Allocation of Excess Supply Securities Clause Samples

Allocation of Excess Supply Securities. 9.2.1 Within five Business Days of the expiry of the Issue Notice Period, the Company will determine: (a) the aggregate number of New Securities not taken up by Shareholders pursuant to clause 9.1.3 (the "Excess Supply Securities"); and (b) the aggregate number of Excess Demand Securities. 9.2.2 Where the aggregate number of Excess Demand Securities exceeds the aggregate number of Excess Supply Securities, each Shareholder electing to receive Excess Demand Securities (an "Excess Demand Shareholder") shall be required to acquire such number of Excess Supply Securities as is the amount which is equal to the lower of: (a) proportionate to its Pro Rata Entitlement as a percentage of the aggregate Pro Rata Entitlements of all such Excess Demand Shareholders, in each case as at the date of the New Issue Notice; and (b) its Excess Demand Securities Cap. 9.2.3 The allocation process described in clause 9.2.2 shall continue until all the Excess Supply Securities have been allocated to the Excess Demand Shareholders (for the avoidance of doubt, no Excess Demand Shareholder shall be required to subscribe for an amount of Securities greater than its Excess Demand Securities Cap). 9.2.4 The Shareholders agree that in the event that the allocation process described in clause 9.2.2 would result in a fractional Security being allocated to an Excess Demand Shareholder, such fractional Security shall be rounded to the nearest whole Security, as appropriate. 9.2.5 Where the aggregate number of Excess Demand Securities is equal to or less than the aggregate number of Excess Supply Securities, each Excess Demand Shareholder shall be entitled and required to acquire the number of Excess Demand Securities specified in its New Issue Response. 9.2.6 If any Excess Supply Securities remain unallocated under clause 9.2.5, such Excess Supply Securities may be allotted and issued to a Third Party as determined by the Board and approved in writing by each of the Qualifying Shareholders (if any).
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Related to Allocation of Excess Supply Securities

  • Distribution of Exchange Fund to Parent Any portion of the Exchange Fund that remains undistributed to the holders of the Certificates or Uncertificated Shares on the date that is one year after the Effective Time will be delivered to Parent upon demand, and any holders of shares of Company Common Stock that were issued and outstanding immediately prior to the Merger who have not theretofore surrendered or transferred their Certificates or Uncertificated Shares representing such shares of Company Common Stock for exchange pursuant to this Section 2.9 will thereafter look for payment of the Per Share Price payable in respect of the shares of Company Common Stock represented by such Certificates or Uncertificated Shares solely to Parent (subject to abandoned property, escheat or similar Laws), solely as general creditors thereof, for any claim to the Per Share Price to which such holders may be entitled pursuant to Section 2.7.

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  • Allocation of Applied Realized Loss Amounts Any Applied Realized Loss Amounts shall be allocated by the Trustee to the most junior Class of Subordinated Certificates then Outstanding in reduction of the Class Certificate Balance thereof.

  • Termination of Exchange Fund; No Liability At any time following twelve (12) months after the Effective Time, Parent shall be entitled to require the Exchange Agent to deliver to it any funds (including any interest received with respect thereto) remaining in the Exchange Fund that have not been disbursed, or for which disbursement is pending subject only to the Exchange Agent’s routine administrative procedures, to holders of Certificates or Book-Entry Shares, and thereafter such holders shall be entitled to look only to Parent (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the Merger Consideration, including any amount payable in respect of Fractional Share Consideration in accordance with Section 2.5, and any dividends or other distributions on Parent Shares in accordance with Section 2.2(f), payable upon due surrender of their Certificates or Book-Entry Shares and compliance with the procedures in Section 2.2(b), without any interest thereon. Notwithstanding the foregoing, none of the Surviving Corporation, Parent or the Exchange Agent shall be liable to any holder of a Certificate or Book-Entry Share for any Merger Consideration or other amounts delivered to a public official pursuant to any applicable abandoned property, escheat or similar Law.