RIGHTS OF SHARES. The Purchased Shares shall have the rights, privileges and restrictions as set forth in the Restated Articles attached hereto as Exhibit A. The ordinary shares of the Company, par value US$0.0002 per share (the “Ordinary Shares”), issuable upon conversion of Purchased Shares will be hereinafter referred to as the “Conversion Shares”.
RIGHTS OF SHARES. 7.1. Each Ordinary Share in the Company confers upon the Shareholder:
(a) the right to one vote at a meeting of the Shareholders of the Company or on any Resolution of Shareholders;
(b) subject to the rights of the Preferred Shares, the right to an equal share in any dividend paid by the Company; and
(c) subject to the rights of the Preferred Shares, the right to an equal share in the distribution of the surplus assets of the Company on its liquidation.
7.2. The Company may by Resolution of Directors redeem, purchase or otherwise acquire all or any of the Shares in the Company subject to Regulation 3 of the Articles.
7.3. The Preferred Shares shall have the following rights:-
RIGHTS OF SHARES. (1) The share capital of the Company shall be divided into a single class of Common Shares. The Board may create classes and series of shares and may increase or decrease the number of shares of any class or series as it sees fit. The Board also may, subject to the Act and to any rights attaching to the issued and outstanding shares, cancel, redeem or purchase any shares and shares of any class or series and further terminate any class or series of shares.
(2) The holders of Common Shares shall be entitled to one vote per Common Share. However, subject to these Bye-laws and to any resolution of the Members to the contrary and without prejudice to any special rights previously conferred on the holders of any existing shares or class or series of shares, the Board may issue non-voting Common Shares which will not entitle the holders thereof to such voting rights. The Common Shares shall entitle the holders thereof, subject to the provisions of these Bye-laws:
(a) to share equally share for share in dividends (whether payable in cash, property or securities of the Company) as the Board may from time to time declare;
(b) in the event of a liquidation, winding-up or dissolution of the Company, whether voluntary or involuntary or for the purpose of an amalgamation, reorganisation or otherwise or upon any distribution of share capital and surplus, be entitled to share equally and ratably in the assets of the Company, if any, remaining after the payment of all debts and liabilities of the Company; and
(c) generally be entitled to enjoy all of the rights attaching to shares.
RIGHTS OF SHARES. 7.1 Each Share in the Company confers upon the Shareholder:
(a) the right to one vote at a meeting of the Shareholders of the Company or on any Resolution of Shareholders;
(b) the right to an equal share in any dividend paid by the Company; and
(c) the right to an equal share in the distribution of the surplus assets of the Company on its liquidation.
7.2 The Company may by Resolution of Directors redeem, purchase or otherwise acquire all or any of the Shares in the Company subject to Regulation 3 of the Articles.
RIGHTS OF SHARES. Without prejudice to the rights and obligations contemplated in the Articles of Incorporation for Class A and B shares, any and all shares entitled to vote confer upon their legitimate holders the status of shareholders and at least the following rights:
(a) To participate in the profit sharing and the net worth resulting from the liquidation;
(b) To intervene and vote in the Shareholders' Meetings;
(c) To control, in the form established by Law and these By-laws, the corporate management;
(d) To participate in the election of the Board of Directors;
(e) To leave the corporation in the cases and in the manner provided for by Law. Except for the special rights inherent in the Class B shares as indicated in the Articles of Incorporation and these By-laws, all shares establish the same rights and obligations for their holders. Any and all shares of the same class shall enjoy the same rights and assume the same obligations.
RIGHTS OF SHARES. This Subsequent Closing shall be deemed to have been made under the Purchase Agreement, and the shares of Series A Preferred Stock purchased hereunder shall receive the same rights and be subject to the same obligations under the Purchase Agreement and that certain Investors' Rights Agreement dated July 3, 1997, as the shares of the Series A Preferred Stock purchased under the Purchase Agreement, except as expressly set forth in such agreements.
RIGHTS OF SHARES. Except as otherwise set forth in this Agreement, this Second Closing shall be deemed to have been made under the First Closing Agreement, and the shares of Series C Preferred Stock purchased hereunder shall receive the same rights and be subject to the same obligations under the First Closing Agreement, that certain Investors' Rights Agreement dated August 17, 1995 and the Co- Sale Agreement dated August 17, 1995, as the shares of the Series C Preferred Stock purchased pursuant to the First Closing Agreement, except as otherwise expressly set forth in such agreements.
RIGHTS OF SHARES. Subject to any resolution of the Members to the contrary and without prejudice to any special rights previously conferred on the holders of any existing shares or class of shares, the share capital of the Company shall be divided into three classes of shares, namely Class A Shares of US$1.00 par value each (the “Class A Shares”), Class B Shares of US$1.00 par value each (the “Class B Shares”) and Class C Shares of US$1.00 par value each (the “Class C Shares”), the holders of which shall, subject to the provisions of these Bye-laws have the respective rights as herein set out:
(a) Holders of the Class A Shares shall:
(i) be entitled to one vote per share;
(ii) subject to the terms of the Members’ Agreement, be entitled to such dividends as the Board may from time to time declare;
(iii) in the event of a winding-up or dissolution of the Company, whether voluntary or involuntary or for the purpose of a reorganization or otherwise or upon any distribution of capital, be entitled to payment in accordance with Section 4.1(c) of the Members’ Agreement; and
(iv) generally be entitled to enjoy all of the rights attaching to shares.
(b) Holders of the Class B Shares shall:
(i) not be entitled to vote except as otherwise required by law or these Bye-laws;
(ii) subject to the terms of the Members’ Agreement, be entitled to such dividends as the Board may from time to time declare;
(iii) in the event of a winding-up or dissolution of the Company, whether voluntary or involuntary or for the purpose of a reorganization or otherwise or upon any distribution of capital, be entitled to payment in accordance with Section 4.1(c) of the Members’ Agreement; and
(iv) generally be entitled to enjoy all of the rights attaching to shares.
(c) Holders of the Class C Shares shall:
(i) not be entitled to vote except as otherwise required by law or these Bye-laws;
(ii) not be entitled to dividends;
(iii) in the event of a winding-up or dissolution of the Company, whether voluntary or involuntary or for the purpose of a reorganization or otherwise or upon any distribution of capital, be entitled to the payment of US$1.00 per Class C Share;
(iv) upon satisfaction in full of all obligations of the Company pursuant to the Indenture, be subject to having such Class C Shares be redeemed at the option of the Company for US$1.00 per Class C Share; and
(v) generally be entitled to enjoy all of the rights attaching to shares.
RIGHTS OF SHARES. 7.1 Subject to any special rights conferred on any class of Share as determined by the Board upon its issue or as varied from time to time, each Share confers upon the Shareholder:
(a) the right to one vote at a meeting of the Shareholders;
(b) the right to an equal share in any dividend paid by the Company; and
(c) the right to an equal share in the distribution of the surplus assets of the Company on its liquidation.
7.2 The Company may by Resolution of Directors redeem, purchase or otherwise acquire all or any of the Shares subject to Regulation 3 of the Articles.
RIGHTS OF SHARES. Subject to this agreement, each Share confers the same rights.
