SETTLEMENT REQUEST Sample Clauses
SETTLEMENT REQUEST. Date: Reference is made to the Participation Agreement (the “Participation Agreement”) entered into between the undersigned, Splendid Days Limited (the “Grantor”), and Ark Pacific Investment Management Limited on [date]. This is a [Cash][ADS] Settlement Request in accordance with and pursuant to section 5(a) of the Participation Agreement. Capitalized terms used herein not otherwise defined shall have the meanings as ascribed to them in the Participation Agreement. The undersigned hereby requests that the following amount of the Underlying Instruments indicated below be settled in the form of [cash][ADSs]. Principal amount of [Tranche [·] 12.00% Senior Convertible Note of the Issuer][Tranche [·] Warrant to Purchase American Depositary Shares of the Issuer (the “Warrant”)] to be settled: [In the case of settlement of Tranche I Warrant by cashless exercise only: The undersigned hereby requests that the settlement of the Warrant be effected by means of cashless exercise in accordance with the terms and conditions of the Warrant.] [In the case of settlement of Tranche A/B/C Warrant by Loan Waiver Notice only: A copy of a Loan Waiver Notice (as defined in the terms and conditions of the Warrant) is attached herewith in relation to such principal amount of the Onshore Loan (as defined in the terms and conditions of the Warrant) as is equal to the principal amount of the Warrant to be settled, and accordingly no cash exercise price is payable in relation to the settlement in accordance with the terms and conditions of the Warrant.] [In the case of settlement of Tranche I Warrant or Tranche A/B/C Warrant by payment in cash of the warrant exercise price: Unless otherwise agreed by Grantor, the undersigned hereby confirms that on even date herewith it has transmitted to the bank account of Grantor set forth on Schedule IV to the Participation Agreement (as amended from time to time by Grantor) an amount equal to the aggregate warrant exercise price by wire transfer of immediately available funds ]. Name and address of person in whose name the ADSs will be registered[, should Grantor elect for settlement by way of ADSs pursuant to Section 5(b)(i) of the Participation Agreement]: Name: For and on behalf of [Participant]
SETTLEMENT REQUEST. A. Settlement request should be received by the CRC Chief Counsel at least four weeks prior to the date a decision is needed.
B. Set forth date/time/place/address/department/Judge or Magistrate re: Mandatory Settlement Conference or mediation.
C. Set forth each cause of action and specify which are alleged as to each defendant (identify non-CRC defendants and their counsel, if any).
(1) Provide a statement of the allegations and supporting facts
(2) Address the specific liability risk as to each defendant and cause of action and the pros/cons of settlement
(3) Set forth the amount of settlement authority the Contractor is recommending and how this figure was reached. Summarize any verdicts or settlements that Contractor reviewed in his/her assessment
(4) Discuss any policy considerations impacted by the case, including impact to current policies
(5) Include any additional significant factors or information that would affect settlement evaluation (i.e. credibility of parties and witnesses, admissible evidence plaintiff is prepared to present, venue, etc.) ▇▇▇▇▇▇▇▇▇▇▇ & Woocher, LLP Agreement Number California Redistricting Commission (CRC) Exhibit A Scope of Work The settlement request shall be sent to the CRC’s Chief Counsel, and emailed to ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇.▇▇.▇▇▇ using the following example as the subject line: “▇▇▇▇▇ v ▇▇▇▇▇, Case No. 16-1234 (N.D. Cal) – Settlement.