DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 The Parties hereto agree that the duties of the Company shall be as set out below: (a) It shall take such steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six (6) Working Days of the Bid/Issue Closing Date, or any other time period prescribed under Applicable Law. (b) It shall use best efforts to ensure that the Registrar instructs the Refund Bank of the details of the refunds to be made to the Bidders. (c) It shall use best efforts to ensure that the Registrar in respect of any Surplus Amount instructs: (a) the Escrow Collection Bank to transfer such Surplus Amount to the Refund Account and subsequently refunds the Surplus Amount to the Anchor Investors; and (b) instruct SCSBs (through Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and the Refund Bank to refund such amounts to the ASBA Bidders. (d) It shall, along with the Banker to the Issue, with the assistance of the Members of the Syndicate, ensure that the Registrar addresses all investor complaints or grievances arising out of any Bid. (e) It shall make the RoC Filing and shall intimate the BRLMs and the Registrar of the date of the RoC Filing. 7.2 The rights and obligations of each of the Parties under this Agreement are several (and not jointly, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions of any other Party to this Agreement. 7.3 The Company agrees that the aggregate amount of commission payable to the Registered Brokers in relation to the Issue as calculated by the Registrar shall be deposited in accordance with the Agreement, to the Stock Exchanges prior to the receipt of the final listing and trading approvals for the Issue. The final payment of such commission shall be made by the Stock Exchanges.
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DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 The Parties hereto agree that the duties of the Company shall be as set out below:
(a) It it shall act diligently, in good faith and take such all steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six 3 (6three) Working Days of the Bid/Issue Closing Date, or any other time period prescribed under Applicable Law.
(b) It The Company with the assistance of the Manager shall use best efforts take necessary steps to ensure that the Registrar to the Issue instructs the Escrow Collection Bank and Refund Bank of the details of the refunds to be made to the Anchor Investors or the Bidders, as the case maybe.
(c) It it shall use best efforts take necessary steps to ensure that the Manager and the Registrar in respect of any Surplus Amount instructs: (a) to the Issue instruct the Escrow Collection Bank to transfer such the Surplus Amount to the Refund Account and subsequently subsequently, the Refund Bank refunds the Surplus Amount to the Anchor Investors; , and (b) instruct SCSBs (through Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and Accounts in accordance with the Refund Bank to refund such amounts to the ASBA BiddersSEBI UPI Circulars.
(d) It shallit, along with the Banker to the Issue, Sponsor Banks and with the assistance of the Members Syndicate and the Registrar, shall redress all Issue related grievances to the satisfaction of the SyndicateManager and in compliance with Applicable Law, ensure that the Registrar addresses all investor complaints or grievances arising out of any Bid.
(e) It it shall make the RoC Filing Filing, within the timelines prescribed by Applicable Law, and shall intimate the BRLMs Manager and the Registrar to the Issue of the date of the RoC FilingFiling immediately thereafter.
7.2 The rights and obligations of each of the Parties under this Agreement are several (and not jointly, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions of any other Party to this Agreement.
7.3 The Company hereby agrees that the aggregate amount of commission payable to the Registered Brokers in relation to the Issue as calculated by the Registrar to the Issue shall be deposited in accordance by the Company with the Agreement, to the Stock Exchanges prior to the receipt of the final listing and trading approvals for the Issueapprovals. The final payment of such commission to the Registered Brokers shall be made by the Stock Exchanges.
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DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 7.1. The Parties hereto agree that the duties of the Company shall be as set out below:
(a) It shall take such steps, as expeditiously as possibleare necessary, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six (6) Working Days of the Bid/Bid/ Issue Closing Date, or any other time period prescribed under Applicable Law.;
(b) It shall use best efforts to ensure that the Registrar instructs the Refund Bank of the details of the refunds to be made to the Bidders.;
(c) It shall use best efforts to ensure that the Registrar in respect of any Surplus Amount instructs: (a) the Escrow Collection Bank to transfer such Surplus Amount to the Refund Account and subsequently refunds the Surplus Amount to the Anchor Investors; and (b) instruct SCSBs (through the Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and the Refund Bank to refund such amounts to the ASBA Bidders.;
(d) It shall, along with the Banker to the Issue, with the assistance of the Members of the Syndicate, ensure that the Registrar addresses all investor complaints or grievances arising out of any Bid.;
(e) It shall make the RoC Filing and shall intimate the BRLMs BRLM and the Registrar of the date of the RoC Filing.
7.2 The rights and obligations of each of the Parties under this Agreement are several (and not jointly, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions of any other Party to this Agreement.
7.3 7.2. The Company agrees hereby agree that the aggregate amount of commission payable to the Registered Brokers in relation to the Issue as calculated by the Registrar shall be deposited in accordance with the Agreement, to the Stock Exchanges prior to the receipt of the final listing and trading approvals for the Issue. The final payment of such commission shall be made by the Stock Exchanges.
Appears in 1 contract
DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 The Parties hereto agree that the duties of the Company shall be as set out below:
(a) It The Company shall take such steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six (6) Working Days of the Bid/Issue Closing Date, or any other time period prescribed under Applicable Law.
(b) It shall use best efforts to ensure that the Registrar instructs the Escrow Collection Bank and Refund Bank of the details of the refunds to be made to the BiddersAnchor Investors.
(cb) It The Company shall use best efforts to ensure that the Registrar in respect of any Surplus Amount instructs: Amount, instructs (ai) the Escrow Collection Bank to transfer such the Surplus Amount to the Refund Account and subsequently refunds the Surplus Amount to the Anchor InvestorsBeneficiaries as well as (ii) instructs the SCSBs to unblock ASBA Accounts at the first instance; and (b) instruct SCSBs (through Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and the Refund Bank to refund such amounts to the ASBA BiddersBidders at the second instance.
(c) The Company shall use reasonable efforts to ensure that the Registrar in respect of bids made by RIBs using UPI ID, shares the debit file post approval of the Basis of Allotment, with the Sponsor Bank to enable transfer of funds from RIB’s bank accounts to the Public Offer Account.
(d) It shall, along with the Banker to the IssueThe Company, with the assistance of the Members of the SyndicateBRLM, shall use best efforts to ensure that the Registrar addresses all investor complaints or grievances arising out of any Bid.
(e) It The Company shall make the RoC Filing of the Prospectus, within the timelines prescribed under the Applicable Law and shall intimate the BRLMs BRLM and the Registrar of the date of the Prospectus RoC FilingFiling immediately thereafter.
(f) The Company shall ensure that the listing of the Equity Shares is completed within the time period stipulated under the Applicable Law (including any circulars or directions issued by SEBI).
7.2 The rights and obligations of each Each of the Parties under Company shall be severally and not jointly responsible and liable, solely in respect of itself for any failure to perform its own duties and responsibilities as set out in this Agreement are several (and not jointly, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions breach of any other Party to of their respective representations, warranties, agreements, covenants, undertakings or obligations under this Agreement.
7.3 The Company agrees hereby agree that the aggregate amount of commission payable to the Registered Brokers and Syndicate Members in relation to the Issue Offer as calculated by the Registrar shall be deposited in accordance with by the Agreement, Company to the Stock Exchanges Exchange prior to the receipt of the final listing and trading approvals for the Issueapproval. The final payment of such commission to the Registered Brokers shall be made by the Stock ExchangesExchange. Further, commission to the Sponsor Bank, RTAs and CDPs, as calculated by the Registrar, shall be paid directly by the Company, within 30 Working Days of receipt of the invoices from the respective RTAs and CDPs, as the case may be.
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Samples: Escrow and Sponsor Bank Agreement
DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 7.1. The Parties hereto agree that the duties of the Company shall be as set out below:
(a) It it shall take such all steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six 6 (6six) Working Days of the Bid/Bid/ Issue Closing Date, or any other time period prescribed under Applicable Law.Law including SEBI circular SEBI/HO/CFD/TPD1/CIR/P/2023/140 dated August 9, 2023;
(b) It it shall use best efforts in the consultation of the BRLM take all necessary steps to ensure that the Registrar instructs completion of Allotment, dispatch of Allotment Advice, including any revisions, if required, and refund orders to Bidders, including Anchor Investors and including unblocking ASBA accounts in relation to ASBA bidders, in any case, no later than the Refund Bank time limit prescribed under Applicable Law and, in the event of the details of the refunds failure to be made do so, to the Bidderspay interest to Bidders as required under Applicable Law.
(c) It it shall use best efforts take necessary steps to ensure that the BRLM and the Registrar in respect of any Surplus Amount instructs: (a) instruct the Escrow Collection Bank to transfer such the Surplus Amount to the Refund Account and subsequently subsequently, the Refund Bank refunds the Surplus Amount to the Anchor Investors; , and (b) instruct SCSBs (through Sponsor BanksBank, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and Accounts in accordance with the Refund Bank to refund such amounts to the ASBA BiddersSEBI UPI Circulars.
(d) It shallit, along with the Banker to the Issue, with Sponsor Banks and the assistance of the Members of the Syndicate, ensure that the Registrar addresses shall redress all investor complaints or Issue related grievances and in compliance with Applicable Law, arising out of any Bid.
(e) It it shall make the RoC Filing Filing, within the timelines prescribed by Applicable Law, and shall intimate the BRLMs BRLM and the Registrar of the date of the RoC FilingFiling immediately thereafter.
7.2 7.2. The rights and obligations of each of the Parties under this Agreement are several (and not jointly, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions of any other Party to this Agreement.
7.3 7.3. The Company agrees hereby severally agree that the aggregate amount of commission payable to the Registered Brokers in relation to the Issue as calculated by the Registrar shall be deposited in accordance by the Company with the Agreement, to the Stock Exchanges prior to the receipt of the final listing and trading approvals for the Issueapprovals. The final payment of such commission to the Registered Brokers shall be made by the Stock Exchanges.
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DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 The Parties hereto agree that the duties of the Company shall be as set out below:
(a) It it shall act diligently, in good faith and take such all steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six 3 (6three) Working Days of the Bid/Issue Closing Date, or any other time period prescribed under Applicable Law.
(b) It The Company with the assistance of the Managers shall use best efforts take necessary steps to ensure that the Registrar to the Issue instructs the Escrow Collection Bank and Refund Bank of the details of the refunds to be made to the Anchor Investors or the Bidders, as the case maybe.
(c) It it shall use best efforts take necessary steps to ensure that the Managers and the Registrar in respect of any Surplus Amount instructs: (a) to the Issue instruct the Escrow Collection Bank to transfer such the Surplus Amount to the Refund Account and subsequently subsequently, the Refund Bank refunds the Surplus Amount to the Anchor Investors; , and (b) instruct SCSBs (through Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and Accounts in accordance with the Refund Bank to refund such amounts to the ASBA BiddersSEBI UPI Circulars.
(d) It shallit, along with the Banker to the Issue, Sponsor Banks and with the assistance of the Members Syndicate and the Registrar, shall redress all Issue related grievances to the satisfaction of the SyndicateManagers and in compliance with Applicable Law, ensure that the Registrar addresses all investor complaints or grievances arising out of any Bid.
(e) It it shall make the RoC Filing Filing, within the timelines prescribed by Applicable Law, and shall intimate the BRLMs Managers and the Registrar to the Issue of the date of the RoC FilingFiling immediately thereafter.
7.2 The rights and obligations of each of the Parties under this Agreement are several (and not jointly, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions of any other Party to this Agreement.
7.3 The Company hereby agrees that the aggregate amount of commission payable to the Registered Brokers in relation to the Issue as calculated by the Registrar to the Issue shall be deposited in accordance by the Company with the Agreement, to the Stock Exchanges prior to the receipt of the final listing and trading approvals for the Issueapprovals. The final payment of such commission to the Registered Brokers shall be made by the Stock Exchanges.
7.3 The Company shall be responsible and liable for any failure to perform its duties and responsibilities as set out in this Agreement and for breach of any of its respective representations, warranties, agreements, covenants, undertakings or obligations under this Agreement.
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DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 The Parties hereto agree that the duties of the Company shall be as set out below:
(a) It shall take such steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six (6) Working Days of the Bid/Bid/ Issue Closing Date, or any other time period prescribed under Applicable Law.
(b) It shall use best efforts to ensure that the Registrar instructs the Refund Bank Bankers to the Issue, as applicable, of the details of the refunds to be made to the Bidders.
(c) It shall use best efforts to ensure that the Registrar in respect of any Surplus Amount instructs: (a) the Escrow Collection Bank to transfer such Surplus Amount to the Refund Account and subsequently refunds the Surplus Amount to the Anchor Investors; and (b) instruct SCSBs (through Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and the Refund Bank to refund such amounts to the ASBA Bidders.
(d) It shall, along with the Banker Bankers to the Issue, with the assistance of the Members members of the Syndicate, ensure that the Registrar addresses all investor complaints or grievances arising out of any Bid.
(e) It The Company shall make the RoC Filing and shall intimate the BRLMs Book Running Lead Managers and the Registrar of the date of the RoC Filing.
7.2 The rights and obligations of each of the Parties under this Agreement are several (and not jointlyjoint, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions of any other Party to this Agreement.
7.3 The Company agrees and acknowledges that in the event of any compensation required to be paid by the BRLMs to Bidders for delays in redressal of their grievance by the SCSBs in accordance with the SEBI circular no. SEBI/HO/CFD/DIL2/CIR/P/2021/2480/1/M dated March 16, 2021, read with the SEBI Circular no. SEBI/HO/CFD/DIL2/P/CIR/2021/570 dated June 2, 2021 read along with the provisions of Applicable Law, the Company shall reimburse the BRLM for such compensation (including applicable taxes and statutory charges, interest or penalty charged, if any) immediately but not later 7 (seven) Working Days of (i) receipt of proof of payment of compensation (including applicable taxes and statutory charges, interest or penalty charged, if any) by the BRLMs, or (ii) the amount of compensation payable (including applicable taxes and statutory charges, if any), along with the proof of such compensation payable, being communicated to the Company in writing by the BRLMs, whichever is earlier. To the extent permitted by applicable law, the relevant BRLM agrees to provide the Company within a reasonable time period, if so requested by the Company, any document or information in its possession, in the event that any action is proposed to be taken by the Company against any SCSB in relation to any delay or failure which results in a reimbursement or payment under this clause.
7.4 The Company agrees that the aggregate amount of commission payable to the Registered Brokers in relation to the Issue as calculated by the Registrar shall be deposited in accordance with the Agreement, to the Stock Exchanges prior to the receipt of the final listing and trading approvals for the Issue. The final payment of such commission shall be made by the Stock Exchanges.
Appears in 1 contract
DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 The Parties hereto agree that the duties of the Company shall be as set out below:
(a) It shall take such steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six (6) three Working Days of the Bid/Bid/ Issue Closing Date, or any other time period prescribed under Applicable Law.
(b) It shall use best efforts to ensure that the Registrar instructs the Refund Bank Bankers to the Issue, as applicable, of the details of the refunds to be made to the Bidders.
(c) It shall use best efforts to ensure that the Registrar in respect of any Surplus Amount instructs: (a) the Escrow Collection Bank to transfer such Surplus Amount to the Refund Account and subsequently refunds the Surplus Amount to the Anchor Investors; and (b) instruct SCSBs (through Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and the Refund Bank to refund such amounts to the ASBA Bidders.
(d) It shall, along with the Banker Bankers to the Issue, with the assistance of the Members members of the Syndicate, ensure that the Registrar addresses all investor complaints or grievances arising out of any Bid.
(e) It The Company shall make the RoC Filing and shall intimate the BRLMs Book Running Lead Manager and the Registrar of the date of the RoC Filing.
7.2 The rights and obligations of each of the Parties under this Agreement are several (and not jointlyjoint, or joint and several) and none of the Parties shall be responsible or liable directly or indirectly, for any acts or omissions of any other Party to this Agreement.
7.3 The Company agrees and acknowledges that in the event of any compensation required to be paid by the BRLM to Bidders for delays in redressal of their grievance by the SCSBs in accordance with the SEBI circular no. SEBI/HO/CFD/DIL2/CIR/P/2021/2480/1/M dated March 16, 2021, read with the SEBI Circular no. SEBI/HO/CFD/DIL2/P/CIR/2021/570 dated June 2, 2021 read along with the provisions of Applicable Law, the Company shall reimburse the BRLM for such compensation (including applicable taxes and statutory charges, interest or penalty charged, if any) immediately but not later 7 (seven) Working Days of (i) receipt of proof of payment of compensation (including applicable taxes and statutory charges, interest or penalty charged, if any) by the BRLM, or (ii) the amount of compensation payable (including applicable taxes and statutory charges, if any), along with the proof of such compensation payable, being communicated to the Company in writing by the BRLM, whichever is earlier. To the extent permitted by applicable law, the relevant BRLM agrees to provide the Company within a reasonable time period, if so requested by the Company, any document or information in its possession, in the event that any action is proposed to be taken by the Company against any SCSB in relation to any delay or failure which results in a reimbursement or payment under this clause.
7.4 The Company agrees that the aggregate amount of commission payable to the Registered Brokers in relation to the Issue as calculated by the Registrar shall be deposited in accordance with the Agreement, to the Stock Exchanges prior to the receipt of the final listing and trading approvals for the Issue. The final payment of such commission shall be made by the Stock Exchanges.
Appears in 1 contract
DUTIES AND RESPONSIBILITIES OF THE COMPANY. 7.1 7.1. The Parties hereto agree that Company hereby agrees to the duties of the Company shall be as set out belowfollowing:
(ai) It it shall take such steps, as expeditiously as possible, as are necessary to ensure the completion of listing and commencement of trading of the Equity Shares on the Stock Exchanges within six three (63) Working Days of the Bid/Issue Offer Closing Date, Date or any other time period prescribed under Applicable Law.;
(bii) It it shall use best efforts to ensure that the Registrar to the Offer instructs the Escrow Collection Bank and the Refund Bank of the details of the any refunds to be made to the Bidders.Bidders or the Underwriters, as the case may be;
(ciii) It it shall use best efforts to ensure that the Registrar to the Offer, in respect of any Surplus Amount instructs: Amount, (a) the instructs Escrow Collection Bank to transfer such the Surplus Amount to the Refund Account and subsequently subsequently, the Refund Bank refunds the Surplus Amount to the Anchor Investors; , and (b) instruct SCSBs (through Sponsor Banks, in case of UPI Bidders using the UPI Mechanism) to unblock the ASBA Accounts, and the Refund Bank to refund such amounts to the ASBA Bidders.;
(div) It it shall, along with Escrow Collection Bank, the Banker to Public Offer Account Bank, the IssueRefund Bank, the Sponsor Banks, and with the assistance of the Members members of the Syndicate, ensure that the Registrar to the Offer addresses all investor complaints or grievances arising out of any Bid.Bid within the timelines specified under Applicable Law; and
(ev) It it shall make file the Prospectus with the RoC Filing as soon as practicable, and shall in any case within the timelines prescribed under Applicable Law, and intimate the BRLMs and the Registrar of to the date Offer of the RoC FilingFiling immediately thereafter.
7.2 7.2. The rights and obligations of each of the Parties under this Agreement are several (and not jointly, or joint and several) and none of the Parties Company agrees that it shall be responsible or liable directly or indirectlyfor the disbursement of the aggregate amount of fees, for any acts or omissions commissions, expenses and other charges payable to the Registered Brokers, the RTAs and CDPs in accordance with Section 3.2.3.7 of any other Party to this Agreement.
7.3 7.3. The Company agrees that the aggregate amount of commission payable they shall provide all necessary assistance to the Registered Brokers members of the Syndicate in order to fulfill their obligations under this Agreement and Applicable Law in relation to the Issue as calculated Offer, including in connection with investor complaints or grievances arising out of or in relation to the Offer.
7.4. The Company shall promptly pay the BRLMs within two (2) Working Days of receiving an intimation from them, for any compensation or liabilities incurred by the BRLMs for delay or failure in unblocking of ASBA funds by XXXXx or non-performance of roles by the Registrar shall be deposited in accordance with the Agreement, to the Stock Exchanges prior to Offer and/or the receipt SCSBs as set out in the March 16 Circular, June 2 Circular and April 20 Circular and/or other Applicable Law, including any interest and/or penalty charged thereon. Each BRLM, upon incurring any liabilities in terms of the final listing March 16 Circular, June 2 Circular and trading approvals for April 20 Circular will promptly intimate the Issue. The final payment of such commission shall be made by the Stock ExchangesCompany.
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