Common use of VARIATION OF RIGHTS Clause in Contracts

VARIATION OF RIGHTS. 6.1 Subject to the provisions of the Companies Act, if at any time the capital of the Company is divided into different classes of shares, all or any of the rights attached to any existing class may from time to time be varied or abrogated, either while the Company is a going concern or during or in contemplation of a winding up: (a) in such manner (if any) as may be provided by those rights; (b) with the written consent of the holders of 75% in nominal value of the issued shares of that class (excluding any shares of that class held as treasury shares), which consent shall be in hard copy form or in electronic form sent to such address (if any) for the time being specified by or on behalf of the Company for that purpose, or in default of such specification to the Office, and may consist of several documents, each executed or authenticated in such manner as the Board may approve by or on behalf of one or more holders, or a combination of both; or (c) with the sanction of a special resolution passed at a separate meeting of the holders of the shares of that class, but not otherwise. 6.2 For the purposes of Article 6.1, if at any time the capital of the Company is divided into different classes of shares, unless otherwise expressly provided by the rights attached to any share or class of shares, those rights shall be deemed not to be varied by: (a) the issue of further shares ranking pari passu with, or subsequent to, that share or class of shares; (b) the purchase or redemption by the Company of any of its own shares; and (c) the exercise by the Board of any of the powers contemplated by Articles 38.7, 38.8 and 39.1.

VARIATION OF RIGHTS. 6.1 Subject to these Articles and the provisions of the Companies Act, if at any time the capital of the Company is divided into different classes of shares, all or any of the rights attached to any existing class may from time to time be varied or abrogated, either while the Company is a going concern or during or in contemplation of a winding up: (a) in such manner (if any) as may be provided by those rights; (b) with the written consent of the holders of 75% in nominal value of the issued shares of that class (excluding any shares of that class held as treasury shares), which consent shall be in hard copy form or in electronic form sent to such address (if any) for the time being specified by or on behalf of the Company for that purpose, or in default of such specification to the Office, and may consist of several documents, each executed or authenticated in such manner as the Board may approve by or on behalf of one or more holders, or a combination of both; or (c) with the sanction of a special resolution passed at a separate meeting of the holders of the shares of that class, but not otherwise. 6.2 For the purposes of Article 6.1, if at any time the capital of the Company is divided into different classes of shares, unless otherwise expressly provided by the rights attached to any share or class of shares, those rights shall be deemed not to be varied or abrogated by: (a) the issue of further shares ranking pari passu with, or subsequent to, that share or class of shares; (b) the purchase or redemption by the Company of any of its own shares; and (c) the exercise by the Board of any of the powers contemplated by Articles 38.7, 38.8 and 39.1.

VARIATION OF RIGHTS. 6.1 Subject to these Articles and the provisions of the Companies Act, if at any time the capital of the Company is divided into different classes of shares, all or any of the rights attached to any existing class may from time to time be varied or abrogated, either while the Company is a going concern or during or in contemplation of a winding up: (a) in such manner (if any) as may be provided by those rights;; or (b) subject to Article 6.4 and 6.5, with the written consent of the holders of 75% three-quarters in nominal value of the issued shares of that class (excluding any shares of that class held as treasury shares), which consent shall be in hard copy form or in electronic form sent to such address (if any) for the time being specified by or on behalf of the Company for that purpose, or in default of such specification to the Office, and may consist of several documents, each executed or authenticated in such manner as the Board may approve by or on behalf of one or more holders, or a combination of both; or (c) with the sanction of a special resolution passed at a separate meeting of the holders of the shares of that class, but not otherwise. 6.2 All the Articles relating to general meetings will apply to any such class meeting, with any necessary changes. The following changes will also apply: (a) a quorum will be present if at least two members who are entitled to vote are present in person or by proxy who own at least a majority in nominal value of the issued shares of the class (excluding any shares of that class held as treasury shares); (b) at an adjourned meeting, a quorum will be present if at least two members who are entitled to vote are present in person or by proxy who own at least a majority in nominal value of the issued shares of the class (excluding any shares of that class held as treasury shares); and (c) the Company shall solicit proxies and provide proxy statements for all class meetings. 6.3 For the purposes of Article 6.1, if at any time the capital of the Company is divided into different classes of shares, unless otherwise expressly provided by the rights attached to any share or class of shares, those rights shall be deemed not to be varied or abrogated by: (a) the issue of further shares ranking pari passu with, or subsequent to, that share or class of shares; (b) the purchase or redemption by the Company of any of its own shares; and (c) the exercise by the Board of any of the powers contemplated by Articles 38.739.9, 38.8 39.10 and 39.140.1. 6.4 In accordance with Article 4.1 and subject to Article 6.5, for the purpose of the variation or abrogation of the rights attaching to the Ordinary Shares and the A Ordinary Shares pursuant to Article 6.1 the Ordinary Shares and A Ordinary Shares shall constitute the same class of shares. 6.5 Article 6.4 will not apply, and the Ordinary Shares and A Ordinary Shares will constitute separate classes of shares for the purpose of Article 6.1, where the effect of the variation or abrogation is that the differences in the economic and voting rights as between the Ordinary Shares and A Ordinary Shares will cease to be the same in all material respects as such differences existed as at the date of adoption of these Articles.

VARIATION OF RIGHTS. 6.1 Subject to these Articles and the provisions of the Companies Act, if at any time the capital of the Company is divided into different classes of shares, all or any of the rights attached to any existing class may from time to time be varied or abrogated, either while the Company is a going concern or during or in contemplation of a winding up: (a) in such manner (if any) as may be provided by those rights;; or (b) subject to Article 6.4 and 6.5, with the written consent of the holders of 75% three-quarters in nominal value of the issued shares of that class (excluding any shares of that class held as treasury shares), which consent shall be in hard copy form or in electronic form sent to such address (if any) for the time being specified by or on behalf of the Company for that purpose, or in default of such specification to the Office, and may consist of several documents, each executed or authenticated in such manner as the Board may approve by or on behalf of one or more holders, or a combination of both; or (c) with the sanction of a special resolution passed at a separate meeting of the holders of the shares of that class, but not otherwise. 6.2 All the Articles relating to general meetings will apply to any such class meeting, with any necessary changes. The following changes will also apply: (a) a quorum will be present if at least two members who are entitled to vote are present in person or by proxy who own at least a majority in nominal value of the issued shares of the class (excluding any shares of that class held as treasury shares); (b) at an adjourned meeting, a quorum will be present if at least two members who are entitled to vote are present in person or by proxy who own at least a majority in nominal value of the issued shares of the class (excluding any shares of that class held as treasury shares); and (c) the Company shall solicit proxies and provide proxy statements for all class meetings. 6.3 For the purposes of Article 6.1, if at any time the capital of the Company is divided into different classes of shares, unless otherwise expressly provided by the rights attached to any share or class of shares, those rights shall be deemed not to be varied or abrogated by: (a) the issue of further shares ranking pari passu with, or subsequent to, that share or class of shares; (b) the purchase or redemption by the Company of any of its own shares; and (c) the exercise by the Board of any of the powers contemplated by Articles 38.739.9, 38.8 39.10 and 39.140.1. 6.4 In accordance with Article 4.1 and subject to Article 6.5, for the purpose of the variation or abrogation of the rights attaching to the Ordinary Shares and the A Ordinary Shares pursuant to Article 6.1 the Ordinary Shares and A Ordinary Shares shall constitute the same class of shares.

VARIATION OF RIGHTS. 6.1 Subject to these Articles and the provisions of the Companies Act, if at any time the capital of the Company is divided into different classes of shares, all or any of the rights attached to any existing class may from time to time be varied or abrogated, either while the Company is a going concern or during or in contemplation of a winding up: (a) in such manner (if any) as may be provided by those rights;; or (b) subject to Article 6.4 and 6.5, with the written consent of the holders of 75% three-quarters in nominal value of the issued shares of that class (excluding any shares of that class held as treasury shares), which consent shall be in hard copy form or in electronic form sent to such address (if any) for the time being specified by or on behalf of the Company for that purpose, or in default of such specification to the Office, and may consist of several documents, each executed or authenticated in such manner as the Board may approve by or on behalf of one or more holders, or a combination of both; or (c) with the sanction of a special resolution passed at a separate meeting of the holders of the shares of that class, but not otherwise. 6.2 Subject to the provisions of the Companies Act, all the Articles relating to general meetings will apply to any such class meeting, with any necessary changes. 6.3 For the purposes of Article 6.1, if at any time the capital of the Company is divided into different classes of shares, unless otherwise expressly provided by the rights attached to any share or class of shares, those rights shall be deemed not to be varied or abrogated by: (a) the issue of further shares ranking pari passu with, or subsequent to, that share or class of shares; (b) the purchase or redemption by the Company of any of its own shares; and (c) the exercise by the Board of any of the powers contemplated by Articles 38.739.9, 38.8 39.10 and 39.140.1. 6.4 In accordance with Article 4.1 and subject to Article 6.5, for the purpose of the variation or abrogation of the rights attaching to the Ordinary Shares and the A Ordinary Shares pursuant to Article 6.1 the Ordinary Shares and A Ordinary Shares shall constitute the same class of shares.