Common use of Additional Finance Clause in Contracts

Additional Finance. 5.1 Notwithstanding the provisions of Clause 7.1 (but otherwise subject as provided in Clause 7.1), the Shareholders shall on request made by the Company severally provide by way of loan to the Company or by way of additional share capital such sums as shall be required by the Company and/or Cyber 2000 and/or any of its subsidiaries to be established from time to time for the proper conduct of the Business and to enable it to meet its obligations and liabilities. Such additional finance shall be provided by Shareholders in the proportions in which they hold Shares. If any Shareholder shall fail to advance its share of any such additional finance within a period of 14 days from the Board's call therefor, the provisions of Clause 9 shall apply. 5.2 If the Company shall issue new Shares to a Shareholder resulting in dilutions to the respective shareholdings of the other Shareholders, each of the other Shareholders shall have a right, exercisable within 7 days after such issue, to subscribe for additional Shares such that the level of its shareholding in the Company shall not in any way be reduced (the "TOP-UP SUBSCRIPTIONS"). The terms and conditions (if any) for issuing of the new Shares (including without limitation the subscription price of each new Share) applicable to all the Shareholders pursuant to this Clauses 5.2 shall in all respect be the same. Completion of the Top-up Subscriptions shall take place simultaneously and, unless otherwise agreed, be 14 days after the first new issue of Shares which trigger the Top-up Subscriptions. 5.3 Subject as otherwise provided in this Agreement, this Clause 5 shall be without prejudice to the right of the Company to borrow sums from third parties on the most favourable terms obtainable as to interest, repayment and security, but without allowing any prospective lender a right to participate in the Share capital of the Company as a condition or term of any loan or advance. 5.4 Save with the unanimous agreement of the Shareholders, no Shareholder will be obliged to guarantee or provide or give security in respect of any indebtedness of the Company.

Additional Finance. 5.1 Notwithstanding the provisions of Clause 7.1 (but otherwise subject as provided in Clause 7.1), the Shareholders shall on request made by the Company severally provide by way of loan to the Company or by way of additional share capital such sums as shall be required by the Company and/or Cyber 2000 and/or any of its subsidiaries to be established from time to time for the proper conduct of the Business and to enable it to meet its obligations and liabilities. Such additional finance shall be provided by Shareholders in the proportions in which they hold Shares. If any Shareholder shall fail to advance its share of any such additional finance within a period of 14 days from the Board's call therefor, the provisions of Clause 9 shall apply. 5.2 If the Company shall issue new Shares to a Shareholder resulting in dilutions to the respective shareholdings of the other Shareholders, each of the other Shareholders shall have a right, exercisable within 7 days after such issue, to subscribe for additional Shares such that the level of its shareholding in the Company shall not in any way be reduced (the "TOP-UP SUBSCRIPTIONS"). The terms and conditions (if any) for issuing of the new Shares (including without limitation the subscription price of each new Share) applicable to all the Shareholders pursuant to this Clauses Clause 5.2 shall in all respect be the same. Completion of the Top-up Subscriptions shall take place simultaneously and, unless otherwise agreed, be 14 days after the first new issue of Shares which trigger the Top-up Subscriptions. 5.3 Subject as otherwise provided in this Agreement, this Clause 5 shall be without prejudice to the right of the Company to borrow sums from third parties on the most favourable terms obtainable as to interest, repayment and security, but without allowing any prospective lender a right to participate in the Share capital of the Company as a condition or term of any loan or advance. 5.4 Save with the unanimous agreement of the Shareholders, no Shareholder will be obliged to guarantee or provide or give security in respect of any indebtedness of the Company.