Common use of Forfeiture of Shares Clause in Contracts

Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20[ ], in respect of the [number and class] share(s) standing in your name in the Register of Members of the Company, on the [ ] day of [ ], 20[ ], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ ] per annum computed from the said [ ] day of [ ], 20[ ] at the Registered Office of the Company the share(s) will be liable to be forfeited. Dated this [ ] day of [ ], 20[ ] _______________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. 7.3 A Member whose share or shares have been so forfeited shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture together with all interest due thereon and any costs and expenses incurred by the Company in connection therewith.

Appears in 2 contracts

Samples: Share Exchange Agreement (VimpelCom Ltd.), Share Exchange Agreement (VimpelCom Ltd.)

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Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. Notice of Liability to Forfeiture for Non-Payment of Call - (the "Company") You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20200[ ], in respect of the [number and classnumber] share(s) [number in figures] standing in your name in the Register of Members of the Company, on the [ ] day of [ ], 20200[ ], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ ] per annum computed from the said [ ] day of [ ], 20200[ ] at the Registered Office [registered office/place of business] of the Company the share(s) will be liable to be forfeited. Dated this [ ] day of [ ], 20200[ ] _______________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. 7.3 A Member whose share or shares have been so forfeited as aforesaid shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture together with and all interest due thereon and any costs and expenses incurred by the Company in connection therewiththereon.

Appears in 2 contracts

Samples: Shareholders Agreement (China Netcom Group CORP (Hong Kong) LTD), Shareholders Agreement (China Netcom Group CORP (Hong Kong) LTD)

Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward to such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20[ ], in respect of the [number and class] share(s) standing in your name in the Register of Members of the Company, on the [ ] day of [ ], 20[ ], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ ] per annum computed from the said [ ] day of [ ], 20[ ] at the Registered Office of the Company the share(s) will be liable to be forfeited. Dated this [ ] day of [ ], 20[ ] _______________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. 7.3 A Member whose share or shares have been so forfeited shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture together with all interest due thereon and any costs and expenses incurred by the Company in connection therewith. 7.4 The Supervisory Board may accept the surrender of any shares which it is in a position to forfeit on such terms and conditions as may be agreed. Subject to those terms and conditions, a surrendered share shall be treated as if it had been forfeited.

Appears in 2 contracts

Samples: Share Exchange Agreement (VimpelCom Ltd.), Share Exchange Agreement (VimpelCom Ltd.)

Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. Notice of Liability to Forfeiture for Non-Payment of Call Enstar Group Limited (the "Company") You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20[ ], in respect of the [number and classnumber] share(s) [number in figures] standing in your name in the Register of Members of the ENSTAR GROUP LIMITED Page 13 Company, on the [ ] day of [ ], 20[ ], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ ] per annum computed from the said [ ] day of [ ], 20[ ] at the Registered Office registered office of the Company the share(s) will be liable to be forfeited. Dated this [ ] day of [ ], 20[ ] _______________________________________ ------------------------------------------------ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. 7.3 A Member whose share or shares have been so forfeited as aforesaid shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture together with and all interest due thereon thereon. 7.4 The Board may accept the surrender of any shares which it is in a position to forfeit on such terms and any costs conditions as may be agreed. Subject to those terms and expenses incurred by the Company in connection therewithconditions, a surrendered share shall be treated as if it had been forfeited.

Appears in 1 contract

Samples: Recapitalization Agreement (Enstar Group Inc)

Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20200[ ], in respect of the [number and classnumber] share(s) [number in figures] standing in your name in the Register of Members of the Company, on the [ ] day of [ ], 20200[ ], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ ] per annum computed from the said [ ] day of [ ], 20200[ ] at the Registered Office registered office of the Company the share(s) will be liable to be forfeited. Dated this [ ] day of [ ], 20200[ ] _______________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. Without limiting the generality of the foregoing, the disposal may take place by sale, repurchase, redemption or any other method of disposal permitted by and consistent with these Bye-laws, the Shareholders’ Agreement and the Act. 7.3 A Member whose share or shares have been so forfeited as aforesaid shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture together with and all interest due thereon thereon. 7.4 The Board may accept the surrender of any shares which it is in a position to forfeit on such terms and any costs conditions as may be agreed. Subject to those terms and expenses incurred by the Company in connection therewithconditions, a surrendered share shall be treated as if it had been forfeited.

Appears in 1 contract

Samples: Shareholders' Agreement (Travelport LTD)

Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto to such form as circumstances admit, of the following: — Ltd. Notice of Liability to Forfeiture for Non-Payment of Call [Resource Holdings Ltd.] (the "Company" ) You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20[ [date], in respect of the [number and classnumber] share(s) [number in figures] standing in your name in the Register of Members of the Company, on the [ ] day of [ ], 20[ [date], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ [•] per annum computed from the said [ ] day of [ ], 20[ [date] at the Registered Office registered office of the Company the share(s) will be liable to be forfeited. Dated this [ [date] day of [ ], 20[ ] ______________________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. Without limiting the generality of the foregoing, the disposal may take place by sale, repurchase, redemption or any other method of disposal permitted by and consistent with these Bye-laws and the Companies Act. 7.3 A Member whose share or shares have been so forfeited shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture forfeiture, together with all interest due thereon on such share or shares and any costs and expenses incurred by the Company in connection therewithwith such share or shares. 7.4 The Board may accept the surrender of any shares which it is in a position to forfeit on such terms and conditions as may be agreed. Subject to those terms and conditions, a surrendered share shall be treated as if it had been forfeited.

Appears in 1 contract

Samples: Arrangement Agreement (Till Capital Ltd.)

Forfeiture of Shares. 7.1 If Notwithstanding any Member fails provision of this Agreement or the Plan to paythe contrary, on if you are discharged from the day appointed employment of the Company or any of its Subsidiaries for payment thereofCause (as defined below), your rights in your RSUs whether vested or unvested and your right to receive any call undistributed Shares will be immediately and permanently forfeited. For purposes of this Agreement, your discharge will be deemed to be “for Cause” only if you have (i) engaged in respect of any share allotted to willful and intentional misconduct or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing gross negligence in the formperformance of, or as near thereto as circumstances admitwillful neglect of, of the following: — Ltd. You have failed your duties, which has caused material injury (monetary or otherwise) to pay the call of [amount of call] made on the [ ] day of [ ], 20[ ], in respect of the [number and class] share(s) standing in your name in the Register of Members of the Company, on or (ii) willfully and without authorization disclosed Confidential Information (as defined below) that resulted in or could reasonably result in material harm to the [ ] day Company or any Subsidiary, or (iii) been convicted of [ ]a felony, 20[ ]or (iv) violated the Company’s Code of Ethics. The determination of whether you have been discharged for Cause will be determined by the Board or the Committee. For purposes of this Agreement, “Confidential Information” shall mean all business records, trade secrets, know-how, customer lists or compilations, terms of customer agreements, sources of supply, pricing or cost information, financial information or personnel data and other confidential or proprietary information used and/or obtained by you in the day appointed for payment course of such call. You are hereby notified your employment with the Company or any Subsidiary; provided that unless the term “Confidential Information” will not include information which (i) is or becomes publicly available other than as a result of a disclosure by you pay such call together with interest thereon at which is prohibited by this agreement or by any other legal, contractual or fiduciary obligation that you may owe to the rate Company or any Subsidiary, or (ii) is widely known within one or more of [ ] per annum computed from the said [ ] day of [ ]industries in which the Company or any Subsidiary operates, 20[ ] at the Registered Office or you can demonstrate was otherwise known to you prior to becoming an employee of the Company or any Subsidiary, or (iii) is or becomes available to you on a nonconfidential basis from a source (other than the share(sCompany or any Subsidiary, including any employee thereof) will be liable that is not prohibited from disclosing such information to be forfeited. Dated this [ ] day of [ ], 20[ ] _______________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited you by a resolution of the Supervisory Board to that effectlegal, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. 7.3 A Member whose share contractual or shares have been so forfeited shall, notwithstanding such forfeiture, be liable to pay fiduciary obligation to the Company all calls owing on such share or shares at the time of the forfeiture together with all interest due thereon and any costs and expenses incurred by the Company in connection therewithSubsidiary.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Dean Foods Co)

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Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. Notice of Liability to Forfeiture for Non-Payment of Call Xinhua Finance Media Limited (the "Company") You have failed to pay the call of [amount of call] made on the [ [_____] day of [ [__________], 20[ 200[_], in respect of the [number and classnumber] share(s) [number in figures] standing in your name in the Register of Members of the Company, on the [ [_____] day of [ [__________], 20[ 200[_], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ [_____] per annum computed from the said [ [_____] day of [ [__________], 20[ 200[_] at the Registered Office registered office of the Company the share(s) will be liable to be forfeited. Dated this [ [_____] day of [ ], 20[ ] [__________], 200[_____________________________ ] ---------------------------------------------- [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine.. Without limiting the generality of the foregoing, the disposal may take place by sale, repurchase, redemption or any other method of disposal permitted by and consistent with these Articles and the Law. Exhibit 7.3 A Member whose share or shares have been so forfeited as aforesaid shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture together with and all interest due thereon thereon. 7.4 The Board may accept the surrender of any shares which it is in a position to forfeit on such terms and any costs conditions as may be agreed. Subject to those terms and expenses incurred by the Company in connection therewithconditions, a surrendered share shall be treated as if it had been forfeited.

Appears in 1 contract

Samples: Share Purchase Agreement (Xinhua Finance Media LTD)

Forfeiture of Shares. 7.1 7.1. If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. Notice of Liability to Forfeiture for Non-Payment of Call Xxxxxxxx.xxx Limited (the “Company”) You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20[ [date], in respect of the [number] [number and classin figures] [name of class of share(s) )] standing in your name in the Register of Members of the Company, on the [ ] day of [ ], 20[ [date], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ ] per annum computed from the said [ ] day of [ ], 20[ [date] at the Registered Office registered office of the Company the share(s) will be liable to be forfeited. Dated this [ [date] day of [ ], 20[ ] _______________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 7.2. If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. Without limiting the generality of the foregoing, the disposal may take place by sale, repurchase, redemption or any other method of disposal permitted by and consistent with these Articles and the Law. 7.3 7.3. A Member whose share or shares have been so forfeited shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture forfeiture, together with all interest due thereon and any costs and expenses incurred by the Company in connection therewith. 7.4. The Board may accept the surrender of any shares which it is in a position to forfeit on such terms and conditions as may be agreed. Subject to those terms and conditions, a surrendered share shall be treated as if it had been forfeited.

Appears in 1 contract

Samples: Plan of Merger (Changyou.com LTD)

Forfeiture of Shares. 7.1 If any Member fails to pay, on the day appointed for payment thereof, any call in respect of any share allotted to or held by such Member, the Supervisory Board may, at any time thereafter during such time as the call remains unpaid, direct the Secretary to forward such Member a notice in writing in the form, or as near thereto as circumstances admit, of the following: — Ltd. You have failed to pay the call of [amount of call] made on the [ ] day of [ ], 20[ ], in respect of the [number and classnumber] share(s) [number in figures] standing in your name in the Register of Members of the Company, on the [ ] day of [ ], 20[ ], the day appointed for payment of such call. You are hereby notified that unless you pay such call together with interest thereon at the rate of [ ] per annum computed from the said [ ] day of [ ], 20[ ] at the Registered Office registered office of the Company the share(s) will be liable to be forfeited. Dated this [ ] day of [ ], 20[ ] _______________________________________ [Signature of Secretary] By Order of the Supervisory Board 7.2 If the requirements of such notice are not complied with, any such share may at any time thereafter before the payment of such call and the interest due in respect thereof be forfeited by a resolution of the Supervisory Board to that effect, and such share shall thereupon become the property of the Company and may be disposed of as the Supervisory Board shall determine. Without limiting the generality of the foregoing, the disposal may take place by sale, repurchase, redemption or any other method of disposal permitted by and consistent with these Articles and the Law. 7.3 A Member whose share or shares have been so forfeited as aforesaid shall, notwithstanding such forfeiture, be liable to pay to the Company all calls owing on such share or shares at the time of the forfeiture together with and all interest due thereon thereon. 7.4 The Board may accept the surrender of any shares which it is in a position to forfeit on such terms and any costs conditions as may be agreed. Subject to those terms and expenses incurred by the Company in connection therewithconditions, a surrendered share shall be treated as if it had been forfeited.

Appears in 1 contract

Samples: Series a 1 Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD)

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