Redemption Rights. The holders of the Series B RCPS may at any time after 31 December 2011, subject to the completion of the PMSB Subsequent Closing or EEV Subsequent Closing (where relevant), by giving a thirty (30) day notice of redemption in such form as may be acceptable to the Company (“Notice of Redemption”), redeem any or all Series B RCPS registered in the name of the holder of the Series B RCPS. The RCPS will be redeemable from funds legally available for distribution at the redemption price (“Redemption Price”) which comprises a par value of RM0.01 with redemption premium equivalent to the difference between (i) the aggregate of the Subscription Price and such price multiplied at the rate of 20% per annum prorated by day, up to the date of the redemption based on a 365-days year (and without any compounding or addition to the principal Subscription Price) and (ii) the par value of RM0.01 per Series B RCPS plus all accrued but unpaid dividends and dividends in arrears, if any. All redemption of the Series B RCPS shall be effected at the registered office of the Company unless agreed otherwise by the holder(s) of the Series B RCPS and the Company. On the date fixed for redemption, the holder(s) of the Series B RCPS shall deliver to the Company the share certificate(s) for the relevant Series B RCPS in exchange for payment in cash (by way of bank draft or any other manner acceptable to the holder(s)) by the Company of the aggregate Redemption Price for the time being payable for those Series B RCPS. If any share certificate so delivered to the Company relates to any Series B RCPS which are not to be redeemed on that day, a fresh share certificate for those Series B RCPS shall be issued by the Company to such holder(s). No Series B RCPS redeemed by the Company shall be capable of reissue.
Appears in 4 contracts
Samples: Shareholders’ Agreement, Share Subscription Agreement (WaferGen Bio-Systems, Inc.), Share Subscription Agreement (WaferGen Bio-Systems, Inc.)
Redemption Rights. The holders of the Series B A RCPS may at any time after 31 December 2011, subject to the completion of the PMSB Subsequent Closing or EEV Subsequent Closing (where relevant), by giving a thirty (30) day notice of redemption in such form as may be acceptable to the Company (“Notice of Redemption”), redeem any or all Series B A RCPS registered in the name of the holder of the Series B A RCPS. The RCPS will be redeemable from funds legally available for distribution at the redemption price (“Redemption Price”) which comprises a par value of RM0.01 with redemption premium equivalent to the difference between (i) the aggregate of the Subscription Price and such price multiplied at the rate of 20% per annum prorated by day, up to the date of the redemption based on a 365-days year (and without any compounding or addition to the principal Subscription Price) and (ii) the par value of RM0.01 per Series B A RCPS plus all accrued but unpaid dividends and dividends in arrears, if any. All redemption of the Series B A RCPS shall be effected at the registered office of the Company unless agreed otherwise by the holder(s) of the Series B A RCPS and the Company. On the date fixed for redemption, the holder(s) of the Series B A RCPS shall deliver to the Company the share certificate(s) for the relevant Series B A RCPS in exchange for payment in cash (by way of bank draft or any other manner acceptable to the holder(s)) by the Company of the aggregate Redemption Price for the time being payable for those Series B A RCPS. If any share certificate so delivered to the Company relates to any Series B A RCPS which are not to be redeemed on that day, a fresh share certificate for those Series B A RCPS shall be issued by the Company to such holder(s). No Series B A RCPS redeemed by the Company shall be capable of reissue.
Appears in 2 contracts
Samples: Shareholders’ Agreement, Shareholders’ Agreement (WaferGen Bio-Systems, Inc.)
Redemption Rights. 7.1 The holders of the Series B RCPS Company may at any time after 31 December 2011, subject to the completion of the PMSB Subsequent Closing or EEV Subsequent Closing (where relevant), by giving a thirty (30) day notice of redemption in such form as may be acceptable to the Company (“Notice of Redemption”), redeem any or all Series B C RCPS registered in the name of the holder of the Series B RCPSC RCPS at any time if the Company is prohibited from granting a loan to the Existing Shareholder using the proceeds from the issuance of the Series C RCPS due to legal or regulatory restrictions in Malaysia, by giving a Notice of Redemption. The Series C RCPS will be redeemable from funds legally available for distribution at the redemption price (“Redemption Price”) which comprises a par value of RM0.01 with redemption premium equivalent to the difference between (i) the aggregate of the Initial Subscription Price or Subsequent Subscription Price (as the case may be) and such price multiplied at the rate of 205% per annum prorated by day, up to the date of the redemption based on a 365-days year (and without any compounding or addition to the principal Initial Subscription PricePrice or Subsequent Subscription Price (as the case may be)) and (ii) the par value of RM0.01 per Series B C RCPS plus all accrued but unpaid dividends and dividends in arrears, if any.
7.2 All redemption of the Series B C RCPS shall be effected at the registered office of the Company unless agreed otherwise by the holder(s) of the Series B C RCPS and the Company. On the date fixed for redemption, the holder(s) of the Series B C RCPS shall deliver to the Company the share certificate(s) for the relevant Series B C RCPS in exchange for payment in cash (by way of bank draft or any other manner acceptable to the holder(s)) by the Company of the aggregate Redemption Price for the time being payable for those Series B C RCPS. If any share certificate so delivered to the Company relates to any Series B C RCPS which are not to be redeemed on that day, a fresh share certificate for those Series B C RCPS shall be issued by the Company to such holder(s). No Series B C RCPS redeemed by the Company shall be capable of reissue.
Appears in 2 contracts
Samples: Shareholders’ Agreement, Shareholders’ Agreement (WaferGen Bio-Systems, Inc.)
Redemption Rights. 7.1 The holders of the Series B RCPS Company may at any time after 31 December 2011, subject to the completion of the PMSB Subsequent Closing or EEV Subsequent Closing (where relevant), by giving a thirty (30) day notice of redemption in such form as may be acceptable to the Company (“Notice of Redemption”), redeem any or all Series B C RCPS registered in the name of the holder of the Series B RCPSC RCPS at any time if the Company is prohibited from granting a loan to the Existing Shareholder using the proceeds from the issuance of the Series C RCPS due to legal or regulatory restrictions in Malaysia, by giving a Notice of Redemption. The Series C RCPS will be redeemable from funds legally available for distribution at the redemption price (“Redemption Price”) which comprises a par value of RM0.01 with redemption premium equivalent to the difference between (i) the aggregate of the Initial Subscription Price or Subsequent Subscription Price (as the case may be) and such price multiplied at the rate of 205% per annum prorated by day, up to the date of the redemption based on a 365-days year (and without any compounding or addition to the principal Initial Subscription PricePrice or Subsequent Subscription Price (as the case may be)) and (ii) the par value of RM0.01 per Series B C RCPS plus all accrued but unpaid dividends and dividends in arrears, if any. .
7.2 All redemption of the Series B C RCPS shall be effected at the registered office of the Company unless agreed otherwise by the holder(s) of the Series B C RCPS and the Company. On the date fixed for redemption, the holder(s) of the Series B C RCPS shall deliver to the Company the share certificate(s) for the relevant Series B C RCPS in exchange for payment in cash (by way of bank draft or any other manner acceptable to the holder(s)) by the Company of the aggregate Redemption Price for the time being payable for those Series B C RCPS. If any share certificate so delivered to the Company relates to any Series B C RCPS which are not to be redeemed on that day, a fresh share certificate for those Series B C RCPS shall be issued by the Company to such holder(s). No Series B C RCPS redeemed by the Company shall be capable of reissue.
Appears in 1 contract
Samples: Share Subscription Agreement (WaferGen Bio-Systems, Inc.)