Asanko Shares definition
Examples of Asanko Shares in a sentence
On and subject to the terms and conditions of this Agreement, GF Canco hereby subscribes for and agrees to purchase from Asanko, and Asanko hereby accepts such subscription and agrees to issue and sell to GF Canco, 22,354,657 Asanko Shares, representing 9.9% of the issued and outstanding Asanko Shares immediately following the issuance and sale thereof (the “Asanko Subscription Shares”).
During the previous 12 months, Asanko has not, directly or indirectly, declared or paid any dividend or declared or made any other distribution on any of its shares or securities of any class, or, directly or indirectly, redeemed, purchased or otherwise acquired any of its Asanko Shares or securities or agreed to do any of the foregoing.
The Asanko Shares are listed and posted for trading on the Exchanges, and neither Asanko nor its Subsidiaries has taken any action which would be reasonably expected to result in the delisting or suspension of the Asanko Shares on or from the Exchanges.
The Asanko Parties have taken all necessary corporate action to authorize the execution and delivery of this Agreement and the performance of their obligations hereunder, including all necessary corporate action by Asanko to validly issue and sell the Asanko Subscription Shares as fully paid and non-assessable Asanko Shares.
The authorized and issued share capital of Asanko consists of an unlimited number of Asanko Shares and an unlimited number of preferred shares of which 203,449,957 Asanko Shares and nil preferred shares were issued and outstanding as at the close of business on March 28, 2018.
The Asanko Subscription Shares have been duly and validly authorized for issuance and sale pursuant to this Agreement and when issued and delivered by Asanko pursuant to this Agreement, against payment of the consideration set out herein, will be validly issued as fully paid and non-assessable Asanko Shares.
All of the outstanding Asanko Shares are validly issued, fully paid and non-assessable and have been issued in compliance with all Applicable Laws.
The authorized share capital of Asanko consists of unlimited number of Asanko Shares and an unlimited number of preferred shares.
There are no outstanding bonds, debentures or other evidences of indebtedness of Asanko having the right to vote with the holders of the outstanding Asanko Shares on any matters.
Each of PMI, Asanko and the Depositary is hereby authorized to sell or otherwise dispose of such portion of Asanko Shares payable as consideration as is necessary to provide sufficient funds to Asanko, PMI or the Depositary, as the case may be, to enable it to implement such deduction or withholding, and Asanko, PMI or the Depositary will notify the holder thereof and remit to the holder any unapplied balance of the net proceeds of such sale.