Investor Protection. 20.15.1 Every HK Exchange contract shall be subject to the charge of a compensation fund levy and a levy pursuant to the Securities and Futures Ordinance, the cost of both of which shall be borne by the Client.
20.15.2 If Client suffers pecuniary loss by reason of SHKCOM’s default, the liability of the Investor Compensation Fund will be restricted to valid claims as provided for in the Securities and Futures Ordinance and the relevant subsidiary legislation and will be subject to the monetary limits specified in the Securities and Futures (Investor Compensation – Compensation Limits) Rules and accordingly there can be no assurance that any pecuniary loss sustained by reason of such a default will necessarily be recouped from the Investor Compensation Fund in full, in part or at all.
Investor Protection. The Parties should, as far as possible, ensure that Bond Connect investors are protected by the relevant laws of the place where trading and settlement takes place.
Investor Protection. In connection with any Change of Control or similar transaction under circumstances where any Purchaser or any holder thereof continues to hold a Warrant, the Company shall make, or cause to be made, available to such Purchaser and/or such holder all economic benefits in a manner that treats any Purchaser and/or such holder equitably with respect to all other equity holders of the Company. In this regard, the Company agrees to structure any Change of Control or similar transaction, under circumstances where any Purchaser or any holder thereof continues to hold a Warrant, in order to treat all equity holders, including such Purchaser and/or such holder, in a fair and equitable manner and such transaction structure shall not include disguised purchase price components in the form of payments allocated to covenants not to compete, consulting payments and the like, except for employment agreements or similar agreements providing for reasonable “arms length” levels of compensation to such equity holder in return for future services to be rendered to the acquirer subsequent to a Change of Control.
Investor Protection. SFA's role is to help protect investors, both private and professional, from financial loss caused by members' insolvency, failure to meet adequate standards of competence, or deliberate ...
Investor Protection. 24.1 GMI does not undertake any obligation to provide individual advice, information or recommendation in respect of financial products not regulated by any applicable law.
24.2 The Institutional Client should address any complaints about the services provided under this Agreement in writing to GMI Compliance at the address at the beginning of this Agreement. A copy of GMI’s complaint handling policy is available upon request.
Investor Protection. 5.1 All parties confirmed that 2020, 2021 and 2022 after the signing of this Agreement are the "VAM period" mentioned in this Agreement.
5.2 The actual control person of the target company promises that the total net profit after deducting non-recurring profit and loss of the year "2020", "2021" and "2022" of CSFCTECH Technology and UC71 after audit shall not be less than the following indicators: (1) not less than XXX 00 million in 2020; (2) not less than XXX 00 million in 2021; (3) not less than XXX 00 million in 2022.
5.3 All share consideration acquired by transferor 1 and transferor 2 under Article 4 of this Agreement shall be locked and unlocked in accordance with the following conditions and time:
(1) If the audited financial indicators of CSFCTECH Technology and UC71 in 2020 conform to Article 5.2 of this Agreement, the first part of the share consideration that transferor 1 and transferor 2 obtained shall be unlocked on the date of disclosure of the annual report of the transferee in 2020, and the exercise shall be completed in three years (40% in 2021, 30% in 2022 and 30% in 2023);
(2) If the audited financial indicators of CSFCTECH Technology and UC71 in 2021 conform to Article 5.2 of this Agreement, the second part of the share consideration that transferor 1 and transferor 2 obtained shall be unlocked on the date of disclosure of the annual report of the transferee in 2021, and the exercise shall be completed in three years (40% in 2022, 30% in 2023 and 30% in 2024);
(3) If the audited financial indicators of CSFCTECH Technology and UC71 in 2022 conform to Article 5.2 of this Agreement, the third part of the share consideration that transferor 1 and transferor 2 obtained shall be unlocked on the date of disclosure of the annual report of the transferee in 2022, and the exercise shall be completed in two years (40% in 2023, 60% in 2024);
Investor Protection. 6.1 Trading in A-share do not enjoy the protection afforded by the Investor Compensation Fund established under the Securities and Futures Ordinance. Accordingly, unlike the trading of SEHK listed securities, the Client will not be covered by the Investor Compensation Fund in respect of any loss the Client may sustain by reason of a default by persons licensed by or registered with the Securities and Futures Commission of Hong Kong.
6.2 As the A-share are not listed or traded on the SEHK, the Client will not have protection under the Securities and Futures (Client Securities) Rules, unless otherwise specified by an Authority. As a result, the Client engaging in Northbound Trading under Shanghai-Hong Kong Stock Connect do not have protection under the SFO and related subsidiary legislation.
6.3 ChinaClear has established a risk management framework and measures that are approved and supervised by the China Securities Regulatory Commission (“CSRC”). If ChinaClear (as the host central counterparty) defaults, HKSCC may (but shall have no obligation) to take any legal action or court proceeding to seek recovery of the outstanding A-share and monies from ChinaClear through available legal channels and through ChinaClear’s liquidation process, if applicable. As ChinaClear does not contribute to the HKSCC guarantee fund, HKSCC will not use the HKSCC guarantee fund to cover any residual loss as a result of closing out any of ChinaClear's positions. HKSCC will in turn distribute the A-share and/or monies recovered to clearing participants on a pro-rata basis as prescribed by the relevant Authorities. SINO, in turn, will only be distributing the A-share and/or monies to the extent recovered directly or indirectly from HKSCC. Although the likelihood of a default by ChinaClear is considered to be remote, investors should be aware of This arrangement and of This potential exposure before engaging in Northbound Trading.
Investor Protection. 4.1 Newco hereby agrees with and undertakes to the Investors that:
4.1.1 it shall procure that each of its subsidiaries shall, to the extent that it has profits available for distribution and so far as lawful, declare and pay to Newco such dividends as are necessary and it shall take or procure that all other reasonable steps (which may include an application to the court for a reduction of capital in respect of any relevant member of the Group and/or transfer of assets to one or more new subsidiaries of the Newco) are taken in order to ensure that the Newco has sufficient distributable profits to pay all dividends in the amounts and on the dates required by the Articles and to pay all interest on, and repay the outstanding balance of, the Loan Stock in accordance with the provisions of the Loan Stock Instrument; and
4.1.2 it shall not, without the prior consent of the Investors' Agent, declare, make or pay any dividend (other than the dividends payable on the A Ordinary Shares in terms of the Articles).
4.2 Newco shall not (and shall not cause or permit or suffer any subsidiary of it to) without the previous written consent of the Investors' Agent:
4.2.1 dispose of any share in the capital of any of its subsidiaries or alter, increase or reduce the authorised or issued share capital of any subsidiary;
4.2.2 subscribe for or purchase or acquire any share or debenture or mortgage or security (or any interest in any of them);
4.2.3 re-organise or consolidate or sub-divide or convert any of the shares for the time being in the capital of its subsidiaries or vary any of the rights attaching to any of the shares for the time being in the capital of its subsidiaries;
4.2.4 apply by way of capitalisation any sum in or towards paying up any debenture or debenture stock;
4.2.5 (save, in the case of Newco, pursuant to any Employee Share Scheme or Employee Trust established in accordance with the provisions of Clause 12) issue or agree to issue or grant any option or right to subscribe at a future date for (or issue or agree to issue any security carrying a right to be converted at a future date into) any share in its capital or in any subsidiary of it;
4.2.6 (save, in the case of Newco, pursuant to any Employee Share Scheme or Employee Trust established in accordance with the provisions of Clause 12) give any guarantee or indemnity or security (other than in respect of other members of the Group) or permit any such guarantee or indemnity or security to subsist or va...
Investor Protection. 20.15.1 Every HK Exchange contract shall be subject to the charge of a compensation fund levy and a levy pursuant to the Securities and Futures Ordinance, the cost of both of which shall be borne by the Client.
20.15.2 If Client suffers pecuniary loss by reason of GIHKL’s default, the liability of the Investor Compensation Fund will be restricted to valid claims as provided for in the Securities and Futures Ordinance and the relevant subsidiary legislation and will be subject to the monetary
Investor Protection. Trading in A Shares does not enjoy the protection afforded by the Investor Compensation Fund established under the Securities and Futures Ordinance. Accordingly, unlike the trading of SEHK listed securities, clients will not be covered by the Investor Compensation Fund in respect of any loss clients may sustain by reason of a default by persons licensed by or registered with the Securities and Futures Commission of Hong Kong.
