Entry into Force and Term of the Agreement. (1) This Agreement shall be concluded subject to the approval of the Shareholders' Meeting of the Controlling Company and the Shareholders' Meeting of the Controlled Company. (2) This Agreement shall enter into force upon its registration in the Commercial Register of the Controlled Company's domicile and - with the exception of the authority to issue instructions according to Section 1 - it shall take retroactive effect from the beginning of the Controlled Company's financial year for which the obligation to transfer profits enters into force for the first time pursuant to Section 2, Paragraph 4. (3) This Agreement shall be concluded for a fixed term expiring at the end of the five-year peri- od starting at the beginning of the Controlled Company's financial year for which the obliga- tion to transfer profits enters into force for the first time pursuant to Section 2, Paragraph 4 and at least until 31 December 2014. If the Controlled Company introduces a financial year deviating from the calendar year, the term of this Agreement shall be extended until the end of the financial year underway during the expiry of the fixed term set forth in Sentence 1. This Agreement shall be extended for one year at a time unless it is terminated by a con- tracting party no later than six months before its expiry. (4) The right to terminate for good reason shall not be affected by this. The Controlling Compa- ny shall be entitled in particular to terminate this Agreement for good reason if it ceases to hold a majority interest in the Controlled Company or if it has assumed an obligation to xxxxx- xxxxx said majority interest. Such termination may be effected without notice or at the end of the financial year of the Controlled Company underway during the sale or transfer of the ma- jority interest.
Appears in 4 contracts
Samples: Profit and Loss Pooling Agreement, Profit and Loss Pooling Agreement, Profit and Loss Pooling Agreement
Entry into Force and Term of the Agreement. (1) This Agreement shall be concluded subject to the approval of the Shareholders' Annual General Meeting of the Controlling Company and the Shareholders' Meeting of the Controlled Company.
(2) This Agreement shall enter into force upon its registration in entry into the Commercial Register of the domicile of the Controlled Company's domicile Company and - shall be valid retroactively – with the exception of the authority right to issue instructions according pursuant to Section 1 - it shall take retroactive effect – from the beginning of the fiscal year of the Controlled Company's financial year for , to which the profit transfer obligation to transfer profits enters into force applies for the first time pursuant to in accordance with Section 2, Paragraph 4.
(3) This Agreement shall be firmly concluded for a fixed term expiring at the end period ending five years after the begin- ning of the five-fiscal year peri- od starting at the beginning of the Controlled Company's financial year for Company to which the obliga- tion to profit transfer profits enters into force obligation ap- plies for the first time pursuant to in accordance with Section 2, Paragraph 4 and at least until 31 December 20144. If the Controlled Company Com- pany introduces a financial fiscal year deviating that deviates from the calendar year, the term of this Agreement Agree- ment shall be extended until the end of the financial fiscal year underway during running at the expiry end of the fixed term set forth out in Sentence 1. This Agreement shall be extended for one in unamended form by a year at a time unless un- less it is terminated by a con- tracting party one of the contracting parties no later than six months before its expiry.
(4) The This shall not affect the right to terminate of termination for good reason shall not be affected by thiscause. The Controlling Compa- ny Company shall be entitled in particular to terminate this the Agreement for good reason cause especially if it ceases to hold a majority interest ma- jority stake in the Controlled Company or if it has assumed an obligation undertakes to xxxxx- xxxxx said relinquish its majority intereststake. Such The termination may be effected made without notice giving notice, effective from any point in time between the assumption of the obligation and transfer, or at effective from the end of the financial fiscal year of the Controlled Company underway during running when the sale transfer obligation is assumed, or transfer of the ma- jority interestupon trans- fer.
Appears in 2 contracts
Samples: Control and Profit and Loss Pooling Agreement, Control and Profit and Loss Pooling Agreement
Entry into Force and Term of the Agreement. (1) This Agreement shall be concluded subject to the approval of the Shareholders' Annual General Meeting of the Controlling Company and the Shareholders' Meeting of the Controlled Company.
(2) This Agreement shall enter into force upon its registration in the Commercial Register of the Controlled Company's domicile and - with the exception of the authority to issue instructions according to Section 1 - it shall take retroactive effect from as of the beginning of the Controlled Company's financial year for which the obligation to transfer profits enters into force for the first time pursuant to Section 21, Paragraph 43.
(3) This Agreement shall be concluded for a fixed term expiring at the end of the five-year peri- od five years starting at the beginning of the Controlled Company's financial year for which the obliga- tion profit transfer obligation according to transfer profits Section 1, Paragraph 3 enters into force for the first time pursuant to Section 2, Paragraph 4 and at least until 31 December 2014time. If the Controlled Company introduces a financial year deviating from the calendar year, the term of this Agreement shall be extended until the end of the financial year underway during the expiry of the fixed term set forth in Sentence 1. This Agreement shall be extended for one year at a time unless it is terminated by a con- tracting contracting party no later than six months before its expiry.
(4) The right to terminate for good reason shall not be affected by this. The Controlling Compa- ny Company shall be entitled in particular to terminate this Agreement for good reason if it ceases to hold a majority interest in the Controlled Company or if it has assumed an obligation to xxxxx- xxxxx said relinquish its majority interest. Such termination may be effected without notice or at the end of the Controlled Company’s financial year of the Controlled Company underway during the sale or transfer of the ma- jority majority interest.
Appears in 1 contract
Samples: Profit and Loss Pooling Agreement
Entry into Force and Term of the Agreement. (1) This Agreement shall be concluded subject to the approval of the Shareholders' Annual General Meeting of the Controlling Company and the Shareholders' Meeting of the Controlled Company.
(2) This Agreement shall enter into force upon its registration in the Commercial Register of the Controlled Company's domicile domicile, and - with the exception of the authority to issue instructions according to Section 1 - it shall take retroactive effect from the beginning of the Controlled Company's financial year for which the obligation to transfer profits enters into force for the first time pursuant to Section 21, Paragraph 43.
(3) This Agreement shall be concluded for a fixed term expiring at the end of the five-year peri- od period starting at the beginning of the Controlled Company's financial year for which the obliga- tion profit transfer obligation according to transfer profits Section 1, Paragraph 3 enters into force for the first time pursuant to Section 2, Paragraph 4 and at least until 31 December 2014time. If the Controlled Company introduces a financial year deviating from the calendar year, the term of this Agreement shall be extended until the end of the financial year underway during the expiry of the fixed term set forth in Sentence 1. This Agreement shall be extended for one year at a time unless it is terminated by a con- tracting contracting party no later than six months before its expiry.
(4) The right to terminate for good reason shall not be affected by this. The Controlling Compa- ny Company shall be entitled in particular to terminate this Agreement for good reason if it ceases to hold a majority interest in the Controlled Company or if it has assumed an obligation to xxxxx- xxxxx said relinquish its majority interest. Such termination may be effected without notice or at the end of the Controlled Company's financial year of the Controlled Company underway during the sale or transfer of the ma- jority majority interest.
Appears in 1 contract
Samples: Profit and Loss Pooling Agreement
Entry into Force and Term of the Agreement. (1) This Agreement shall be concluded subject to the approval of the Shareholders' Meeting of the Controlling Company and the Shareholders' Meeting of the Controlled Company.
(2) This Agreement shall enter into force upon its registration in the Commercial Register of the Controlled Company's domicile and - with the exception of the authority to issue instructions according to Section 1 - it shall take retroactive effect from the beginning of the Controlled Company's financial year for which the obligation to transfer profits enters into force for the first time pursuant to Section 2, Paragraph 43.
(3) This Agreement shall be concluded for a fixed term expiring at on the end of the five-year peri- od starting at the beginning of the Controlled Company's financial year for which the obliga- tion to transfer profits enters into force for the first time pursuant to Section 2, Paragraph 4 and at least until day on 31 December 2014De- cember 2013. If the Controlled Company introduces a financial year deviating from the calendar cal- endar year, the term of this Agreement shall be extended until the end of the financial year underway during the expiry of the fixed term set forth in Sentence 1. If the beginning of the profit transfer period is postponed in accordance with Section 2, Paragraph 3, the term set forth in Sentence 1 shall be extended accordingly. This Agreement shall be extended for one year at a time unless it is terminated by a con- tracting contracting party no later than six months before its expiry.
(4) The right to terminate for good reason shall not be affected by this. The Controlling Compa- ny shall be entitled in particular to terminate this Agreement for good reason if it ceases to hold a majority interest in the Controlled Company or if it has assumed an obligation to xxxxx- xxxxx said its majority interest. Such termination may be effected without notice or at the end of the Controlled Company’s financial year of the Controlled Company underway during the sale or transfer of the ma- jority majority interest.
Appears in 1 contract
Samples: Profit and Loss Pooling Agreement