Issue of the Bonds. On behalf of the Lenders the Trustee hereby consents to the issue of the Bonds at any time after the date hereof PROVIDED THAT any claims of the holders of the Bonds against the Guarantor will not rank prior to the claims of all other unsecured creditors of the Guarantor and in particular the Lenders (other than claims of such creditors to the extent that they are statutorily preferred).
Issue of the Bonds. At 3:00 pm (Hong Kong time) (or such other time as may be agreed by the Managers and the Issuer) on the Closing Date, the Issuer will issue the Bonds and procure the entry in the register of Bondholders of the names of the persons designated by the Managers to be the holders of the Bonds and will deliver to the Managers or its order in such place as the Managers may require the Global Certificate duly executed and authenticated representing the aggregate principal amount of the Bonds. Delivery of the Global Certificate and completion of the register of Bondholders shall constitute the issue and delivery of the Bonds; and
Issue of the Bonds. At 3:00 pm (Hong Kong time) (or such other time as may be agreed by the Subscriber and the Issuer) on the Closing Date, the Issuer will issue the Subscription Bonds and procure the entry in the register of Bondholders of the name of [The Bank of New York Mellon Depository (Nominees) Limited] to be the holders of the Bonds and will deliver to the order of the Subscriber in such place as the Subscriber may require the Global Certificate duly amended and authenticated representing the aggregate principal amount of the Bonds and the Subscription Bonds. Delivery of the amended Global Certificate and completion of the register of Bondholders shall constitute the issue and delivery of the Subscription Bonds; and
Issue of the Bonds. Subject to Clause 6.2 (Payment) below, on or before 4:00 pm GMT (or such other time as may be agreed by the Issuer and the Investor) on the Closing Date, the Issuer will issue the Bonds and procure the entry in the Register of Bondholders of the name of the Investor as Bondholder, each of which the Parties acknowledge and agree that such entry shall be evidenced by a PDF copy of the Register of Bondholders provided by the Registrar (as defined in the Tranche A Convertible Bond Instrument) (or if the Registrar is not yet appointed on the Closing Date, the Issuer), and subsequently the Bonds will be electronically registered with Nasdaq CSD Iceland and listed on Nasdaq Iceland First North Growth Market. Completion of the entries in the Register of Bondholders pursuant to this Clause 6.1 shall constitute the issue and delivery of the Bonds; provided, however, that if Closing does not occur for any reason whatsoever including but not limited to non-satisfaction of the conditions set forth in Clause 5 (Conditions Precedent), the Bonds shall be deemed not to have been issued, and any entries in the Register of Bondholders relating to the Bonds offered hereby shall be deemed void.
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Issue of the Bonds. Subject to and in accordance with the provisions of this Agreement, the Bonds will be issued on the Closing Date, in accordance with this Agreement and the Trust Deed.
Issue of the Bonds. 2.1 The Issuer shall upon its execution of this Instrument issue the Bonds for subscription by the Subscribers in accordance with the terms of the Subscription Agreement and this Instrument.
2.2 The Bonds are governed by this Instrument and the Conditions which shall be binding on the Issuer and the Bondholders. The Bondholders shall be entitled to enforce the obligations of the Issuer under the Bonds and the Conditions as if the same were set out and contained in this Instrument which shall be read and construed as one document with the Bonds.
Issue of the Bonds. 2.1 The obligations of the Issuer to issue, and of the Investor to subscribe for, the Bonds are conditional upon the fulfilment of the following Conditions Precedent:
(a) the Issuer and the Manager entering into the Investment Management Agreement containing such principal terms and conditions as set out in Schedule 5 and such other terms as may be reasonably acceptable to the Issuer and the Investor;
(b) the Manager and the Key Personnel entering into the Service Agreements containing such principal terms and conditions as set out in Schedule 6 and such other terms as may be reasonably acceptable to the Issuer and the Investor;
(c) the Investor having obtained a legal opinion of Campbells or another qualified Cayman Islands law firm covering matters in respect of the Issuer, this Agreement, the issue of the Bonds subject to the Conditions and allotment of the Conversion Shares under the laws of the Cayman Islands in such form and substance to the Issuer’s and the Investor’s reasonable satisfaction; and
(d) the Issuer having obtained a legal opinion of a law firm reasonably satisfactory to the Issuer covering matters in respect of the due incorporation of the Investor and the legality and enforceability of this Agreement against the Investor under the laws of the place of incorporation in such form and substance to the Issuer’s reasonable satisfaction.
2.2 The Parties will use their respective reasonable commercial endeavours to procure the fulfilment of all the Conditions Precedent set out in Clause 2.1 as soon as practicable, and in any event, on or before the Conditions Precedent Date and the Investor will review and give its comments promptly on the Investment Management Agreement, the Service Agreements and the legal opinion referred to above. If the Conditions Precedent are not fulfilled in all respects or (in respect of the Conditions Precedent set out in Clauses 2.1(a),
Issue of the Bonds. 2.1 Against payment of the purchase price, as specified below, the Company will issue up to $150,000,000 (one hundred and fifty million dollars) in aggregate principal amount of Bonds(as applies from time to time), repayable in one payment on August 1, 2017 (the: “Maturity Date”). In consideration for the Bonds, the buyers of the Bonds will pay the Company the amount of 1 dollar for each 1 dollar of principal of Bonds. Each buyer shall pay the purchase price in dollars or in new shekels, in an amount equivalent to the aggregate principal amount of the Bonds for which each buyer of Bonds will apply, multiplied by the Known Rate as prevailing at the end of the business day of the Date of Issue.
2.2 Principal of the Bonds will bear interest at a fixed rate of 7% per annum, payable semi-annually on the first business day following the end of each Interest Period in relation to the Interest Period preceding the date of payment — that is to say on February 1 and on August 1 in each of the years 2011 until 2017 (inclusive), except the payment for the First Interest Period which will be paid on February 1, 2011. The last payment in respect of interest will be paid on August 1, 2017, together with repayment of the principal amount of the Bonds and against surrender of the Bonds Certificate to the Company or to its nominee.
2.3 Repayment of the Principal of and interest of the Bonds will be made to the bond holders in new shekels, according to the Known Rate at the time of each payment.
2.4 The Bonds will not be listed for trading, but will be recorded in the Tel-Aviv Stock Exchange’s register of securities which are not listed on the Tel-Aviv Stock Exchange for trading, within sixty days from the date of issue, and subject to the approval of the Tel-Aviv Stock Exchange of such recordation. Registration such recordation shall not affect any of the obligations imposed on the Bond Holders, and any transfer of Bonds shall be subject to the provisions of Clause 28 below. The Company shall bear the expenses involved in such recordation.
2.5 The Bonds are only being issued to and are intended for Israeli institutional investors, as such term is defined in the First Schedule to the Securities Law, and they are not being offered and are not intended for offerees who are residents or citizens of the United States (for further details regarding restrictions on transfer of the Bonds, see Clause 28 below).
2.6 A deduction shall be made from each payment that will be paid by the...
Issue of the Bonds. 2.1 Subject to completion of the Acquisitions, the Issuer undertakes to the Purchaser to promptly (but in any event not more than five (5) business days) after the Closing Date issue the Bonds subject to and in accordance with this Agreement and the Deed of Issue.
2.2 Subject to completion of the Acquisitions, the Purchaser undertakes to the Issuer that, subject to and in accordance with this Agreement, it will subscribe for and purchase the Bonds at the Issue Price promptly (but in any event not more than five (5) business days) after the Closing Date.
