Undertaking by the Company. The Company undertakes that it shall seek all necessary regulatory approvals (including, without limiting the generality of the foregoing, the approval of the Bermuda Monetary Authority (Controller of Foreign Exchange)) prior to the issue of Warrant Shares as soon as practicable following any exercise of this Warrant pursuant to this Warrant certificate.
Undertaking by the Company. Subject to the PMSB Initial Closing and EEV Initial Closing, the Company undertakes to PMSB and EEV (as the case may be) to carry out the following within 1 year from the PMSB Subsequent Closing and EEV Subsequent Closing (as the case may be) (subject to extension by agreement with PMSB or EEV (as the case may be)):
(a) to provide to PMSB and EEV (as the case may be) a clear arrangement on the ownership of future intellectual property developed by the Company;
(b) to put in place a comprehensive training programme to transfer the know-how from US experts to the Malaysian team; and
(c) the Company entering into a research and development agreement or understanding to pursue agrobiotechnology research and development with a reputable Malaysian entity. Share Subscription Agreement |
Undertaking by the Company. THE SELLING SHAREHOLDER AND THE EXECUTIVE DIRECTORS Each of the Company, the Selling Shareholder and the Executive Directors undertakes to use its best endeavours to procure that the Conditions are fulfilled by the times and dates stated therein, and in particular shall furnish such information, supply such documents, pay such fees, give such undertakings and do all such acts and things as may be required by HSBC (on behalf of the International Placing Underwriters), the Stock Exchange, the SFC and any relevant Governmental Authority in connection with the application for the listing of and permission to deal in the Shares on the Stock Exchange or the fulfilment of the Conditions.
Undertaking by the Company. Subject to the Closing, the Company undertakes to KMP to carry out the following within 1 year from the Closing Date (subject to extension by agreement with KMP):
(a) to provide to KMP (as the case may be) a clear arrangement on the ownership of future intellectual property developed by the Company;
(b) to put in place a comprehensive training programme to transfer the know-how from US experts to the Malaysian team; and
(c) the Company entering into a research and development agreement or understanding to pursue agrobiotechnology research and development with a reputable Malaysian entity.
Undertaking by the Company. 7.1 The Company hereby undertakes as follows:
7.1.1 If the consent, permit, waiver, authorization of any third party or the approval, permit, exemption, or any registration or filing (if legally required) with any government authority is necessary for the execution of this Agreement and the grant of Transfer Option or Assets Purchase Option, the Company shall use its best effort to assist the fulfillment of the above conditions.
7.1.2 Without the written consent of Tianjin Xxxxx, the Company shall not assist or permit the Existing Shareholders to transfer, or dispose of in other methods, or create any encumbrances or third party restrictions on, any Option Equity.
7.1.3 Without the written consent of Tianjin Xxxxx, the Company shall not transfer, or dispose of any Material assets in other methods (except for those occur in ordinary business operations), or create any encumbrances or third party restrictions on, any Company’s material Assets.
7.1.4 The company should not carry on or permit any conduct or action which may adversely affect the interest of Tianjin Frank’s hereunder, including but not restricted to any conduct or action in Term 6.1.
Undertaking by the Company. The Company hereby undertakes, confirms and assures as follows:
(a) The Company shall furnish to the Debenture Trustee at the Company’s own expense such information and reports, regarding the Secured Assets, as the Debenture Trustee may reasonably request.
(b) The Security Providers shall execute and sign (and procure the execution and signing by the Company) all power(s) of attorney, proxies and other documents and to do or permit to be done every act or thing or undertake from time to time all actions requested by the Debenture Trustee (including without limitation the making or delivery of filings, the payment of fees and charges and the issuance of supplemental documentation or procuring registration of the Secured Assets) under or pursuant to the Transaction Documents which may be necessary or expedient, for:
(i) maintaining and enforcing the Security Interest created in favour of the Debenture Trustee for the benefit of the NCD Holders under the Transaction Documents;
(ii) preserving and protecting the Secured Assets, and the rights and remedies of the Secured Parties under or pursuant to the Transaction Documents;
(iii) effectively exercising the rights and remedies of the Secured Parties under or pursuant to the Transaction Documents; and
(iv) cause an appropriate entry or note of the Transaction Documents to be made in its records.
(c) The Company shall, from time to time, furnish the details of its existing borrowings and future borrowing.
(d) The Company shall submit to the Stock Exchange for dissemination, along with the half yearly financial results, a half- yearly communication, counter signed by the Debenture Trustee, containing inter-alia the following information:
(i) Credit rating of the NCDs;
(ii) Security cover available for the NCDs;
(iii) Status of the Security Interest created in relation to the NCDs;
(iv) Debt-Equity ratio;
(v) Previous due date for the payment of Coupon and whether the same has been paid or not; Next due date for the payment of Coupon.
(e) The Company shall provide, if required by the Debenture Trustee, such half- yearly or quarterly reports in relation to a updated list of NCD Holders with ISIN, confirmation on payment of Coupon, details of all grievances received from the NCD Holders and the steps taken by the Company to redress the same, change (if any) in composition of Board and management control of the Company, latest credit ratings (if available) and certificate from insurance (if available) and any further...
Undertaking by the Company. Commissioner, the Company submits that FWA should approve the Enterprise Agreement by accepting the following undertaking in relation to Clause 28 ‘Dispute Avoidance Procedure’ of the Enterprise Agreement:
Undertaking by the Company. 7.1 Instructions given by the Pledgee The Company undertakes to comply promptly with such instructions as may be given to it by the Pledgee (i) to perfect or protect the Pledge or the priority of the Pledge and (ii) to facilitate the realisation of the Pledged Assets or the exercise of any rights vested in the Secured Parties and/or the Pledgee.
7.2 Amendment of the terms and conditions of the PECs The Pledgor and the Company undertake for the benefit of the Pledgee that the terms and conditions of the PECs may not be amended without the prior written approval of the Pledgee.
Undertaking by the Company. The Company has undertaken that from the date of the Framework Disposal Agreement to the date of Completion of Construction, it shall procure Xxxxxx Tianjin and the Target Company (as the case may be) to:
Undertaking by the Company. The Company hereby agrees to waive the requirement in clause 3.2 of the 1999 Subscription Agreement that the Company be given 10 business days notice before the Preference Conversion Date (as such term is defined in the 1999 Subscription Agreement).
