Common use of STATUS OF THIS AGREEMENT Clause in Contracts

STATUS OF THIS AGREEMENT. 4.1. With effect from the commencement of the Program (i) the relationship of the Shareholders amongst themselves, in their capacities as Shareholders, as well as the relationship between the Shareholders, in their capacities as Shareholders, on the one hand, and the Company, on the other hand, shall be governed solely in terms of this agreement as read with the Company's constitutional documents ("Constitutional Documents"), and (ii) no party shall have any claim against any other party arising out of any previous shareholders’ agreement that may have existed in relation to the Company before the commencement of the Program. 4.2. If there is a conflict or inconsistency between the provisions of this agreement, the Constitutional Documents and/or the laws of the jurisdiction applicable to the Company, the parties shall negotiate in good faith within 7 business days of a written request by any Shareholder, with a view to finding a solution to remove such conflict or inconsistency, with the intent and purpose that the parties are placed, insofar as is reasonably possible, in substantially the same position as they would have been under the provisions of this agreement, but for the provisions of the Constitutional Documents or the applicable laws. 4.3. A complete and correct copy of the Constitutional Documents shall have been provided to SBC prior to commencement of the Program. The Constitutional Documents will not be amended without the prior written consent of SBC, if any such amendment would have the effect of altering any of the terms of this agreement, or otherwise altering or nullifying any rights afforded to SBC in terms of this agreement. SBC shall be provided with a copy of the amended Constitutional Documents, if applicable, as soon as any such amendment becomes applicable.

Appears in 2 contracts

Samples: Shareholder Agreement, Shareholder Agreement

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STATUS OF THIS AGREEMENT. 4.15.1. With effect from the commencement of the Program Signature Date (i) the relationship of the Shareholders amongst themselves, in their capacities as Shareholders, as well as the relationship between the Shareholders, in their capacities as Shareholders, on the one hand, and the Company, on the other hand, shall be governed solely in terms of this agreement as read with the Company's constitutional documents ("Constitutional Documents"), and (ii) no party shall have any claim against any other party arising out of any previous shareholders’ agreement that may have existed in relation to the Company before the commencement of the ProgramSignature Date. 4.25.2. If there is a conflict or inconsistency between the provisions of this agreement, the Constitutional Documents and/or the laws of the jurisdiction applicable to the Company, the parties shall negotiate in good faith within 7 business days of a written request by any Shareholder, with a view to finding a solution to remove such conflict or inconsistency, with the intent and purpose that the parties are placed, insofar as is reasonably possible, in substantially the same position as they would have been under the provisions of this agreement, but for the provisions of the Constitutional Documents or the applicable laws. 4.35.3. A complete and correct copy of the Constitutional Documents shall have been be provided to SBC prior to commencement of the ProgramSBC. The Constitutional Documents will not be amended without the prior written consent of SBC, if any such amendment would have the effect of altering any of the terms of this agreement, or otherwise altering or nullifying any rights afforded to SBC in terms of this agreement. SBC shall be provided with a copy of the amended Constitutional Documents, if applicable, as soon as any such amendment becomes applicable.

Appears in 1 contract

Samples: Shareholder Agreements

STATUS OF THIS AGREEMENT. 4.15.1. With effect from the commencement of the Program (i) the relationship of the Shareholders amongst themselves, in their capacities as Shareholders, as well as the relationship between the Shareholders, in their capacities as Shareholders, on the one hand, and the Company, on the other hand, shall be governed solely in terms of this agreement as read with the Company's constitutional documents ("Constitutional Documents"), and (ii) no party shall have any claim against any other party arising out of any previous shareholders’ agreement that may have existed in relation to the Company before the commencement of the Program. 4.25.2. If there is a conflict or inconsistency between the provisions of this agreement, the Constitutional Documents and/or the laws of the jurisdiction applicable to the Company, the parties shall negotiate in good faith within 7 business days of a written request by any Shareholder, with a view to finding a solution to remove such conflict or inconsistency, with the intent and purpose that the parties are placed, insofar as is reasonably possible, in substantially the same position as they would have been under the provisions of this agreement, but for the provisions of the Constitutional Documents or the applicable laws. 4.35.3. A complete and correct copy of the Constitutional Documents shall have been be provided to SBC prior to commencement of the ProgramSBC. The Constitutional Documents will not be amended without the prior written consent of SBC, if any such amendment would have the effect of altering any of the terms of this agreement, or otherwise altering or nullifying any rights afforded to SBC in terms of this agreement. SBC shall be provided with a copy of the amended Constitutional Documents, if applicable, as soon as any such amendment becomes applicable.

Appears in 1 contract

Samples: Shareholder Agreements

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STATUS OF THIS AGREEMENT. 4.1. With effect from the commencement of the Program (i) the relationship of the Shareholders amongst themselves, in their capacities as Shareholders, as well as the relationship between the Shareholders, in their capacities as Shareholders, on the one hand, and the Company, on the other hand, shall be governed solely in terms of this agreement as read with the Company's constitutional documents ("Constitutional Documents"), and (ii) no party shall have any claim against any other party arising out of any previous shareholders’ agreement that may have existed in relation to the Company before the commencement of the Program. 4.2. If there is a conflict or inconsistency between the provisions of this agreement, the Constitutional Documents and/or the laws of the jurisdiction applicable to the Company, the parties shall negotiate in good faith within 7 business days of a written request by any Shareholder, with a view to finding a solution to remove such conflict or inconsistency, with the intent and purpose that the parties are placed, insofar as is reasonably possible, in substantially the same position as they would have been under the provisions of this agreement, but for the provisions of the Constitutional Documents or the applicable laws. 4.3. A complete and correct copy of the Constitutional Documents shall have been be provided to SBC prior to commencement of the ProgramSBC. The Constitutional Documents will not be amended without the prior written consent of SBC, if any such amendment would have the effect of altering any of the terms of this agreement, or otherwise altering or nullifying any rights afforded to SBC in terms of this agreement. SBC shall be provided with a copy of the amended Constitutional Documents, if applicable, as soon as any such amendment becomes applicable.

Appears in 1 contract

Samples: Shareholder Agreements

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