Examples of Aggregate Annual Cap Amount in a sentence
The directors, including independent non-executive directors, of the Company are of the view that the terms (including the Aggregate Annual Cap Amount) of the Renewal Master Agreement and the relevant transactions thereunder are on normal commercial terms with reference to the prevailing market conditions, are fair and reasonable, and are in the interests of the Company and its shareholders as a whole.
Since one or more of the applicable percentage ratios set out in Rule 14.07 of the Listing Rules in respect of the Aggregate Annual Cap Amount is/are greater than the 0.1% threshold under Rule 14A.33(3), while all such ratios are below the 5% threshold under Rule 14A.34 of the Listing Rules, the Transactions are exempt from the independent shareholders’ approval requirement under Rule 14A.34, but are subject to requirements regarding announcement and reporting etc.
In the event that for any financial year during the term of the Renewal Master Agreement, the aggregate amount of rental and/or turnover commission payable by the Group under all Individual Agreements would exceed the Aggregate Annual Cap Amount, Wisdom Gateway agrees to, or will procure any of its relevant subsidiaries to agree to, unconditionally waive any such rental and/or turnover commission to the extent and so that such aggregate amount shall remain within the Aggregate Annual Cap Amount.
Aggregate Annual Cap Amount : For each of the three financial years of the Company ending 31 March 2016, 2017 and 2018, the aggregate annual amount payable by the WGL Group’s Concessionaires to the Eligible Head Tenants in relation to concession arrangements in Eligible Premises will be capped at HK$36.0 million.
Going forward, no further announcement will be issued by the Company on each occasion any member of the Group enters into Individual Agreement(s) with any subsidiary of Wisdom Gateway in future, subject to the fulfillment of the conditions stipulated in the Master Agreement as Revised, particularly the Aggregate Annual Cap Amount as revised not being exceeded.
Going forward, during the renewal term as set out in the Renewal Master Concession Agreement, no further announcement will be issued by the Company during the Term on each occasion any Eligible Head Tenant(s) and any WGL Group’s Concessionaire(s) enter into any Individual Concession Agreement(s), subject to fulfillment of the terms and/or conditions stipulated in the Renewal Master Concession Agreement and as mentioned above, particularly the relevant Aggregate Annual Cap Amount not being exceeded.
The Aggregate Annual Cap Amount represents the estimated maximum possible aggregate annual rental and/or turnover commission amounts payable by the WGL Group’s Concessionaires to the Eligible Head Tenants, with reference to (i) the historic rental records in respect of the concession arrangements under the Existing Master Concession Agreement, projected on the basis of the current economic sentiment; and (ii) anticipated economic conditions in the next several years; plus a suitable cushion.
The directors, including independent non-executive directors, of the Company are of the view that the Transactions are on normal commercial terms with reference to the prevailing market conditions, and believe that the terms of the Supplemental Agreement (including the Aggregate Annual Cap Amount as revised) and of the Tenancy Agreement (including the annual rent payable thereunder) are fair and reasonable, and are in the interests of the Company and its shareholders as a whole.
The purpose of the Master Tenancy Agreement is, among others, to regulate, for the said three- year period, the maximum Aggregate Annual Cap Amount that will be payable by the Eligible Tenants to the Eligible Landlords under all Tenancy Agreements in relation to leasing of the Eligible Premises.
Since certain of the applicable percentage ratios set out in Rule 14.07 of the Listing Rules in respect of the Aggregate Annual Cap Amount are greater than the 0.1% threshold under Rule 14A.76(1)(a) of the Listing Rules, while all such ratios are below the 5% threshold under Rule 14A.76(2)(a) of the Listing Rules, the Transactions are exempt from, inter alia, independent shareholders’ approval requirement, but are subject to requirements regarding announcement and reporting etc.