Underwriting commission and incentive fee. Subject to this Agreement having become unconditional and not having been terminated in accordance with the terms hereof, the Company shall pay or cause to be paid to the Overall Coordinators (for themselves and on behalf of the Hong Kong Underwriters) an underwriting commission equal to 2.8 per cent of the aggregate Offer Price in respect of all of the Hong Kong Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and 4.12, respectively)("Fixed Fee"). The respective entitlements of the Hong Kong Underwriters to the Hong Kong underwriting commission will be paid as separately agreed between the Overall Coordinators, the Hong Kong Underwriters and the Capital Market Intermediaries and in any event in accordance with such engagement letters between the Company and the respective Overall Coordinators and the Capital Market Intermediaries. In addition, the Company may, at its absolute discretion, pay to the Hong Kong Underwriters an incentive fee up to but not exceeding 1.2 per cent of the aggregate Offer Price ("Incentive Fee") in respect of all of the Hong Kong Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and 4.12, respectively), the amount of which and the respective entitlement of the Hong Kong Underwriters and the Overall Coordinators are expected to be determined on or before the Price Determination Date. In exercising the discretion in respect of the Incentive Fee, the price performance of the Company's Shares subsequent to the consummation of the Global Offering shall not be taken into account by the Company and the Incentive Fees shall be paid to the Overall Coordinators (for and on behalf of the Hong Kong Underwriters) on the Listing Date.
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Samples: Hong Kong Underwriting Agreement
Underwriting commission and incentive fee. Subject to this Agreement having become unconditional and not having been terminated in accordance with and the terms hereofHong Kong Underwriters performing their respective obligation to subscribe or procure subscribers for the Hong Kong Offer shares, the Company shall pay or cause to be paid to the Overall Coordinators (for themselves and on behalf of the Hong Kong Underwriters) Underwriters an underwriting commission equal to 2.8 per cent 3% of the aggregate Offer Price in respect of all of the Hong Kong Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and 4.12, respectively)("Fixed Fee"respectively), of which no less than 65% shall be paid to the Sole Overall Coordinator. For the avoidance of doubt, no underwriting commission shall be paid in respect of any International Offer Shares reallocated to the Hong Kong Public Offering under this Agreement. The respective entitlements of the Hong Kong Underwriters to the Hong Kong underwriting commission will shall be paid as separately agreed between set out in the Overall Coordinators, the Hong Kong Underwriters and the Capital Market Intermediaries and in any event in accordance with such engagement letters between the Company and the respective Overall Coordinators and the Capital Market IntermediariesInternational Underwriting Agreement. In addition, the Company may, at in its sole and absolute discretion, pay to the Hong Kong Underwriters an a discretionary incentive fee up to but not exceeding 1.2 per cent 1% of the aggregate Offer Price ("Incentive Fee") in respect of all of the Hong Kong Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and 4.12, respectively), the amount of which and the respective entitlement of such fee to be allocated among the Hong Kong Underwriters and the Overall Coordinators are expected to in such proportions as may be determined by the Company in its sole and absolute discretion. The Company shall notify the Hong Kong Underwriters on or before the Price Determination Date. In exercising Date whether any discretionary incentive fee will be paid (including the discretion in respect respective entitlements of the Incentive Fee, the price performance of the Company's Shares subsequent each Hong Kong Underwriter to the consummation of the Global Offering such discretionary incentive fee) and such discretionary incentive fee shall not be taken into account paid by the Company and the Incentive Fees shall be paid to the Overall Coordinators (for and on behalf of the Hong Kong Underwriters) on the Listing Date.
Appears in 1 contract
Samples: Hong Kong Underwriting Agreement
Underwriting commission and incentive fee. Subject to this Agreement having become unconditional and not having been terminated in accordance with the terms hereof, the The Company shall pay or cause to be paid to the Overall Coordinators and the Joint Global Coordinators (for themselves and on behalf of the Hong Kong Underwriters) an underwriting commission equal to 2.8 2.5 per cent of the aggregate Offer Price in respect of all of the Hong Kong Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and 4.12, respectively)("Fixed Fee"4) (the “Underwriting Commission”). The respective entitlements of the Hong Kong Underwriters to the Hong Kong underwriting commission Underwriting Commission will be paid as separately set out in the International Underwriting Agreement and agreed between the Company on the one hand, and the Overall Coordinators, Coordinators and the Joint Global Coordinators (for themselves and on behalf of the Hong Kong Underwriters and the Capital Market Intermediaries Intermediaries) on the other hand, and in any event shall be dealt with in accordance with such engagement letters between the Company Agreement Among Hong Kong Underwriters and the respective Overall Coordinators and Agreement Among International Underwriters (as the Capital Market Intermediariescase may be). In addition, the Company may, at may in its sole and absolute discretion, discretion pay to the Hong Kong Underwriters an a discretionary incentive fee up to but not exceeding 1.2 2.0 per cent cent. of the aggregate Offer Price ("Incentive Fee") in respect of all each of the Hong Kong Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and 4.12, respectively4) (the “Incentive Fee”), the amount of which and the respective entitlement of . The Company shall notify the Hong Kong Underwriters and the Overall Coordinators are expected to be determined on or before the Price Determination Date. In exercising Listing Date whether any Incentive Fee will be paid (including the discretion in respect respective entitlements of the each Hong Kong Underwriter to such Incentive Fee, the price performance of the Company's Shares subsequent to the consummation of the Global Offering shall not be taken into account by the Company if any) and the Incentive Fees Fee payable to GTJA Securities shall be paid deducted pursuant to the Overall Coordinators (for and on behalf of the Hong Kong Underwriters) on the Listing DateClause 5.2).
Appears in 1 contract
Samples: Hong Kong Underwriting Agreement
Underwriting commission and incentive fee. Subject to In consideration of the Hong Kong Underwriters assuming their Hong Kong Public Offering Underwriting Commitment under this Agreement having become unconditional and not having been terminated in accordance with the terms hereofAgreement, the Company shall pay or cause to be paid to the Overall Coordinators Sole Representative (for themselves itself and on behalf of the Hong Kong Underwriters) an underwriting commission equal to 2.8 3.0 per cent cent. of the aggregate Offer Price in respect of all of the Hong Kong Public Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Public Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and 4.12, respectively)("Fixed Fee")4) unless otherwise provided in the International Underwriting Agreement. The respective entitlements of the Sole Representative and the Hong Kong Underwriters to the Hong Kong underwriting commission will shall be paid as separately agreed between the Overall Coordinators, shared among all the Hong Kong Underwriters in proportion to their respective Hong Kong Public Offering Underwriting Commitment. For the avoidance of doubt, no underwriting commission in respect of any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Public Offer Shares reallocated to the Capital Market Intermediaries and in any event International Offering shall be paid to the Hong Kong Underwriters as the relevant underwriting commission relating to such Offer Shares will be payable to the International Underwriters in accordance with such engagement letters between the Company and the respective Overall Coordinators and the Capital Market IntermediariesInternational Underwriting Agreement. In addition, the Company may, at its sole and absolute discretion, to pay to any one or all of the Hong Kong Underwriters an incentive fee in aggregate of up to but not exceeding 1.2 6.0 per cent cent. of the aggregate Offer Price ("Incentive Fee") in respect of for all of the Hong Kong Public Offer Shares (excluding any International Offer Shares reallocated to the Hong Kong Public Offering and any Hong Kong Public Offer Shares reallocated to the International Offering, in each case pursuant to Clause 4.11 and Clause 4.12, respectively)) (the “Incentive Fee”) on the Listing Date, the payment and amount of which and the respective entitlement of the Hong Kong Underwriters and the Overall Coordinators are is expected to be determined on or before the Price Determination Date. In exercising the discretion in respect of the Incentive Fee, the price performance of the Company's Shares subsequent to the consummation of the Global Offering shall not be taken into account by the Company and the Incentive Fees shall be paid to the Overall Coordinators (for and on behalf of the Hong Kong Underwriters) on the Listing Date.
Appears in 1 contract
Samples: Hong Kong Underwriting Agreement