AMENDMENT OF THESE TERMS AND CONDITIONS. 21.1. These Terms and Conditions set out all the rights and obligations relating to the Notes and, subject to the further provisions of this Condition 21 (Amendment of these terms and conditions), no addition, variation or consensual cancellation of these Terms and Conditions shall be of any force or effect unless the JSE has been notified and the amendments have been reduced to writing and signed by or on behalf of the Issuer, the Guarantor and the Noteholders (if applicable). 21.2. The Issuer and Guarantor may effect, without the consent of the Noteholders or the relevant Class of Noteholders, as the case may be, any modification of the Terms and Conditions, and/or the Applicable Pricing Supplement(s) and/or the Guarantee which is of a technical nature (including an increase in the Programme Amount and the Guarantee size) or is made to correct a manifest error or to comply with mandatory provisions of any Applicable Laws. No prior approval of the JSE or such other Financial Exchange, as the case may be, is required, however, the Issuer must provide the amended Terms and Conditions and/or the Applicable Pricing Supplement to the JSE immediately after the amendment and release of an announcement on SENS providing a summary of the amendments and where the amended Terms and Conditions and/or the Applicable Pricing Supplement will be available for the inspection. Any such modification to an issuer document shall be binding on the Noteholders or the relevant Class of Noteholders, as the case may be, and any such modification shall be communicated to the Noteholders or the relevant Class of Noteholders, as the case may be, in accordance with Condition 20 (Notices) as soon as is practicable thereafter. 21.3. If any amendments to the Terms and Conditions, and/or the Applicable Pricing Supplement(s) and/or the Guarantee, do not fall within the provisions of Condition 21.2 the amendments will be approved in terms of Conditions 21.4 set out below. 21.4. Subject to the prior conditional formal approval of the JSE or such other Financial Exchange, as the case may be, the Issuer may with the prior sanction of an Extraordinary Resolution of Noteholders or the relevant Class of Noteholders, as the case may be, amend these Terms and Conditions, and/or the Applicable Pricing Supplement(s) and/or the Guarantee, provided that no such amendment shall be of any force or effect unless notice of the intention to make such amendment shall have been given to all Noteholders in terms of Condition 20 (Notices).β 21.5. Within 48 (forty eight) hours after the meeting to consider the proposed Extraordinary Resolution has been held the Issuer shall procure that a SENS announcement is released containing details of the voting results. 21.6. Any such amendment to this Programme Memorandum shall be binding on the Noteholders or the relevant Class of Noteholders, as the case may be.
Appears in 1 contract
Sources: Domestic Medium Term Note Programme
AMENDMENT OF THESE TERMS AND CONDITIONS. 21.120.1. These Terms and Conditions set out all the rights and obligations relating to the Notes and, subject to the further provisions of this Condition 21 (Amendment of these terms and conditions)20, no addition, variation or consensual cancellation of these Terms and Conditions and/or the Guarantee shall be of any force or effect unless the JSE has been notified and the amendments have been reduced to writing and signed by or on behalf of the Issuer, the Guarantor and the Noteholders (if applicable)Noteholders.
21.220.2. The Issuer and Guarantor may effect, without the consent of the Noteholders or the relevant Class of Noteholders, as the case may be, any modification of the Terms and Conditions, and/or the Applicable Pricing Supplement(s) and/or the Guarantee Conditions which is of a technical nature (including an increase in the Programme Amount and the Guarantee sizeAmount) or is made to correct a manifest error or to comply with mandatory provisions of any Applicable Laws. No prior approval the law of the jurisdiction in which the Issuer is established, provided that the JSE or such other Financial Exchange, as the case may be, is required, however, the Issuer must provide provided with the amended Terms and Conditions and/or the Applicable Pricing Supplement to the JSE documents immediately after the amendment and release Noteholders or the relevant Class of an announcement on SENS providing a summary Noteholders have been notified of the amendments and where the amended Terms and Conditions and/or the Applicable Pricing Supplement will be available for the inspectionsuch modification or amendment. Any such modification to an issuer document shall be binding on the Noteholders or the relevant Class of Noteholders, as the case may be, Noteholders and any such modification shall be communicated to the Noteholders or the relevant Class of Noteholders, as the case may be, Noteholders in accordance with Condition 20 19 (Notices) as soon as is practicable thereafter.
21.3. If any amendments to the Terms and Conditions, and/or the Applicable Pricing Supplement(s) and/or the Guarantee, do not fall within the provisions of Condition 21.2 the amendments will be approved in terms of Conditions 21.4 set out below.
21.420.3. Subject to the prior conditional formal approval of the JSE JSE, or such other Financial Exchange, as the case may be, the Issuer may may, with the prior sanction of an Extraordinary Resolution of Noteholders or the relevant Class of Noteholders, as the case may be, amend these Terms and Conditions, and/or the Applicable Pricing Supplement(s) Conditions and/or the Guarantee, provided that no such amendment shall be of any force or effect unless notice of the intention to make such amendment shall have been given to all Noteholders in terms of Condition 20 19 (Notices).β
21.5Notices). Within 48 (forty eight) hours after the meeting to consider the proposed Extraordinary Resolution has been held the Issuer shall procure that a A SENS announcement is released containing details in connection with any such amendment will be published in accordance with the Debt Listings Requirements of the voting resultsJSE.
21.6. Any such amendment to this Programme Memorandum shall be binding on the Noteholders or the relevant Class of Noteholders, as the case may be.
Appears in 1 contract
Sources: Domestic Medium Term Note Programme