, in the event the Offer Price is higher than the Anchor Investor Allocation Price, then any incremental amount collected from the Anchor Investors until the pay-in date for Anchor Investor mentioned in the CAN shall also be credited to the relevant Escrow Account. All amounts lying to the credit of the Escrow Accounts shall be held for the benefit of the Beneficiaries.
3.1.2. The payment transfer instructions for any amount to be transferred payment into the Escrow Accounts shall be made drawn in favour of the specific Escrow Accounts identified specified in Clause 2.2.
3.1.3. The Bankers to the Offer, as applicable, agree Escrow Collection Bank agrees that, in terms of the SEBI ICDR RegulationsApplicable Law, ASBA shall be mandatory for all investors participating in the OfferIssue, other than the Anchor Investors. The Escrow Collection Bank confirms that it shall not accept any ASBA Form relating to any ASBA Bidder from the Designated Intermediaries, except in its capacity as an SCSB. The Escrow Collection Bank shall strictly follow the instructions of the Lead Managers BRLM and the Registrar in this regard.
3.1.4. In the event of any inadvertent error in calculation of any amounts to be transferred from the Escrow Account(s) to the Escrow Account, the Public Offer Issue Account or the Refund Account, as the case may be, the Lead Managers BRLM and the Company may, pursuant to a written an intimation to the Bankers to Escrow Collection Bank, the OfferPublic Issue Account Bank, or the Refund Bank, as necessary, with a copy to the Selling Shareholders, Registrar provide revised instructions to the Escrow Collection Bank, the Public Issue Account Bank, or the Refund Bank, as applicable, to transfer the specified amounts to the Escrow Accounts, Public Offer Issue Account or the Refund Account, as the case may be, Account provided that such revised written instructions shall be issued promptly upon any of the Lead Managers BRLM or the Company becoming aware of such error having occurred (or erroneous instruction having been delivered)) with a copy to the other Party. On the issuance of revised written instructions as per this ClauseClause 3.1.4, the erroneous instruction(s) previously issued in this regard to the Bankers to the Offer Escrow Collection Bank, Public Issue Account Bank or Refund Bank, as applicable, shall stand cancelled and superseded by the revised instructions as per this Clause without any further act, intimation or instruction being required from or by any Parties, and the obligations and responsibilities of the respective Parties in this regard shall be construed with reference to the revised instructions so delivered by the Lead Managers BRLM and the Company in terms of this Clause 3.1.4.
3.1.5. Parties acknowledge that for every Bid entered in the Stock Exchange’s bidding platform, the audit trail shall be maintained by NPCI. The liability to compensate the investor in case of failed transactions shall be with the concerned entity in the ASBA with UPI as the payment mechanism process, i.e., the NPCI or the Banker to the Issue, at whose end the lifecycle of the transaction ended. Parties further acknowledge that NPCI shall share the audit trail of all disputed transactions/investor complaints with the Banker to the Issue. The BRLM shall obtain the audit trail from Banker to the Issue for analysis and fixation of liability.
Appears in 1 contract
Samples: Escrow and Sponsor Bank Agreement