Other Corporate Actions. Where, in respect of any Hypothecated Securities, any rights relating to conversion, sub-division, consolidation, pre-emption, rights arising under a takeover offer, rights to receive securities or a certificate which may at a future date be exchanged for securities or other rights, including those requiring election by the record holder of such securities at the time of the relevant election, become exercisable prior to the redelivery of Equivalent Securities, then Customer may, within a reasonable time before the latest time for the exercise of the right or option give written notice to BNPP NY that on redelivery of Equivalent Securities, it wishes to receive Equivalent Securities in such form as will arise if the right is exercised or, in the case of a right which may be exercised in more than one manner, is exercised as is specified in such written notice, and BNPP NY shall return such Hypothecated Security or an Equivalent Security to the BNP Special Custody Account within a commercially reasonable period (in any event, no later than the standard settlement cycle for such securities).
Other Corporate Actions. Where, in respect of any Hypothecated Securities, any rights relating to conversion, sub-division, consolidation, pre-emption, rights arising under a takeover offer, rights to receive securities or a certificate which may at a future date be exchanged for securities or other rights, including those requiring election by the record holder of such securities at the time of the relevant election, become exercisable prior to the redelivery of Equivalent Securities, then Customer may, within a reasonable time before the latest time for the exercise of the right or option give written notice to BNPP PB that on redelivery of Equivalent Securities, it wishes to receive Equivalent Securities in such form as will arise if the right is exercised or, in the case of a right which may be exercised in more than one manner, is exercised as is specified in such written notice, and BNPP PB shall, to the extent commercially reasonable under the circumstances, return such Hypothecated Security or an Equivalent Security to the Special Custody Account within a commercially reasonable period (in any event, no sooner than the standard settlement cycle for such securities after such request).
Other Corporate Actions. Where, in respect of any Hypothecated Securities, any rights relating to conversion, sub-division, consolidation, pre-emption, rights arising under a takeover offer, rights to receive securities or a certificate which may at a future date be exchanged for securities or other rights, including those requiring election by the record holder of such securities at the time of the relevant election, become exercisable prior to the redelivery of Equivalent Securities, then Customer may, within a reasonable time before the latest time for the exercise of the right or option give written notice to BNPP PB, Inc. that on redelivery of Equivalent Securities, it wishes to receive Equivalent Securities in such form as will arise if the right is exercised or, in the case of a right which may be exercised in more than one manner, is exercised as is specified in such written notice, and BNPP PB, Inc. shall, to the extent commercially reasonable under the circumstances, return such Hypothecated Security or an Equivalent Security to the Special Custody Account within a commercially reasonable period (in any event, no sooner than the standard settlement cycle for such securities).
Other Corporate Actions. In the event of a share being de-listed, the Client’s positon will be closed at the last market price traded.
Other Corporate Actions. On or before the Closing Date, all corporate and other proceedings taken or to be taken in connection with the transactions contemplated hereby and all documents incidental thereto not previously found acceptable by Agent, acting on behalf of Lenders, and its counsel shall be reasonably satisfactory in form and substance to Agent and such counsel, and Agent and such counsel shall have received all such counterpart originals or certified copies of such documents as Agent may reasonably request.
Other Corporate Actions. 23.6.1. As regards any unbundling by the Company of any of its assets, any Partial Offer in respect of which the Company does not direct the Trustees to reject the Partial Offer, any buy back offer by the Company made generally to its shareholders or any other form of corporate action which could result in Scheme Shares being acquired from the Trustees or the Trustees being the owner of additional assets or the Scheme Shares no longer being worth their previous value by reason of distributions, which is not expressly provided for in this Trust Deed:
23.6.1.1. the Trustees shall act in accordance with the Board’s directions (determined in its sole discretion) so as to ensure that:
23.6.1.1.1. the Company’s BEE credentials shall not be adversely impacted; and
23.6.1.1.2. the Corporate Action shall not have the effect of:
23.6.1.1.2.1. undermining any Repurchase Right; and/or
23.6.1.1.2.2. excluding from the ambit of the Repurchase Right, any of the assets covered (directly or indirectly) by the Repurchase Right or assets resulting from the Corporate Action which should be included as part of the Repurchase Right so as to preserve the value of the Repurchase Right, provided that to the extent that any such direction could relieve the Company of any of its obligations in terms of this Trust Deed or constitute the unilateral determination by the Company of the terms or scope of the Repurchase Right, the Trustees shall not implement that direction, but in that regard only, any adjusted terms or scope (by the inclusion as the subject matter of the Repurchase Right of any of the Other Assets) of the Repurchase Right (other than the necessary adjustments to the Repurchase Formula which shall be dealt with in accordance with clause 23.6.1.2), shall not impact upon the fundamental basis of the transactions contemplated in this Trust Deed, and shall be determined by an independent expert agreed by the Company and the Trustees (and failing agreement between them within 48 (forty eight) hours of suggestion by the Company, as determined by the President from time to time of the Law Society of the Northern Provinces (or its successor body)). The independent expert shall act as an expert and not as an arbitrator and his decision shall be final and binding on the Company and the Trustees and shall be implemented instead of such direction by the Board. His costs shall be borne by the Company;
23.6.1.2. after any determination by the independent expert as contemplated in clau...
Other Corporate Actions. 36.2.1. As regards any (i) unbundling by Sasol or the Company, as the case may be, of any of its assets, or (ii) a buy back by Sasol and/or the Company made generally to shareholders, those assets or the proceeds, including cash, of the buy back offer, as the case may be, shall not be released to the relevant Beneficiaries, but the relevant Beneficiaries shall, in substitution, acquire Vested Rights therein and the remaining provisions of this Trust Deed shall apply mutatis mutandis to those assets or proceeds.
36.2.2. As regards any other form of Corporate Action which could result in Plan Assets being acquired from the Trustees, the Trustees shall act in accordance with the Sasol Board's requirements so as to ensure that Sasol's B-BBEE credentials shall not be adversely impacted, provided that to the extent that any such direction could relieve Sasol or the Company of any of its obligations in terms of this Trust Deed the Trustees shall not implement that direction.
Other Corporate Actions. Where, in respect of any Hypothecated Securities, any rights relating to conversion, sub-division, consolidation, pre-emption, rights arising under a takeover offer, rights to receive securities or a certificate which may at a future date be exchanged for securities or other rights, including those requiring election by the record holder of such Securities at the time of the relevant election, become exercisable prior to the redelivery of Equivalent Securities, then Customer may, within a reasonable time before the latest time for the exercise of the right or option give written notice to Counterparty that on redelivery of Equivalent Securities, it wishes to receive Equivalent Securities in such form as will arise if the right is exercised or, in the case of a right which may be exercised in more than one manner, is exercised as is specified in such written notice, and Counterparty shall, to the extent commercially reasonable under the circumstances, return such Hypothecated Security or an Equivalent Security to the Special Custody Account of Customer’s custodian within the normal settlement period for such security (which shall be the lesser of five (5) Business Days or the standard market settlement time in the principal market in which the Hypothecated Securities are traded).
Other Corporate Actions. (a) Nothing contained in the foregoing shall be deemed to prohibit or limit the Lessee from changing its organizational form or status (including a change from a limited liability company to a corporation or limited partnership); provided that such change in organizational form or status does not result in a Change in Control of the Lessee.
(b) Neither (i) a change of ownership that is attributable to a lease, sublease, concession, management agreement, operating agreement or other similar arrangement that is subject and subordinate in all respects to the rights of the Authority under this Agreement, nor (ii) the creation of a trust or any other transaction or arrangement that is solely a transfer of all or part of the Lessee’s economic interest under this Agreement to another entity shall be deemed to be a Transfer of the Lessee Interest for purposes of Section 17.1(a).
Other Corporate Actions. 63 . 5-20. REPLACEMENT OF CERTAIN OBLIGATIONS.......................................................... 64 . 5-21. LOANS....................................................................................... 65 . 5-22. LINE OF BUSINESS............................................................................ 65 . 5-23. PROTECTION OF ASSETS........................................................................ 65 . 5-24. AFFILIATE TRANSACTIONS...................................................................... 66 . 5-25. ADDITIONAL ASSURANCES....................................................................... 66 . 5-26. ADEQUACY OF DISCLOSURE...................................................................... 67 . 5-27. NO RESTRICTIONS ON LIABILITIES.............................................................. 67 . 5-28.
