Common use of Purchase of Ordinary Shares Clause in Contracts

Purchase of Ordinary Shares. (a) Each Purchase Contract shall, unless a Termination Event, an Early Settlement or a Merger Early Settlement shall have occurred prior to the Stock Purchase Date, obligate the Holder of the related Unit to purchase, and the Company to sell, on the Stock Purchase Date at a price equal to $25 (the "Purchase Price"), a number of validly issued, fully paid and non-assessable newly issued Ordinary Shares equal to the Settlement Rate or, if we have fixed the Settlement Rate pursuant to Section 5.1(f), the Fixed Accounting Event Settlement Rate. The "Settlement Rate" is equal to, (i) if the Applicable Market Value (as defined below) is equal to or greater than $80.60 (the "Threshold Appreciation Price"), 0.3102 Ordinary Shares per Purchase Contract (the "Minimum Settlement Rate"), (ii) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $65.00 (the "Reference Price"), the number of Ordinary Shares per Purchase Contract equal to the Purchase Price divided by the Applicable Market Value, and (iii) if the Applicable Market Value is equal to or less than the Reference Price, 0.3846 Ordinary Shares per Purchase Contract (the "Maximum Settlement Rate"), in each case subject to adjustment as provided in Section 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). (b) No fractional Ordinary Shares will be issued by the Company with respect to the payment of Contract Adjustment Payments on the Stock Purchase Date. In lieu of fractional shares otherwise issuable with respect to such payment of Contract Adjustment Payments, the Holder will be entitled to receive an amount in cash as provided in Section 5.12.

Purchase of Ordinary Shares. (a) Each Purchase Contract shall, unless a Termination Event, an Early Settlement or a Merger Early Settlement shall have occurred prior to the Stock Purchase Date, obligate the Holder of the related Unit to purchase, and the Company to sell, on the Stock Purchase Date at a price equal to $25 (the "Purchase Price"), a number of validly issued, fully paid and non-assessable newly issued Ordinary Shares equal to the Settlement Rate or, if we have fixed the Settlement Rate pursuant to Section 5.1(f), the Fixed Accounting Event Settlement Rate. The "Settlement Rate" is equal to, (i) if the Applicable Market Value (as defined below) is equal to or greater than $80.60 93.99 (the "Threshold Appreciation Price"), 0.3102 0.2660 Ordinary Shares per Purchase Contract (the "Minimum Settlement Rate")Contract, (ii) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $65.00 75.19 (the "Reference Price"), the number of Ordinary Shares per Purchase Contract equal to the Purchase Price divided by the Applicable Market Value, and (iii) if the Applicable Market Value is equal to or less than the Reference Price$75.19, 0.3846 0.3325 Ordinary Shares per Purchase Contract (the "Maximum Settlement Rate")Contract, in each case subject to adjustment as provided in Section 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). (b) No fractional Ordinary Shares will be issued by the Company with respect to the payment of Contract Adjustment Payments on the Stock Purchase Date. In lieu of fractional shares otherwise issuable with respect to such payment of Contract Adjustment Payments, the Holder will be entitled to receive an amount in cash as provided in Section 5.12.

Purchase of Ordinary Shares. (a) Each Purchase Contract shall, unless a Termination Event, an Early Settlement or a Merger Early Settlement shall have occurred prior to the Stock Purchase Date, obligate the Holder of the related Unit to purchase, and the Company to sell, on the Stock Purchase Date at a price equal to $25 (the "Purchase Price"), a number of validly issued, fully paid and non-assessable newly issued Ordinary Shares equal to the Settlement Rate or, if we have fixed the Settlement Rate pursuant to Section 5.1(f), the Fixed Accounting Event Settlement Rate. The "Settlement Rate" is equal to, (i) if the Applicable Market Value (as defined below) is equal to or greater than $80.60 93.99 (the "Threshold Appreciation Price"), 0.3102 0.2660 Ordinary Shares per Purchase Contract (the "Minimum Settlement Rate")Contract, (ii) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $65.00 75.19 (the "Reference Price"), the number of Ordinary Shares per Purchase Contract equal to the Purchase Price divided by the Applicable Market Value, and (iii) if the Applicable Market Value is equal to or less than the Reference Price, 0.3846 0.3325 Ordinary Shares per Purchase Contract (the "Maximum Settlement Rate")Contract, in each case subject to adjustment as provided in Section 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). (b) No fractional Ordinary Shares will be issued by the Company with respect to the payment of Contract Adjustment Payments on the Stock Purchase Date. In lieu of fractional shares otherwise issuable with respect to such payment of Contract Adjustment Payments, the Holder will be entitled to receive an amount in cash as provided in Section 5.12.

Purchase of Ordinary Shares. (a) Each Purchase Contract shall, unless a Termination Event, an Early Settlement or a Merger Fundamental Change Early Settlement shall have occurred prior to the Stock Purchase Date, obligate the Holder of the related Unit to purchase, and the Company to sell, on the Stock Purchase Date at a price equal to $25 (the "“Purchase Price"”), a number of validly issued, fully paid and non-assessable newly issued Ordinary Shares equal to the Settlement Rate or, if we have fixed the Settlement Rate pursuant to Section 5.1(f), the Fixed Accounting Event Settlement Rate. The "“Settlement Rate" ” is equal to, (i) if the Applicable Market Value (as defined below) is equal to or greater than $80.60 18.88 (the "“Threshold Appreciation Price"”), 0.3102 1.3242 Ordinary Shares per Purchase Contract (the "“Minimum Settlement Rate"”), (ii) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $65.00 16.00 (the "“Reference Price"”), the number of Ordinary Shares per Purchase Contract equal to the Purchase Price divided by the Applicable Market Value, and (iii) if the Applicable Market Value is equal to or less than the Reference Price, 0.3846 1.5625 Ordinary Shares per Purchase Contract (the "“Maximum Settlement Rate"”), in each case subject to adjustment as provided in Section 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). (b) No fractional Ordinary Shares will be issued by the Company with respect to the payment of Contract Adjustment Payments on the Stock Purchase Date. In lieu of fractional shares otherwise issuable with respect to such payment of Contract Adjustment Payments, the Holder will be entitled to receive an amount in cash as provided in Section 5.125.11.

Purchase of Ordinary Shares. (a) Each Purchase Contract shall, unless a Termination Event, an Early Settlement or a Merger Early Settlement shall have occurred prior Subject to the Stock Purchase Date, obligate the Holder satisfaction (or waiver) of the related Unit conditions set forth in Sections 5 and 6 below and the provisions of Sections 1(b) and (c), the Selling Shareholders shall sell to purchasethe Buyers, and the Company Buyers agree to sell, on purchase from the Stock Purchase Date at a price equal to $25 (the "Purchase Price")Selling Shareholders, a number of validly issued, fully paid and non-assessable newly issued Ordinary Shares shares equal to $63,000,000 divided by the Settlement Rate or, if we have fixed higher of the Settlement Rate pursuant Per Share Cash Purchase Price and the HSR Per Share Statutory Value and in the proportions as will be set forth opposite each Selling Shareholder’s name on the Schedule of Selling Shareholders attached as Schedule 1 (rounded to the nearest Share) which shall be agreed by the parties immediately following the completion of the calculations provided for in this Section 5.1(f), the Fixed Accounting Event Settlement Rate1(a) prior to Closing. The "Settlement Rate" is equal to, purchase price per share (ithe “Per Share Cash Purchase Price”) if of the Applicable Market Value Shares at the Closing (as defined below) is equal to or greater than $80.60 shall be determined as follows: (i) if 95.0% of the Weighted Average Price (as defined below) (the "Threshold Appreciation Price")“Net WAP”) is at least US$2.1250 but not more than US$2.5000 per Share, 0.3102 Ordinary Shares the Per Share Cash Purchase Price shall be US$2.5000 per Purchase Contract (the "Minimum Settlement Rate"), Share, (ii) if the Applicable Market Value Net WAP is less at least US$2.5010 but not more than the Threshold Appreciation Price, but is greater than $65.00 (the "Reference Price")US$2.8750, the number of Ordinary Shares per Purchase Contract equal to the Per Share Cash Purchase Price divided by shall be the Applicable Market ValueNet WAP per Share, and (iii) if the Applicable Market Value Net WAP is equal at least US$2.8760 but not more than US$3.2500, the Per Share Cash Purchase Price shall be US$2.8750 per Share. If the Net WAP is below US$2.1250 or above US$3.2500, then the Per Share Cash Purchase Price shall be mutually determined by the Buyers and the Selling Shareholders through good faith negotiations; provided, that in the event the parties hereto are unable to or less than mutually agree on the Reference Price, 0.3846 Ordinary Shares per Per Share Cash Purchase Contract Price within five (5) Trading Days of the "Maximum Settlement Rate"Closing Date originally proposed by the Buyers pursuant to Section 1(c), this Agreement may be terminated by either party in each case subject accordance with Section 9(k). The “HSR Per Share Statutory Value” is the lowest daily closing bid price on the New York Stock Exchange for the Company’s American Depositary Shares (“ADSs”) divided by eight (8) within the forty-five (45) or fewer calendar days from the Closing Date (as defined below), but in no event to adjustment a date prior to May 30, 2008 (as provided in Section 5.6 (and in each case rounded upward or downward initially determined on the close of trading on the second Trading Day prior to the nearest 1/10,000th Closing Date). The “Weighted Average Price” for each Share means the average of a share). the dollar-volume weighted average per ADS (bdivided by eight (8)) No fractional Ordinary Shares will be issued by the Company with respect to the payment of Contract Adjustment Payments on the New York Stock Purchase Date. In lieu of fractional shares otherwise issuable with respect to such payment of Contract Adjustment Payments, Exchange during the Holder will be entitled to receive an amount in cash as provided in Section 5.12.period beginning at 9:30:01