Common use of Solicitation Period Clause in Contracts

Solicitation Period. Notwithstanding anything to the contrary set forth in this Agreement, during the period beginning on the date of this Agreement and continuing until 11:59 p.m. (Hong Kong time) on the day that is forty (40) days following the date of this Agreement (the “Go-Shop Period End Date”), the Company and its Representatives may (acting under the direction of the Independent Committee) directly or indirectly: (i) solicit, initiate, facilitate and encourage any Acquisition Proposal, including by way of providing access to information to any Person (each, a “Solicited Person”) pursuant to one or more confidentiality agreements containing customary terms and conditions, provided that any material non-public information concerning the Company or its Subsidiaries provided to such Solicited Person shall, to the extent not previously disclosed to Parent or Merger Sub, be disclosed to Parent as promptly as reasonably practicable after it is provided to such Solicited Person; (ii) enter into, continue or otherwise participate in any discussions or negotiations with respect to any Acquisition Proposal or otherwise cooperate with, assist, participate in, facilitate or take any other action in connection with any such inquiries, proposals, discussions or negotiations or any effort or attempt to make any Acquisition Proposal. Within forty-eight (48) hours following the Go-Shop Period End Date the Company shall notify Parent of the material terms and conditions of any Acquisition Proposals (including any amendments or modifications thereof) received from any Excluded Party and the identity thereof. The Company shall immediately cease any discussions with any Person (other than Parent and any Excluded Party) that are ongoing as of the Go-Shop Period End Date and that relate to, or may reasonably be expected to lead to, an Acquisition Proposal, except as otherwise expressly provided in Sections 6.2(b) and 6.2(c).

Solicitation Period. Notwithstanding anything to the contrary set forth contained in this AgreementSection 5.3(a), during the period beginning on the date of this Agreement and continuing until 11:59 p.m. (Hong Kong 12:01 am, New York City time) , on the day that is forty (40) days following the date of this Agreement August 18, 2007 (the “Go-Shop Solicitation Period End Date”), the Company Company, its Subsidiaries and its and their respective Representatives may (acting under the direction of the Independent Committee) shall be permitted to directly or indirectly: indirectly (i) solicit, initiate, encourage and facilitate and encourage the making or submission of any Acquisition ProposalProposals and (ii) participate in discussions and negotiations regarding, including by way of providing access to information to any Person (each, a “Solicited Person”) pursuant to one or more confidentiality agreements containing customary terms and conditions, provided that any material furnish non-public information concerning the Company or its Subsidiaries provided to such Solicited Person shall, to the extent not previously disclosed to Parent or Merger Sub, be disclosed to Parent as promptly as reasonably practicable after it is provided to such Solicited Person; (ii) enter into, continue or otherwise participate in any discussions or negotiations with respect to any Acquisition Proposal or otherwise cooperate withto, assist, participate in, facilitate or and take any other action in connection with any such inquiries, proposals, discussions to facilitate inquiries or negotiations or any effort or attempt to make any Acquisition Proposal. Within forty-eight (48) hours following the Go-Shop Period End Date the Company shall notify Parent of the material terms and conditions making of any Acquisition Proposals (including any amendments or modifications thereof) received from any Excluded Party and the identity thereof. The Company shall immediately cease any discussions with any Person (other than Parent and any Excluded Party) proposal that are ongoing as of the Go-Shop Period End Date and that relate to, constitutes or may reasonably be expected to lead to, an Acquisition Proposal; provided that (A) Company shall not, except and shall cause its Subsidiaries and its and their respective Representatives, not to provide any nonpublic information with respect to Company or any of its Subsidiaries to any Person unless (x) Company receives from such Person an executed confidentiality agreement, the terms of which are at least as otherwise expressly provided restrictive as the terms contained in Sections 6.2(bthe Confidentiality Agreement (an “Acceptable Confidentiality Agreement”) and 6.2(c(y) promptly after furnishing to any such Person any nonpublic information that has not been previously furnished or made available to Parent, Company furnishes Parent copies of such nonpublic information, (B) in no event shall Company, its Subsidiaries or its and their respective Representatives engage in any of the actions described in clause (i) or clause (ii) above with more than eight (8) Persons (each of such eight (8) Persons, a “Solicited Person”) and (C) Company shall notify Parent in writing, as promptly as reasonably practicable (and, in any event, within twenty-four (24) hours of the initial contact with any Solicited Person), of the identity of each Solicited Person and the date of first contact. Subject to Section 5.3(d), on the Solicitation Period End Date, Company shall immediately cease any existing solicitation, encouragement, facilitation, discussion, negotiation or other action permitted by this Section 5.3(b) conducted by Company, its Subsidiaries or any of its and their respective Representatives.

Solicitation Period. Notwithstanding anything to the contrary set forth in this Agreement, during the period beginning on the date of this Agreement and continuing until 11:59 p.m. (Hong Kong time) on the day that is forty thirty (4030) days following the date of this Agreement (the “Go-Shop Period End Date”), the Company Company, the Company’s Subsidiaries and its their respective Representatives may shall have the right (acting under the direction of the Independent Committee) to, directly or indirectly: (i) solicit, initiate, facilitate and encourage any Acquisition Proposal, including by way of providing access to information to any Person (each, a “Solicited Person”) pursuant to one or more confidentiality agreements containing customary on terms and conditionsat least as restrictive as those contained in Section 9.12, provided that any material non-public information concerning the Company or its Subsidiaries provided to such Solicited Person given such access shall, to the extent not previously disclosed provided to Parent or Merger Sub, be disclosed provided to Parent as promptly as reasonably practicable after it is provided to such Solicited Person; (ii) enter into, continue or otherwise participate in any discussions or negotiations with respect to any Acquisition Proposal or otherwise cooperate with, assist, participate in, facilitate or take any other action in connection with any such inquiries, proposals, discussions or negotiations or any effort or attempt to make any Acquisition Proposal. Within forty-eight (48) hours following the Go-Shop Period End Date Date, the Company shall notify Parent of the material terms and conditions of any the Acquisition Proposals (including any amendments or modifications thereof) received from any Excluded Party and the identity thereof. The Company shall immediately cease any discussions with any Person (other than Parent and any Excluded Party) that are ongoing as of the Go-Shop Period End Date and that relate torelate, or may reasonably be expected expected, to lead to, to an Acquisition Proposal, except as otherwise expressly provided in Sections 6.2(b) and 6.2(c).