DETAILS OF THE PROPOSED VARIATION Sample Clauses

DETAILS OF THE PROPOSED VARIATION. In view that the APSB Entitlement Sum would be revised from the Original APSB Entitlement Sum to RM190.00 million only pursuant to the terms of the FSA and since the JVAs will be terminated on the Unconditional Date and the Development Land will be transferred to CCPSB upon its full settlement of the Final Settlement Sum to APSB, the Proposed Variation is considered a material variation under Paragraph 8.22(2)(b) of the Listing Requirements. Further details on the Proposed Variation (including the FSA) are set out below. 3.1 Salient terms of the FSA
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DETAILS OF THE PROPOSED VARIATION. SHIB had on 11 November 2019 entered into the Supplemental Agreement to amend, modify, substitute, vary and alter the terms, conditions and provisions of the Subscription Agreement. Pursuant to the Supplemental Agreement, SHIB and the Subscriber have agreed to, amongst others, the followings: (i) to revise the Minimum Conversion Price from RM0.18 to RM0.10 ("Revised MCP”); (ii) to set the limit of the number of Conversion Shares to be issued upon conversion of the Notes at 833,333,333 Conversion Shares (“Conversion Limit”); and (iii) to revise the nominal value of each sub-tranche of Tranche 1 to Tranche 3 Notes to RM1 million each. For illustration purpose, the abovementioned changes are illustrated in the table below: As per the Subscription Agreement Proposed Variation MCP The MCP is set at RM0.18. The MCP is revised to RM0.10. Conversion Limit (Note: There was no provision of Conversion Limit in the Subscription Agreement. However, based on the MCP of RM0.18, the maximum number of Conversion Shares is 833,333,333). The Noteholder is only allowed to convert the Notes up to 833,333,333 SHIB Shares as approved by Bursa Securities and the shareholders of SHIB at the EGM. Revision of the nominal value of sub-tranches Tranche 1 Notes shall comprise of 10 equal sub-tranches of RM5 million each, Tranche 2 Notes shall comprise of 10 equal sub-tranches of RM5 million each and Tranche 3 Notes shall comprise of 5 equal sub-tranches of RM10 million each. Tranche 1 Notes, Tranche 2 Notes and Tranche 3 Notes shall each comprise of 50 equal sub-tranches of RM1 million each. The salient terms of the Subscription Agreement and Supplemental Agreement (including other changes to the Subscription Agreement as amended by the Supplemental Agreement other than those as set out above) are set out in Appendix I of this announcement. Save for the consequential changes as a result of the changes to the Subscription Agreement and those as set out in Section 2 and Appendix I of this announcement, there are no other material amendments to the Subscription Agreement as varied by the Supplemental Agreement and all other terms and conditions of the Subscription Agreement shall remain unchanged and continue to be in full force and effect.
DETAILS OF THE PROPOSED VARIATION. The Proposed Variation is carried out pursuant to CCPSB’s request for APSB to transfer the Said Land to CCPSB in order for it to raise financing for the Revised Project and the operations of the Retail Podium through a charge on the Said Land to a Financier, such that it can fulfil its obligations to APSB under the Joint Venture Agreement including the payment of the APSB Entitlement Sum. To facilitate the above, the Parties have entered into the Agreements with the intention of varying the terms and conditions of the Joint Venture Agreement and the Supplemental Agreements (collectively referred to as the “JVAs”). A comparison of the key revised terms contained in the JVAs and the terms set out in the Agreements are summarised below:

Related to DETAILS OF THE PROPOSED VARIATION

  • Proposed Policies and Procedures Regarding New Online Content and Functionality By October 31, 2017, the School will submit to OCR for its review and approval proposed policies and procedures (“the Plan for New Content”) to ensure that all new, newly-added, or modified online content and functionality will be accessible to people with disabilities as measured by conformance to the Benchmarks for Measuring Accessibility set forth above, except where doing so would impose a fundamental alteration or undue burden. a) When fundamental alteration or undue burden defenses apply, the Plan for New Content will require the School to provide equally effective alternative access. The Plan for New Content will require the School, in providing equally effective alternate access, to take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. b) The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation. This provision also applies to the School’s online content and functionality developed by, maintained by, or offered through a third-party vendor or by using open sources. c) Within thirty (30) days of receiving OCR’s approval of the Plan for New Content, the School will officially adopt, and fully implement the amended policies and procedures.

  • Representatives’ Review of Proposed Amendments and Supplements During the period when a prospectus relating to the Offered Shares is required by the Securities Act to be delivered (whether physically or through compliance with Rule 172 under the Securities Act or any similar rule), the Company (i) will furnish to the Representatives for review, a reasonable period of time prior to the proposed time of filing of any proposed amendment or supplement to the Registration Statement, a copy of each such amendment or supplement and (ii) will not amend or supplement the Registration Statement (including any amendment or supplement through incorporation of any report filed under the Exchange Act) without the Representatives’ prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Prior to amending or supplementing any preliminary prospectus, the Time of Sale Prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company shall furnish to the Representatives for review, a reasonable amount of time prior to the time of filing or use of the proposed amendment or supplement, a copy of each such proposed amendment or supplement. The Company shall not file or use any such proposed amendment or supplement without the Representatives’ prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. The Company shall file with the Commission within the applicable period specified in Rule 424(b) under the Securities Act any prospectus required to be filed pursuant to such Rule.

  • Project Changes 1.8.1. All changes shall be administered per the UGC. 1.8.2. Upon authorization by the Owner, the Owner or Architect/Engineer will prepare and issue all changes to the Contract affecting cost, scope and/or time as a formal Change Order to the Contract on the standard University of Texas MD Xxxxxxxx Cancer Center Change Order form. The Change Order may include separate change issues, identified as Change Proposals and field orders. 1.8.3. Upon authorization by the Owner, Change Proposals may be issued to the Architect/Engineer for pricing by the Contractor. Contractor shall submit pricing to the Owner within twenty-one (21) days and pricing shall be indicated on the standard Owner "Change in Work Cost Analysis" ("Cost Analysis") form provided in the Pre-Construction Conference Brochure. Contractor may not include a Change Proposal within a Change Order unless the Owner has accepted the Change Proposal. 1.8.3.1. The Contractor shall summarize all costs for each change at each level of subcontractor and supplier by preparing the "Cost Analysis" form, and shall provide each subcontractor's cost summary on separate "Cost Analysis" forms as backup. Additional support documentation from both the Contractor and Contractor’s subcontractors is encouraged, but such will not replace use of the standard form. 1.8.3.2. When the Contractor believes it is entitled to a time extension, Contractor shall so state as part of Contractor’s response to the Change Proposal, including a justifica- tion for a time extension. Owner may grant time extensions only if a Change Proposal affects the activities on the Longest Path of an Owner approved Work Progress Schedule; i.e., when the Work impacts the "Contract Substantial Completion Date". 1.8.3.3. If the Owner’s Project Manager and Contractor cannot mutually agree upon a fair and reasonable cost and time settlement, the Owner’s Project Manager may: 1) Reject the quotation and void the Change Proposal, 2) Issue instructions to the Contractor to proceed on a time and material basis for a price to be determined later not to exceed a fixed maximum dollar and time, or 3) Issue a Unilateral Change Order. 1.8.3.4. The Owner’s Construction Inspector and/or Owner’s Project Manager may issue field orders directly to the Contractor for minor changes to the Contract, which can be negotiated in the field. Pricing backup is at the discretion of the Owner’s Construction Inspector, but pricing backup is required for any field order, the pricing backup is to be outlined on the "Cost Analysis" form. When the Owner and Contractor have signed the field order, the Work is authorized and the field order may be included in the next Change Order. 1.8.4. Request for payment for Change Order work may be submitted only after the Change Order has been fully executed.

  • Change Order The Change Order is then submitted to the Project Manager who immediately processes the CO with OPC as required by Bulletin 3.5 and BGS’ Contracting Plan.

  • Budget Consulting Engineer/Architect shall advise City if, in its opinion, the amount budgeted for construction is not sufficient to adequately design and construct the improvement as requested.

  • Business Plan The Lenders shall have received a satisfactory business plan for fiscal years 1999-2006 and a satisfactory written analysis of the business and prospects of the Borrower and its Subsidiaries for the period from the Closing Date through the final maturity of the Term Loans.

  • SCOPE CHANGES The Commissioner reserves the right to require, by written order, changes to the scope of the Contract, by altering, adding to or deducting from the Bid Specifications, such changes to be within the general scope of the Contract. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under the Contract, whether or not changed by the order, the Commissioner shall, upon notice from Contractor as hereafter stated, make an equitable adjustment in the Contract price, the delivery schedule or both and shall modify the Contract. The Contractor must assert its right to an adjustment under this clause within thirty days from the date of receipt of the written order. However, if the Commissioner decides that the facts justify it, the Commissioner may provide an adjustment without receipt of a proposal. Failure to agree to any adjustment shall be a dispute under the Disputes clause, provided, however, that nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

  • Construction Budget The total amount of funds indicated by the District for the entire Project plus all other costs, including design, construction, administration, and financing.

  • MODIFICATION & VARIATION The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement. c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

  • Technical Proposal The technical proposal may be presented in free format. It shall not exceed ten pages, not counting the CVs. It shall respect the following page limit and structure: • Technical methodology (max. 7 pages) • Quality management (max. 1 page) • Project management (max. 1 page) • Resource management (proposal (max. 1 page) + CVs of experts)

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