TERMS FOR NEW LISTING OF SECURITIES. 2.1 You authorize Delta Asia to complete such application form as may be required, and represents and warrants to Delta Asia that all representations, warranties, confirmations and undertakings on the part of the applicant contained or incorporated in the application form are true and accurate in respect of you. 2.2 You agree to be bound by the terms of the new issue and in particular, you hereby: (A) warrants and undertakes that the Application shall be the only application made by you or on your behalf for your benefit in respect of the same issue of securities and you shall make no other application in that issue; (B) authorizes Delta Asia to represent and warrant to SEHK that no other application shall be made or shall be intended to be made by you or for your benefit; (C) acknowledges that any application made by an unlisted company which does not carry on any business other than dealing in securities and in respect of which you exercises statutory control shall be deemed to be an application made for the benefit of you; and (D) acknowledges that Delta Asia will reply on the above warranties, undertakings and authorizations in making the Application. 2.3 In relation to a bulk application to be made by Delta Asia on behalf of Delta Asia and/or you and/or Delta Asia’s other clients, you acknowledge and agree: (A) that if such bulk application may be rejected for reasons which are unrelated to you, Delta Asia , in absence of fraud, gross negligence or willful default, shall not be liable to you or any other person in consequence of such rejection; and (B) to indemnify Delta Asia in accordance with Clause 18.2 of the General Terms and Conditions if such bulk application is rejected because of any breach of representations and warranties or otherwise arising from factors relating to you. 2.4 You may at the same time request Delta Asia to provide a loan to finance the Application (the “Loan”), the following provisions shall apply: (A) Delta Asia has discretion to accept or reject the request for the Loan. (B) Upon the acceptance of the request for the Loan, the employee or representative of Delta Asia will verbally or in writing confirm the terms of the Loan (“Agreed Loan Terms”) as agreed between Delta Asia and you, which shall be conclusive and binding on you. (C) Before the provision of the Loan, you shall provide Delta Asia a deposit, which shall form part of the proceeds for the Application, in the amount and within the time in accordance with the Agreed Loan Terms. (D) Unless contrary to the Agreed Loan Terms: (i) the Loan amount is the total price of the securities (including applicable charges) applied under the Application less the amount of deposit in Clause 2.4(C); and (ii) you have no right to repay the Loan, in part or full, before the date of repayment in accordance with the Agreed Loan Terms. (E) The interest rate applicable to the Loan shall be determined under the Agreed Loan Terms. (F) When Delta Asia receives any refund in respect of the Application, Delta Asia has the right, at its discretion, to apply the same or part of it towards the discharge of the Loan including any interest accrued thereon and/or return the same or the remaining balance (if any) to you, whether before or after the repayment date in accordance with the Agreed Loan Terms. (G) In consideration for Delta Asia’s granting of the Loan to you, you charge to Delta Asia by way of first fixed charge as a continuing security for the full repayment of the Loan and the accrued interest thereon, all the securities acquired on behalf of you under the Application in respect of which the Loan is provided. You have no right to the possession of the aforesaid securities until the full repayment of the Loan (including interest accrued thereon). You authorise Delta Asia to dispose of the aforesaid charged securities without prior notice to you for discharge of the liabilities owing to Delta Asia under the Loan so long as the Loan (including interest thereon) has not been repaid in full.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
TERMS FOR NEW LISTING OF SECURITIES. 2.1 You authorize Delta Asia EGFGL to complete such application form as may be required, and represents and warrants to Delta Asia EGFGL that all representations, warranties, confirmations and undertakings on the part of the applicant contained or incorporated in the application form are true and accurate in respect of you.
2.2 You agree to be bound by the terms of the new issue and in particular, you hereby:
(A) warrants warrant and undertakes undertake that the Application shall be the only application made by you or on your behalf for your benefit in respect of the same issue of securities and you shall make no other application in that issue;
(B) authorizes Delta Asia authorize EGFGL to represent and warrant to SEHK that no other application shall be made or shall be intended to be made by you or for your benefit;
(C) acknowledges acknowledge that any application made by an unlisted company which does not carry on any business other than dealing in securities and in respect of which you exercises exercise statutory control shall be deemed to be an application made for the benefit of you; and
(D) acknowledges acknowledge that Delta Asia EGFGL will reply on the above warranties, undertakings and authorizations in making the Application.
2.3 In relation to a bulk application to be made by Delta Asia EGFGL on behalf of Delta Asia EGFGL and/or you and/or Delta AsiaEGFGL’s other clients, you acknowledge and agree:
(A) that if such bulk application may be rejected for reasons which are unrelated to you, Delta Asia EGFGL , in absence of fraud, gross negligence or willful default, shall not be liable to you or any other person in consequence of such rejection; and
(B) to indemnify Delta Asia EGFGL in accordance with Clause 18.2 of the General Terms and Conditions if such bulk application is rejected because of any breach of representations and warranties or otherwise arising from factors relating to you.
2.4 You may at the same time request Delta Asia EGFGL to provide a loan to finance the Application (the “Loan”), the following provisions shall apply:
(A) Delta Asia EGFGL has discretion to accept or reject the request for the Loan.
(B) Upon the acceptance of the request for the Loan, the employee or representative of Delta Asia EGFGL will verbally or in writing confirm the terms of the Loan (“Agreed Loan Terms”) as agreed between Delta Asia EGFGL and you, which shall be conclusive and binding on you.
(C) Before the provision of the Loan, you shall provide Delta Asia EGFGL a deposit, which shall form part of the proceeds for the Application, in the amount and within the time in accordance with the Agreed Loan Terms.
(D) Unless contrary to the Agreed Loan Terms:
(i) the Loan amount is the total price of the securities (including applicable charges) applied under the Application less the amount of deposit in Clause 2.4(C); and
(ii) you have no right to repay the Loan, in part or full, before the date of repayment in accordance with the Agreed Loan Terms.
(E) The interest rate applicable to the Loan shall be determined under the Agreed Loan Terms.
(F) When Delta Asia EGFGL receives any refund in respect of the Application, Delta Asia EGFGL has the right, at its discretion, to apply the same or part of it towards the discharge of the Loan including any interest accrued thereon and/or return the same or the remaining balance (if any) to you, whether before or after the repayment date in accordance with the Agreed Loan Terms.
(G) In consideration for Delta AsiaEGFGL’s granting of the Loan to you, you charge to Delta Asia EGFGL by way of first fixed charge as a continuing security for the full repayment of the Loan and the accrued interest thereon, all the securities acquired on behalf of you under the Application in respect of which the Loan is provided. You have no right to the possession of the aforesaid securities until the full repayment of the Loan (including interest accrued thereon). You authorise Delta Asia EGFGL to dispose of the aforesaid charged securities without prior notice to you for discharge of the liabilities owing to Delta Asia EGFGL under the Loan so long as the Loan (including interest thereon) has not been repaid in full.
Appears in 1 contract
Samples: Client Agreement
TERMS FOR NEW LISTING OF SECURITIES. 2.1 You authorize Delta Asia Xxxxx to complete such application form as may be required, and represents and warrants to Delta Asia Jimei that all representations, warranties, confirmations and undertakings on the part of the applicant contained or incorporated in the application form are true and accurate in respect of you.
2.2 You agree to be bound by the terms of the new issue and in particular, you hereby:
(A) warrants and undertakes that the Application shall be the only application made by you or on your behalf for your benefit in respect of the same issue of securities and you shall make no other application in that issue;
(B) authorizes Delta Asia Xxxxx to represent and warrant to SEHK that no other application shall be made or shall be intended to be made by you or for your benefit;
(C) acknowledges that any application made by an unlisted company which does not carry on any business other than dealing in securities and in respect of which you exercises statutory control shall be deemed to be an application made for the benefit of you; and
(D) acknowledges that Delta Asia Xxxxx will reply on the above warranties, undertakings and authorizations in making the Application.
2.3 In relation to a bulk application to be made by Delta Asia Jimei on behalf of Delta Asia Xxxxx and/or you and/or Delta AsiaXxxxx’s other clients, you acknowledge and agree:
(A) that if such bulk application may be rejected for reasons which are unrelated to you, Delta Asia Xxxxx , in absence of fraud, gross negligence or willful default, shall not be liable to you or any other person in consequence of such rejection; and
(B) to indemnify Delta Asia Jimei in accordance with Clause 18.2 of the General Terms and Conditions if such bulk application is rejected because of any breach of representations and warranties or otherwise arising from factors relating to you.
2.4 You may at the same time request Delta Asia Xxxxx to provide a loan to finance the Application (the “Loan”), the following provisions shall apply:
(A) Delta Asia Xxxxx has discretion to accept or reject the request for the Loan.
(B) Upon the acceptance of the request for the Loan, the employee or representative of Delta Asia Xxxxx will verbally or in writing confirm the terms of the Loan (“Agreed Loan Terms”) as agreed between Delta Asia Xxxxx and you, which shall be conclusive and binding on you.
(C) Before the provision of the Loan, you shall provide Delta Asia Jimei a deposit, which shall form part of the proceeds for the Application, in the amount and within the time in accordance with the Agreed Loan Terms.
(D) Unless contrary to the Agreed Loan Terms:
(i) the Loan amount is the total price of the securities (including applicable charges) applied under the Application less the amount of deposit in Clause 2.4(C); and
(ii) you have no right to repay the Loan, in part or full, before the date of repayment in accordance with the Agreed Loan Terms.
(E) The interest rate applicable to the Loan shall be determined under the Agreed Loan Terms.
(F) When Delta Asia Xxxxx receives any refund in respect of the Application, Delta Asia Xxxxx has the right, at its discretion, to apply the same or part of it towards the discharge of the Loan including any interest accrued thereon and/or return the same or the remaining balance (if any) to you, whether before or after the repayment date in accordance with the Agreed Loan Terms.
(G) In consideration for Delta AsiaXxxxx’s granting of the Loan to you, you charge to Delta Asia Jimei by way of first fixed charge as a continuing security for the full repayment of the Loan and the accrued interest thereon, all the securities acquired on behalf of you under the Application in respect of which the Loan is provided. You have no right to the possession of the aforesaid securities until the full repayment of the Loan (including interest accrued thereon). You authorise Delta Asia authorize Xxxxx to dispose of the aforesaid charged securities without prior notice to you for discharge of the liabilities owing to Delta Asia Jimei under the Loan so long as the Loan (including interest thereon) has not been repaid in full.
Appears in 1 contract
Samples: Client Agreement