Common use of Modification of Rights of Conversion etc Clause in Contracts

Modification of Rights of Conversion etc. If and whenever there shall be any modification of the rights of conversion, exchange, subscription or redesignation attaching to any such securities as are mentioned in sub-paragraph (vii) above (other than the Bonds and any adjustment of the conversion price in accordance with the terms applicable to such securities) so that following such modification the consideration per Share receivable by the Company in respect of such conversion, exchange, subscription or redesignation is less than 80% of the Current Market Price per Share on the dealing day immediately preceding the date of announcement of the proposal for such modification, the Conversion Price shall be adjusted by multiplying the Conversion Price in force immediately prior to such modification by the following fraction: A + B A + C where : A is the number of Shares in issue immediately before such modification; B is the number of Shares which the aggregate consideration (if any) receivable by the Company for the Shares to be issued, or otherwise made available, upon conversion, exchange or redesignation or upon exercise of the right of subscription attached to the securities so modified would purchase at such Current Market Price per Share, or the existing conversion, exchange, subscription or redesignation price of such securities; and C is the maximum number of Shares to be issued, or otherwise made available, upon conversion, exchange or redesignation of such securities or upon the exercise of such rights of subscription attached thereto at the modified conversion, exchange, redesignation or subscription price or rate but giving credit in such manner as the Approved Investment Bank or the Auditors shall, acting as an expert, consider in good faith to be appropriate (if at all) for any previous adjustment under this sub-paragraph or sub-paragraph (vii) above. Such adjustment shall become effective on the date of modification of the rights of conversion, exchange, subscription or redesignation attaching to such securities.

Modification of Rights of Conversion etc. If and whenever there shall be any modification of the rights of conversion, exchange, exchange or subscription or redesignation attaching to any such securities as are mentioned in sub-paragraph Condition 5.5.2(d) (viiOther Issues at less than Current Market Price) above (other than the Bonds and any adjustment of the conversion price in accordance with the terms (including terms as to adjustment) applicable to such securitiessecurities upon issue) so that following such modification the consideration per Share receivable by (for the Company in respect number of such Shares available on conversion, exchange, exchange or subscription or redesignation following the modification) is less than 8095% of the Current Market Price per Share on the dealing day immediately preceding the date of announcement of the proposal proposals for such modification, the Conversion Price shall be adjusted by multiplying the Conversion Price in force immediately prior to before such modification by the following fraction: A + B A + C where where: A is the aggregate number of Shares in issue immediately before such modification; B is the number of Shares which the aggregate consideration (if any) receivable by the Company Issuer for the Shares to be issued, or otherwise made available, upon conversion, on conversion or exchange or redesignation or upon on exercise of the right of subscription attached to the securities securities, so modified modified, would purchase at such Current Market Price per ShareShare or, or if lower, the existing conversion, exchange, exchange or subscription or redesignation price of such securities; and C is the maximum number of Shares to be issued, or otherwise made available, upon conversion, on conversion or exchange or redesignation of such securities or upon on the exercise of such rights of subscription attached thereto at the modified conversion, exchange, redesignation exchange or subscription price or rate but giving credit in such manner as the Approved an Independent Investment Bank or the Auditors shall, acting as an expert, consider in good faith to be appropriate (if at all) for any previous adjustment under this sub-paragraph Condition 5.5.2(e) or sub-paragraph Condition 5.5.2(d) (vii) aboveOther Issues at less than Current Market Price). Such adjustment shall become effective on the date of modification of the rights of conversion, exchange, exchange or subscription or redesignation attaching to such securities.

Modification of Rights of Conversion etc. If and whenever there shall be any modification of the rights of conversion, exchange, exchange or subscription or redesignation attaching to any such securities as are mentioned in sub-paragraph (viig) above (other than the Bonds and any adjustment of the conversion price in accordance with the terms applicable to such securities) so that following such modification the consideration per Share receivable by (for the Company in respect number of such Shares available on conversion, exchange, exchange or subscription or redesignation following the modification) is less than 8090% of the Current Market Price per Share on the dealing day last Trading Day immediately preceding the date of announcement of the proposal proposals for such modification or (if there is no such announcement) the date of such modification, the Conversion Price shall be adjusted by multiplying the Conversion Price in force immediately prior to such modification by the following fraction: A + B A + C where where: A is the number of Shares in issue immediately before such modification; B is the number of Shares which the aggregate consideration (if any) receivable by the Company for the Shares to be issuedissued upon conversion or exchange, or otherwise made available, upon conversion, exchange or redesignation or upon exercise of the right of subscription attached to the securities so modified modified, would purchase at such Current Market Price per ShareShare or, or if lower, the existing conversion, exchange, exchange or subscription or redesignation price of such securitiesprice; and C is the maximum number of Shares to be issued, issued upon conversion or otherwise made available, upon conversion, exchange or redesignation of such securities or upon the exercise of such rights of subscription attached thereto at the modified conversion, exchange, redesignation exchange or subscription price or rate but giving credit in such manner as the Auditors or Approved Investment Bank or the Auditors shallFinancial Advisor, acting as an expert, consider in good faith to be considers appropriate (if at all) for any previous adjustment under this sub-paragraph (h). Notwithstanding the foregoing provisions of this Condition 8.1(h), a right of conversion, exchange or sub-paragraph (vii) abovesubscription shall not be treated as modified for the foregoing purpose where it is adjusted to take into account of rights and capitalisation issues and other events normally giving rise to adjustment of the Conversion Price under this Condition 8. Such adjustment shall become effective on the day following the record date of modification of the rights of conversion, exchange, subscription or redesignation attaching to for such securitiesmodification.

Modification of Rights of Conversion etc. If and whenever there shall be any modification of the rights of conversion, exchange, exchange or subscription or redesignation attaching to any such securities as are mentioned in sub-paragraph (viiCondition 6(c)(vii) above (other than the Bonds and any adjustment of the conversion price in accordance with the terms applicable to of such securities) so that following such modification the consideration per Share receivable by (for the Company in respect number of such Shares available on conversion, exchange, exchange or subscription or redesignation following the modification) is less than 80% 95 per cent. of the Current Market Price per Share on the dealing day immediately last Trading Day preceding the date of announcement of the proposal proposals for such modification, the Fixed Conversion Price shall be adjusted by multiplying the Fixed Conversion Price in force immediately prior to before such modification by the following fraction: A + B A + C where Where: A is the number of Shares in issue immediately before such modification; B is the number of Shares which the aggregate consideration (if any) receivable by the Company for the Shares to be issued, or otherwise made available, upon conversion, on conversion or exchange or redesignation or upon on exercise of the right of subscription attached to the securities securities, in each case so modified modified, would purchase at such Current Market Price per ShareShare or, or if lower, the existing conversion, exchange, exchange or subscription or redesignation price of such securities; and C is the maximum number of Shares to be issued, or otherwise made available, upon conversion, on conversion or exchange or redesignation of such securities or upon on the exercise of such rights of subscription attached thereto at the modified conversion, exchange, redesignation exchange or subscription price or rate but giving credit in such manner as the Approved an Independent Investment Bank or the Auditors shall, acting as an expertBank, consider in good faith to be appropriate (if at all) for any previous adjustment under this sub-paragraph Condition 6(c)(viii) or sub-paragraph (vii) aboveCondition 6(c)(vii). Such adjustment shall become effective on the date of modification of the rights of conversion, exchange, exchange or subscription or redesignation attaching to such securities.

Modification of Rights of Conversion etc. If and whenever there shall be is any modification of the rights of conversion, exchange, subscription subscription, purchase or redesignation acquisition attaching to any such securities as are mentioned in sub-paragraph (vii) above (other than the Bonds and any adjustment of the conversion price in accordance with the existing terms applicable to such securities) so that following such modification the consideration per Share receivable by (for the Company in respect number of such Shares available on conversion, exchange, exchange or subscription or redesignation following the modification) is less than 8095% of the Current Market Price per Share on the dealing day immediately last Trading Day preceding the date of announcement of the proposal proposals for such modification, the Conversion Price shall be adjusted by multiplying the Conversion Price in force immediately prior to before such modification by the following fraction: A + B A + C where 9727377-v18\HKGDMS where: A is the number of Shares in issue immediately before such modificationmodification (but where the relevant securities carry rights of conversion into, or rights of exchange or subscription for, or purchase or acquisition of, Shares which have been issued by the Issuer for the purpose of, or in connection with, such issue, less the number of Shares so issued); B is the number of Shares which the aggregate consideration (if any) receivable by the Company Issuer for the Shares to be issued, or otherwise made available, upon conversion, on conversion or exchange or redesignation or upon on exercise of the right of subscription subscription, purchase or acquisition attached to the securities so modified would purchase at such Current Market Price per ShareShare or, or if lower, the existing conversion, exchange, subscription or redesignation purchase price of such securities; and C is the maximum number of Shares to be issued, or otherwise made available, upon conversion, on conversion or exchange or redesignation of such securities or upon on the exercise of such rights of subscription subscription, purchase or acquisition attached thereto at the modified conversion, exchange, redesignation subscription or subscription purchase price or rate but giving credit in such manner as the an Approved Investment Bank or the Auditors shall, Financial Adviser (acting as an expert, consider in good faith to be ) considers appropriate (if at all) for any previous adjustment under this sub-paragraph (viii) or sub-paragraph (vii) above. Such adjustment shall become effective on the date of modification of the rights of conversion, exchange, subscription subscription, purchase or redesignation acquisition attaching to such securities.

Modification of Rights of Conversion etc. If and whenever there shall be any modification of the rights of conversion, exchange, subscription or redesignation attaching to any such securities as are mentioned in sub-sub- paragraph (vii) above (other than the Bonds and any adjustment of the conversion price in accordance with the terms applicable to such securities) so that following such modification the consideration per Share receivable by the Company in respect of such conversion, exchange, subscription or redesignation is less than 80% of the Current Market Price per Share on the dealing day immediately preceding the date of announcement of the proposal for such modification, the Conversion Price shall be adjusted by multiplying the Conversion Price in force immediately prior to such modification by the following fraction: A + B A + C where : A is the number of Shares in issue immediately before such modification; B is the number of Shares which the aggregate consideration (if any) receivable by the Company for the Shares to be issued, or otherwise made available, upon conversion, exchange or redesignation or upon exercise of the right of subscription attached to the securities so modified would purchase at such Current Market Price per Share, or the existing conversion, exchange, subscription or redesignation price of such securities; and C is the maximum number of Shares to be issued, or otherwise made available, upon conversion, exchange or redesignation of such securities or upon the exercise of such rights of subscription attached thereto at the modified conversion, exchange, redesignation or subscription price or rate but giving credit in such manner as the Approved Investment Bank or the Auditors shall, acting as an expert, consider in good faith to be appropriate (if at all) for any previous adjustment under this sub-paragraph or sub-paragraph (vii) above. Such adjustment shall become effective on the date of modification of the rights of conversion, exchange, subscription or redesignation attaching to such securities.