Common use of Preemptive Subscription Rights Clause in Contracts

Preemptive Subscription Rights. Except as otherwise provided in the Articles of Incorporation, each Shareholder shall at all times have the preemptive right to subscribe for and purchase a pro rata portion (equal to such Shareholder’s then current Shareholding) of any additional Shares or Share Equivalents newly issued by the Company at a price determined by the Board. Subject to Section 4.1, a Shareholder may exercise its preemptive right under this Section 4.2 in whole or in part.

Appears in 2 contracts

Samples: Joint Venture Agreement, Joint Venture Agreement (Memc Electronic Materials Inc)

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Preemptive Subscription Rights. Except as otherwise may be provided in the Articles of Incorporationthis Agreement, each Shareholder shall at all times will have the preemptive right (subject to the Shareholders’ obligations to make capital contributions pursuant to Section 6.1) to subscribe for and purchase a up to its pro rata portion (equal to such Shareholder’s then current ShareholdingOwnership Percentage) of any additional Shares or Share Equivalents newly issued by the Company at a price determined by the Board. Subject Fair Market Value to Section 4.1, a enable such Shareholder may exercise to maintain its preemptive right under this Section 4.2 in whole or in partOwnership Percentage.

Appears in 2 contracts

Samples: License Agreement (Hutchison China MediTech LTD), License Agreement (Hutchison China MediTech LTD)

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