Common use of Revival and/or survival after Default Clause in Contracts

Revival and/or survival after Default. Notwithstanding the provisions of Condition 6(A)(i), if (a) the Issuer shall default in making payment in full in respect of any Bond which shall have been called or put for redemption on the date fixed for redemption thereof; (b) any Bond has become due and payable prior to the Maturity Date by reason of the occurrence of any of the events under Condition 10; or (c) any Bond is not redeemed on the Maturity Date in accordance with Condition 8(A), the Conversion Right attaching to such Bond will revive and/or will continue to be exercisable up to, and including, the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date upon which the full amount of the moneys payable in respect of such Bond has been duly received by the Principal Agent or the Trustee and notice of such receipt has been duly given to the Bondholders in accordance with Condition 11 and notwithstanding the provisions of Condition 6(A)(i), any Bond in respect of which the Certificate and Conversion Notice (as defined in Condition 6(B)(i)) are deposited for conversion prior to such date shall be converted on the relevant Conversion Date (as defined in Condition 6(B)(i)) notwithstanding that the full amount of the moneys payable in respect of such Bond shall have been received by the Principal Agent or the Trustee before such Conversion Date or that the Conversion Period may have expired before such Conversion Date.

Appears in 2 contracts

Samples: Subscription Agreement (Datang Telecom Technology & Industry Holdings LTD), Subscription Agreement (Semiconductor Manufacturing International Corp)

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Revival and/or survival after Default. Notwithstanding the provisions of Condition 6(A)(i5(A)(i), if (a) the Issuer shall default in making payment in full in respect of any Bond Security which shall have been called or put for redemption on the date fixed for redemption thereof; (b) any Bond Security has become due and payable prior to the Maturity Date by reason of the occurrence of any of the events under Condition 109; or (c) any Bond Security is not redeemed on the Maturity Date date fixed for redemption thereof in accordance with Condition 8(A)7, the Conversion Right attaching to such Bond Security will revive and/or will continue to be exercisable up to, and including, the close of business (at the place where the Certificate evidencing such Bond Security is deposited for conversion) on the date upon which the full amount of the moneys payable in respect of such Bond Security has been duly received by the Principal Agent or the Trustee and notice of such receipt has been duly given to the Bondholders Securityholders in accordance with Condition 11 10 and notwithstanding the provisions of Condition 6(A)(i5(A)(i), any Bond Security in respect of which the Certificate and Conversion Notice (as defined in Condition 6(B)(i5(B)(i)) are deposited for conversion prior to such date shall be converted on the relevant Conversion Date (as defined in Condition 6(B)(i5(B)(i)) notwithstanding that the full amount of the moneys payable in respect of such Bond Security shall have been received by the Principal Agent or the Trustee before such Conversion Date or that the Conversion Period may have expired before such Conversion Date.

Appears in 1 contract

Samples: Subscription Agreement (Datang Telecom Technology & Industry Holdings Co., Ltd.)

Revival and/or survival after Default. Notwithstanding the provisions of Condition 6(A)(i6(a)(i) (Conversion Period), if (aA) the Issuer shall default in making payment in full in respect of any Bond the Bonds which shall have been called or put for redemption on the date fixed for redemption thereof; (bB) any Bond has the Bonds have become due and payable prior to the Maturity Date by reason of the occurrence of any of the events under Condition 1010 (Events of Default); or (cC) any Bond is the Bonds are not redeemed on the Maturity Date in accordance with Condition 8(A8(a) (Maturity) or the applicable date for redemption in accordance with Condition 8(b) (Redemption at the Option of the Bondholders) and Condition 8(c) (Redemption for Delisting or Change of Control or failure to satisfy the Conditions), the Conversion Right attaching to such Bond will revive and/or will continue to be exercisable up to, and including, the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date upon which the full amount of the moneys payable in respect of such Bond Xxxx has been duly received by the Principal Agent or the Trustee Bondholder and notice of such receipt has been duly given to the Bondholders in accordance with Condition 11 and notwithstanding the provisions of Condition 6(A)(i6(a)(i) (Conversion Period), any Bond the Bonds in respect of which the Certificate and Conversion Notice (as defined in Condition 6(B)(i)) are deposited for conversion prior to such date shall be converted on the relevant Conversion Date (as defined in Condition 6(B)(i)below) notwithstanding that the full amount of the moneys payable in respect of such Bond shall have been received by the Principal Agent or the Trustee Bondholder before such Conversion Date or that the Conversion Period may have expired before such Conversion Date.

Appears in 1 contract

Samples: Subscription Agreement

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Revival and/or survival after Default. Notwithstanding the provisions of Condition 6(A)(i), if (a) the Issuer Company shall default in making payment in full in respect of any Bond which shall have been called or put for redemption on the date fixed for redemption thereof; , (b) any Bond has become due and payable prior to the Maturity Date by reason of the occurrence of any of the events under Condition 10; or (c) any Bond is not redeemed on the Maturity Date in accordance with Condition 8(A), the Conversion Right attaching to such Bond will revive and/or will continue to be exercisable up to, and including, the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date upon which the full amount of the moneys payable in respect of such Bond has been duly received by the Principal Agent or the Trustee and notice of such receipt has been duly given to the Bondholders in accordance with Condition 11 and and, notwithstanding the provisions of Condition 6(A)(i), any Bond in respect of which the Certificate and Conversion Notice (as defined in Condition 6(B)(i)below) are deposited for conversion prior to such date shall be converted on the relevant Conversion Date (as defined in Condition 6(B)(i)below) notwithstanding that the full amount of the moneys payable in respect of such Bond shall have been received by the Principal Agent or the Trustee before such Conversion Date or that the Conversion Period may have expired before such Conversion Date.

Appears in 1 contract

Samples: Agency Agreement

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