Capital Increase Registration Date definition
Examples of Capital Increase Registration Date in a sentence
On the Capital Increase Registration Date, the Agent shall have received a letter from Ernst & Young, société anonyme, dated such date, in form and substance satisfactory to the Agent, containing statements and information of the type ordinarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and other financial information included in the Registration Statement, the General Disclosure Package and the Prospectus or any amendment or supplement thereto.
On the Capital Increase Registration Date, the Agent shall have received the favorable written opinion or opinions of ▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇, LLP counsel for the Depositary, in form and substance satisfactory to the Agent, and to such further effect as the Agent may reasonably request.
On the Capital Increase Registration Date, the Agent shall have received (i) an opinion of ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, German counsel for the Company, dated such date, and (ii) an opinion and 10b-5 statement of ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, United States counsel for the Company, dated such date, in each case in form and substance satisfactory to the Agent, and each to such further effect as the Agent may reasonably request.
On or prior to the Capital Increase Registration Date, the Depositary shall have furnished or caused to be furnished to the Agent a certificate satisfactory to the Agent of one of its authorized officers stating that the Deposit Agreement has been duly executed and has not been terminated by the Depositary.
The Agent may, in its sole discretion, terminate this Agreement at any time following the expiry of a period of 30 calendar days following the Capital Increase Registration Date.
On to the Capital Increase Registration Date, the Company shall have delivered to a designated affiliate of the Settlement Agent, in accordance with, and at the time provided for, in Section 2(d) hereof, (A) a duly executed global share certificate evidencing the Underlying Shares and (B) a certified excerpt from the Commercial Register pertaining to the Company evidencing the capital increase represented by the Underlying Shares.
The Agent shall have received on the Capital Increase Registration Date a certificate of the Chief Financial Officer of the Company in form and substance satisfactory to the Agent.
In addition, this Agreement shall automatically terminate if no Capital Increase Registration Date has occurred by 18:00 Berlin time on the fourteenth calendar day following the filing of the Subscription Certificate for the Underlying Shares with the Commercial Register, unless the parties hereto mutually agree otherwise in writing.
On the Capital Increase Registration Date, the Agent shall have received (i) an opinion of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, German counsel for the Agent, dated such date and (ii) an opinion and 10b-5 statement of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, United States counsel for the Agent, dated such date, with respect to such matters as the Agent may reasonably request.
The lock up agreements, each substantially in the form of Exhibit D hereto, between the Agent and the members of the Company’s management board (Vorstand) and the chairman of the Company’s supervisory board (Aufsichtsrat), relating to sales and certain other dispositions of Shares or certain other securities, delivered to the Agent on or before the date hereof, shall be in full force and effect on the Capital Increase Registration Date and shall not be terminated, rescinded or revoked.