Common use of Transfer of Share Tokens Clause in Contracts

Transfer of Share Tokens. This section defines the transfer of Shares that are issued as Share Tokens in accordance with article 973f CO and the articles of association of the Issuer. Any action that technically transfers the direct or indirect power of disposal of the Share Token to the new Share Token Holder constitutes a transfer. This includes, but is not limited to ERC-20 token transfers to a new address, the handover of a private key in the form of a paper wallet, the internal assignment of the token to a different client of an intermediary that stores the token on behalf of the client, the change of ownership of a smart contract through which the token is held, or even the theft of a token by a hacker. If the Smart Contract specified in section 1 includes an allowlist, the technical transfer of Share Tokens may be subject to the target address being allowlisted, thereby technically preventing transfers to addresses that have not been previously approved by the Issuer. In case of a technical transfer without a valid underlying legal cause (e.g. in case of theft), it is the prior Share Token Holder's sole responsibility to take appropriate legal action. Except in case of an enforceable judgment or clear evidence to the contrary, the Issuer will allow the new Share Token Holder as the rightful beneficiary of the associated rights in accordance with art. 973 CO. If there are statutory transfer restrictions in place, the contractual validity of a transfer might be subject to the approval of the Issuer.

Transfer of Share Tokens. This section defines the transfer of Shares that are issued as Share Tokens in accordance with article 973f CO and the articles of association of the Issuer. Any action that technically transfers the direct or indirect power of disposal of the Share Token to the new Share Token Holder constitutes a transfer. This includes, but is not limited to ERC-20 token transfers to a new address, the handover of a private key in the form of a paper wallet, the internal assignment of the token to a different client of an intermediary that stores the token on behalf of the client, the change of ownership of a smart contract through which the token is held, or even the theft of a token by a hacker. If the Smart Contract specified in section 1 includes an allowlist, the technical transfer of Share Tokens may be subject to the target address being allowlisted, thereby technically preventing transfers to addresses that have not been previously approved by the Issuer. In case (i) the Share Tokens are subject to any transfer restrictions under the articles of association (Vinkulierung), and (ii) the allow-listing function is not enabled, the board of directors of the Issuer hereby approves all transfers of the Share Tokens. The board of directors reserves the right to withdraw this approval for specific transfers or acquirers at its own discretion. In case of a technical transfer without a valid underlying legal cause (e.g. in case of theft), it is the prior Share Token Holder's sole responsibility to take appropriate legal action. Except in case of an enforceable judgment or clear evidence to the contrary, the Issuer will allow the new Share Token Holder as the rightful beneficiary of the associated rights in accordance with art. 973 CO. If there are statutory transfer restrictions in place, the contractual validity of a transfer might be subject to the approval of the Issuer.

Transfer of Share Tokens. This section defines the transfer of Registered Shares that are issued as Share Tokens in accordance with article 973f CO and the articles of association of the Issuer. Any action that technically transfers the direct or indirect power of disposal of the Share Token to the new Share Token Holder constitutes a transfer. This includes, but is not limited to to, ERC-20 token transfers to a new address, the handover of a private key in the form of a paper wallet, the internal assignment of the token to a different client of an intermediary that stores the token on behalf of the client, the change of ownership of a smart contract through which the token is held, or even the theft of a token by a hacker. If the Smart Contract specified in section Section 1 includes an allowlist, the technical transfer of Share Tokens may be subject to the target address being allowlisted, thereby technically preventing transfers to addresses that have not been previously approved by the Issuer. In case of a technical transfer without a valid underlying legal cause (e.g. in case of theft), it is the prior Share Token Holder's sole responsibility to take appropriate legal action. Except in case of an enforceable judgment or clear evidence to the contrary, the Issuer will allow the new Share Token Holder as the rightful beneficiary of the associated rights in accordance with art. 973 article 973e CO. If there are statutory transfer restrictions in place, the contractual validity of a transfer might be subject to the approval of the Issuer.