Examples of Existing Waivers in a sentence
Each DIP Lender hereby acknowledges and agrees that any and all Existing Waivers shall continue to remain in full force and effect on and after the Restatement Effective Date and shall be binding upon and be enforceable against all of the DIP Lenders hereunder.
The Existing Waivers will be withdrawn or will be no longer applicable upon the Effective Date.
Such Existing Waivers include, among others, the following specific waivers granted by the HK Stock Exchange, exemption and ruling granted by the Securities and Futures Commission of Hong Kong, on an individual basis: Rules Subject matterDetails of the aforementioned Existing Waivers are set out in the Company’s prospectus published on September 17, 2020 in connection to its offering of shares for subscription by the public in Hong Kong.
For the avoidance of doubt, notwithstanding the submission of the Proposed Conversion Application or receipt of the Proposed Conversion Exchange Acknowledgment, the Company will continue to be entitled to the Existing Waivers before the Effective Date provided that it remains primary listed on the Nasdaq, being a recognized stock exchange.
Upon the Effective Date, the Company has to fully comply with all the relevant provisions of the Hong Kong Listing Rules, the SFO and the Takeovers Code applicable to a dual primary listed issuer, including those provisions subject to the Existing Waivers.
For the avoidance of doubt, notwithstanding the submission of the application for the Primary Conversion or receipt of the Primary Conversion Exchange Acknowledgment, we will continue to be entitled to the Existing Waivers before the Primary Conversion Date provided that we remain primary listed on the NYSE, which is a recognized stock exchange under the Hong Kong Listing Rules.
Each DIP Lender hereby acknowledges and agrees that any and all Existing Waivers (as herein defined) shall continue to remain in full force and effect on and after the Restatement Effective Date and shall be binding upon and be enforceable against all of the DIP Lenders hereunder.
The Existing Waivers are hereby extended until February 6, 2013, at which time any and all Defaults arising from or related to the Borrowers’ noncompliance with such provisions subject to the Existing Waivers, unless further waived by the Administrative Agent and the Required Lenders, shall be immediately reinstated.
Upon the Effective Date, the Company has to comply with all the relevant Listing Rules, the SFO and the Takeovers Code applicable to a dual primary listed issuer, including those provisions subject to the Existing Waivers.
In the event of withdrawal of any of the aforementioned Existing Waivers upon the Effective Date, the Company would fully comply with such Listing Rules and provisions of the SFO and be considered a “public company in Hong Kong” for the purposes of the Takeovers Code.