Common use of Initial Public Offering application Clause in Contracts

Initial Public Offering application. (a) You may request us to subscribe for new issue of Securities on your behalf. We may be required to provide warranty or make representation in respect of such application, including but not limited to the following: (i) that we have due authority to make such application on your behalf; (ii) that no other application is being made for your benefit whether by yourself or by any other person other than the application submitted on your behalf. You hereby expressly authorize us to provide such warranty and representation to the relevant Exchange or issuer of the relevant Securities. You acknowledge that the aforesaid declaration will be relied upon by the issuer of the relevant Securities in deciding whether or not to make any allotment of Securities in response to the application made by us as your agent. (b) You shall familiarize yourself and comply with all the terms and conditions governing the Securities of the new listing and/or issue and the application for such new Securities set out in any prospectus and/or offering document and the application form or any other relevant document in respect of such new listing and/or issue and you agree to be bound by such terms and conditions in any such transaction you may have with us. You hereby further declare and warrant, and authorize us to disclose and warrant to the relevant Exchange on any application form (or otherwise) and to any other person as appropriate, that any such application made by us as your agent is the only application made, and the only application intended to be made, by you or on your behalf, or to benefit you. You acknowledge and accept that the aforesaid declaration and warranty will be relied upon by us and by the issuer, sponsors, underwriters or placing agents of the relevant Securities, the relevant Exchange or any other relevant regulator or person in respect of any application made by us as your agent. (c) You acknowledge that any application made by an unlisted company which does not carry on any business other than dealing in Securities and in respect of which you exercise statutory control shall be deemed to be an application made for your benefit. (d) You recognize and understand that the legal, regulatory requirements and market practice in respect of applications for Securities may vary from time to time as may the requirements of any particular new listing or issue of Securities. You undertake to provide to us such information and take such additional steps and make such additional representations, warranties and undertakings as may be required in accordance with such legal, regulatory requirements and market practice as we may in our sole discretion determine from time to time. (e) In relation to a bulk application to be made by us or our Agents on our own account and/or on your behalf and/or our other clients, you acknowledge and agree: (i) that such bulk application may be rejected for reasons which are unrelated to you and your application and neither us nor our Agents shall, in the absence of fraud, gross negligence or willful default, be liable to you or any other person in consequence of such rejection; (ii) to indemnify us in accordance with Clause 32.4 if such bulk application is rejected either in circumstances where the representations and warranties have been breached or otherwise because of factors relating to you. You acknowledge that you may also be liable in damages to other persons affected by such breach or other factors; and (iii) notwithstanding other provisions contained herein, in the event that the bulk application is only partially filled, you agree that we are entitled to distribute the Securities allotted in our sole discretion, including distributing the Securities equally between all clients under the bulk application and you shall not have any claim to the Securities or claim of priority to another client in relation to the application.

Initial Public Offering application. (a) You I/We may request us you to subscribe for new issue of Securities on your behalfmy/our behalf and for my/our account. I am/We may be are required to provide warranty or certain warranties and make representation certain representations in respect of such application, including but not limited to the following: (ia) that we you have due authority to make such application on your my/our behalf; (iib) that no other application is being made for your my/our benefit whether by yourself myself/ourselves or by any other person other than the application you submitted on your my/our behalf. You I/We hereby expressly authorize us you to provide such warranty and representation to the relevant Exchange exchange or issuer of the relevant Securities. You I/We acknowledge that the aforesaid declaration will be relied upon by the issuer of the relevant Securities in deciding whether or not to make any allotment of Securities in response to the application made by us you as your my/our agent. (b) You shall . I/We will familiarize yourself myself/ourselves with the prospectus or offering document in connection with the application and comply with all the terms and conditions governing the Securities of the new listing and/or issue and the application for such new Securities set out in any prospectus and/or offering document and the application form or any other relevant document in respect of such new listing and/or issue and you agree to be bound by such terms and conditions in any such transaction you may have with us. You hereby further declare and warrant, and authorize us to disclose and warrant applicable to the relevant Exchange on any application form (or otherwise) and to any other person as appropriate, that any such application made by us as your agent is the only application made, and the only application intended to be made, by you or on your behalf, or to benefit youapplication. You acknowledge and accept that the aforesaid declaration and warranty I/We will be relied upon by us and by the issuer, sponsors, underwriters or placing agents of the relevant Securities, the relevant Exchange or any other relevant regulator or person in respect of any application made by us as your agent. (c) You acknowledge that any application made by an unlisted company which does not carry on any business other than dealing in Securities and in respect of which you exercise statutory control shall be deemed to be have provided all the representations, warranties and undertakings to you which an application made applicant for your benefit. (d) You the relevant new issue is required to give to any party concerned in the new issue. I/We recognize and understand that the legal, regulatory requirements and market practice in respect of applications for Securities securities may vary from time to time as may well as the requirements of any particular new listing or issue of Securitiessecurities. You I/We undertake to provide to us you such information and take such additional steps and make such additional representations, warranties and undertakings as may be required in accordance with such legal, regulatory requirements and market practice as we you may in our sole your absolute discretion determine from time to time. (e) In relation to I/ We understand that my/our application may be included in a bulk application to be made by us you or our Agents on our own account and/or on your behalf and/or our other clients, you agent. I/We acknowledge and agree: (i) that such the bulk application may be rejected for reasons which are unrelated not related to you and your me/us or my/our application and neither us you nor our Agents shall, in the absence of fraud, gross negligence or willful default, your agent will be liable to you or any other person in consequence of me/us for such rejection; (ii) to . I/We will indemnify us in accordance with Clause 32.4 if such bulk application is rejected either in circumstances where the you for any breach of representations and warranties given or deemed to have been breached or otherwise because of factors relating to you. You acknowledge that you may also be liable given by me/us in damages to other persons affected by connection with such breach or other factors; and (iii) notwithstanding other provisions contained herein, in the event that the bulk application is only partially filled, you agree that we are entitled to distribute the Securities allotted in our sole discretion, including distributing the Securities equally between all clients under the bulk application and you shall not have any claim to the Securities or claim of priority to another client in relation to the application.