Stabilising manager and stabilisation actions. The Company acknowledges that Huatai Financial Holdings (Hong Kong) Limited and/or any person acting for it (the “Stabilising Manager”), to the exclusion of all others, is expected to act as stabilising manager in connection with the Global Offering and may (but with no obligation and not as agent for the Company) make purchases, over-allocate or effect transactions in the market or otherwise take such stabilising action(s) with a view to supporting the market price of the Shares at a level higher than that which might otherwise prevail for a limited period after the Listing Date. The Stabilising Manager may, in its sole and absolute discretion, appoint any person to be its agent for the purposes of taking any stabilisation actions. Any such agent shall have the rights and authorities conferred upon the Stabilising Manager pursuant to this Clause 7.1. Any stabilisation actions taken by the Stabilising Manager as stabilising manager shall be conducted in compliance with the Securities and Futures (Price Stabilising) Rules under the Securities and Futures Ordinance and all other applicable Laws and may be discontinued at any time. Each of the Hong Kong Underwriter (other than the Stabilising Manager) hereby undertakes severally (and not jointly or jointly and severally) to each other party (including the Sole Global Coordinator, the Sole Bookrunner and the Sole Lead Manager) to this Agreement that it will not take or cause or authorise any person to take, and shall cause its affiliates and/or agents not to take, directly or indirectly, any stabilisation action or any action which is designed to or which constitutes or which might be expected to cause or result in the stabilisation or maintenance of the price of any security of the Company.
Appears in 2 contracts
Samples: Hong Kong Underwriting Agreement, Hong Kong Underwriting Agreement
Stabilising manager and stabilisation actions. The Company acknowledges that Huatai Financial Holdings (Hong Kong) Limited and/or any person acting for it (the “Stabilising Manager”), to the exclusion of all others, is expected to act as stabilising manager in connection with the Global Offering and may (but with no obligation and not as agent for the Company) make purchases, over-allocate or effect transactions in the market or otherwise take such stabilising action(s) with a view to supporting the market price of the Shares at a level higher than that which might otherwise prevail for a limited period after the Listing Date. The Stabilising Manager may, in its sole and absolute discretion, appoint any person to be its agent for the purposes of taking any stabilisation actions. Any such agent shall have the rights and authorities conferred upon the Stabilising Manager pursuant to this Clause 7.1. Any stabilisation actions taken by the Stabilising Manager as stabilising manager shall be conducted in compliance with the Securities and Futures (Price Stabilising) Rules under the Securities and Futures Ordinance and all other applicable Laws and may be discontinued at any time. Each of the Hong Kong Underwriter Underwriters (other than the Stabilising Manager) hereby undertakes severally (and not jointly or jointly and severally) to each other party (including the Sole Global Coordinator, the Sole Bookrunner Joint Bookrunners and the Sole Joint Lead ManagerManagers) to this Agreement that it will not take or cause or authorise any person to take, and shall cause its affiliates and/or agents not to take, directly or indirectly, any stabilisation action or any action which is designed to or which constitutes or which might be expected to cause or result in the stabilisation or maintenance of the price of any security of the Company.
Appears in 2 contracts
Samples: Hong Kong Underwriting Agreement, Hong Kong Underwriting Agreement
Stabilising manager and stabilisation actions. The Company acknowledges that Huatai Financial Holdings (Hong Kong) Limited and/or any person acting for it (the “Stabilising Manager”), to the exclusion of all others, is expected to act as stabilising manager in connection with the Global Offering and may (but with no obligation and not as agent for the Company) make purchases, over-allocate or effect transactions in the market or otherwise whether in Hong Kong or elsewhere take such stabilising action(s) with a view to stabilising or supporting the market price of the Shares at a level higher than that which might otherwise prevail in the open market for a limited period after the Listing Date. The Stabilising Manager may, in its sole and absolute discretion, appoint any person to be its agent for the purposes of taking any stabilisation actionsactions provided that the Stabilising Manager shall remain liable for all acts and omissions of any of such agent(s) appointed hereunder and shall procure that such agent(s) appointed by it shall comply with all relevant obligations and provisions to which the Stabilising Manager is subject, or by which the Stabilising Manager are bound, pursuant to this Agreement or under applicable Laws. Any such agent shall have the rights and authorities conferred upon the Stabilising Manager pursuant to this Clause 7.1Clause. Any stabilisation actions taken by the Stabilising Manager or any person acting for it as stabilising manager shall be conducted in compliance with the Securities and Futures (Price StabilisingStabilizing) Rules under the Securities and Futures Ordinance and all other applicable Laws and may be discontinued at any timetime at the discretion of the Stabilising Manager. The Company shall not be responsible for any liabilities, expenses and losses arising from stabilising activities and transactions effected by the Stabilizing Manager. Each of the Hong Kong Underwriter Underwriters (other than the Stabilising ManagerManager or any person acting for it) hereby undertakes severally (and not jointly or jointly and severally) to each other party (including the Sole Global Coordinator, the Sole Bookrunner and the Sole Lead ManagerOverall Coordinators) to this Agreement that that, unless appointed to do so by the Stabilising Manager it will not take or cause or authorise any person to take, and shall cause its affiliates and/or agents and/or subsidiaries not to take, directly or indirectly, any stabilisation action or any action which is designed to or which constitutes or which might be expected to cause or result in the stabilisation or maintenance of the price of any security of the Company; provided, however, that the granting of the Over-allotment Option under the International Underwriting Agreement shall not constitute a breach of this Clause 7.1.
Appears in 1 contract
Samples: Investment Agreement
Stabilising manager and stabilisation actions. The Company acknowledges that Huatai Financial Holdings (Hong Kong) Limited and/or any person acting for it (the “Stabilising Manager”)Xxxxxx Xxxxxxx, to the exclusion of all others, is expected to act as stabilising manager in connection with the Global Offering and may (but with no obligation and not as agent for the Company) make purchases, over-allocate or effect transactions in the market or otherwise take such stabilising action(s) with a view to supporting the market price of the Shares at a level higher than that which might otherwise prevail for a limited period after the Listing Date. The Stabilising Manager Xxxxxx Xxxxxxx may, in its sole and absolute discretion, appoint any person to be its agent for the purposes of taking any stabilisation actions. Any such agent shall have the rights and authorities conferred upon the Stabilising Manager Xxxxxx Xxxxxxx pursuant to this Clause 7.1Clause. Any stabilisation actions taken by the Stabilising Manager Xxxxxx Xxxxxxx or any person acting for it as stabilising manager shall be conducted in compliance with the Securities and Futures (Price StabilisingStabilizing) Rules under the Securities and Futures Ordinance and all other applicable Laws and may be discontinued at any time. Each of the Hong Kong Underwriter Underwriters (other than the Stabilising ManagerXxxxxx Xxxxxxx or any person acting for it) hereby undertakes severally (and not jointly or jointly and severally) to each other party (including the Sole Joint Global Coordinator, the Sole Bookrunner and the Sole Lead ManagerCoordinators) to this Agreement that it will not take or cause or authorise any person to take, and shall cause its affiliates and/or agents not to take, directly or indirectly, any stabilisation action or any action which is designed to or which constitutes or which might be expected to cause or result in the stabilisation or maintenance of the price of any security of the Company.
Appears in 1 contract
Stabilising manager and stabilisation actions. The Company acknowledges that Huatai Financial Holdings (Hong Kong) Limited and/or any person acting for it (the “Stabilising Manager”)GTJA Securities, to the exclusion of all others, is expected appointed to act as stabilising manager in connection with the Global Offering and may (but with no obligation and not as agent for the Company) make purchases, over-allocate or effect transactions in the market or otherwise take such stabilising action(s) with a view to supporting the market price of the H Shares at a level higher than or equal to that which might otherwise prevail for a limited period after the Listing Date. The Stabilising Manager may, in its sole and absolute discretion, appoint any person to be its agent for the purposes of taking any stabilisation actionsactions in connection with the Global Offering, provided that the Stabilising Manager shall remain liable for all acts and omissions of any of such agent(s) appointed hereunder and shall procure that such agent(s) appointed by it shall comply with all relevant obligations and provisions to which Stabilising Manager is subject, or by which Stabilising Manager are bound, pursuant to this Agreement or under applicable Laws. Any such agent shall have the rights and authorities conferred upon the Stabilising Manager pursuant to this Clause 7.1. Any stabilisation actions taken by the Stabilising Manager or any person acting for it as stabilising manager shall be conducted in compliance with the Securities and Futures (Price Stabilising) Rules under the Securities and Futures Ordinance and all other applicable Laws and may be discontinued at any time. Each of the Hong Kong Underwriter Underwriters (other than the Stabilising ManagerManager or any person acting for it) hereby undertakes severally (and not jointly or jointly and severally) to each other party (including the Sole Global Coordinator, the Sole Bookrunner and the Sole Lead Stabilising Manager) to this Agreement that it will not take or cause or authorise any person to take, and shall cause its affiliates and/or agents not to take, directly or indirectly, any stabilisation action or any action which is designed to or which constitutes or which might be expected to cause or result in the stabilisation or maintenance of the price of any security of the Company.
Appears in 1 contract
Samples: Hong Kong Underwriting Agreement