Common use of Effects of Termination on Securities Clause in Contracts

Effects of Termination on Securities. (a) If, after application and registration of the Underwritten Capital Increase and/or any Option Capital Increase with the Commercial Register of the Canton of Zug pursuant to Sections 3(b) or 4(b), prior to the First Closing Date or the relevant Option Closing Date, as the case may be, this Underwriting Agreement is terminated pursuant to Section 10, or if the delivery of the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities to the Representatives for the account of the several Underwriters is not completed on the First Closing Date or the relevant Option Closing Date, as the case may be (each, an “Event of Non-Completion”), and unless the Issuer and the Representatives, acting on behalf of the several Underwriters, otherwise agree within ten calendar days after the Event of Non-Completion, then: (i) the Issuer shall have a call option against the Underwriters pursuant to Section 11(b); (ii) if the call option is not exercised, the Representatives acting on behalf of the several Underwriters shall have a put option against the Issuer pursuant to Section 11(c); (iii) if the put option is not possible for legal reasons or insufficient to dispose of the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities, as applicable, or if such put option is not exercised within the deadline set forth in Section 11(c), the Issuer shall effect a capital reduction pursuant to Section 11(d); and (iv) if the capital reduction is not effected in accordance with Section 11(d), the Underwriters may sell the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities, as applicable, in the market as provided in Section 11(e).

Effects of Termination on Securities. (a) If, after application and registration of the Underwritten Capital Increase and/or any Option Capital Increase with the Commercial Register of the Canton of Zug pursuant to Sections 3(b3(a)(ii) or 4(b4(a)(ii), prior to the First Closing Date or the relevant Option Closing Date, as the case may be, this Underwriting Agreement is terminated pursuant to Section 10, or if the delivery of the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities to the Representatives for the account of the several Underwriters is not completed on the First Closing Date or the relevant Option Closing Date, as the case may be (each, an “Event of Non-Completion”), and unless the Issuer and the Representatives, acting on behalf of the several Underwriters, otherwise agree within ten calendar days after the Event of Non-Completion, then: (i) the Issuer shall have a call option against the Underwriters pursuant to Section 11(b); (ii) if the call option is not exercised, the Representatives acting on behalf of the several Underwriters shall have a put option against the Issuer pursuant to Section 11(c); (iii) if the put option is not possible for legal reasons or insufficient to dispose of the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities, as applicable, or if such put option is not exercised within the deadline set forth in Section 11(c), the Issuer shall effect a capital reduction pursuant to Section 11(d); and (iv) if the capital reduction is not effected in accordance with Section 11(d), the Underwriters may sell the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities, as applicable, in the market as provided in Section 11(e).

Effects of Termination on Securities. (a) If, after application and registration of the Underwritten Capital Increase and/or any Option Capital Increase with the Commercial Register of the Canton of Zug Basel-Stadt pursuant to Sections Section 3(b) or 4(b), prior to the First Closing Date or the relevant Option Closing Date, as the case may be, this Underwriting Agreement is terminated pursuant to Section 10, or if the delivery of the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities to the Representatives for the account of the several Underwriters is not completed on the First Closing Date or the relevant Option Closing Date, as the case may be (each, an “Event of Non-Completion”), and unless the Issuer and the Representatives, acting on behalf of the several Underwriters, otherwise agree within ten calendar days after the Event of Non-Completion, then: (i) the Issuer shall have a call option against the Underwriters pursuant to Section 11(b); (ii) if the call option is not exercised, the Representatives acting on behalf of the several Underwriters shall have a put option against the Issuer pursuant to Section 11(c); (iii) if the put option is not possible for legal reasons or insufficient to dispose of the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities, as applicable, or if such put option is not exercised within the deadline set forth in Section 11(c), the Issuer shall effect a capital reduction pursuant to Section 11(d); and (iv) if the capital reduction is not effected in accordance with Section 11(d), the Underwriters may sell the Underwritten Securities, First Applicable Option Securities or Second Applicable Option Securities, as applicable, in the market as provided in Section 11(e).