Adjustments to Exchange Ratio The Exchange Ratio shall be adjusted to reflect appropriately the effect of any stock split, reverse stock split, stock dividend (including any dividend or distribution of securities convertible into Parent Common Stock or Company Common Stock), reorganization, recapitalization, reclassification or other like change with respect to Parent Common Stock or Company Common Stock occurring on or after the date hereof and prior to the Effective Time.
% Deposit Payment of The Fixed Reserve Price 5.1. E-Bidders must make deposit payment as required under the Conditions of Sale attached to Proclamation of Sale, i.e. 10% of the reserve price. 5.2. Payment of the deposit must be made via local bank transfer in favour of Rajan Auctioneers Bidders Account (BIDDER DEPOSIT). Transaction must be done with in one (1) working day before the auction date with the following details; a) Account’s Name : RAJAN AUCTIONEERS SDN BHD - ACC2 b) Name of Bank : RHB BANK BERHAD c) Account Number : 21242400054193 d) Description : BIDDER DEPOSIT 5.3. Evidence of the transfer must be uploaded and submitted at the time of registration. 5.4. E-Bidders residing outside Malaysia/ (“Foreign E-Bidders”) must make deposit payment as required under the Conditions of Sale attached to Proclamation of Sale, i.e. 10% of the reserve price. Payment of the deposit must be made to as per mentioned in Proclamation of Sale in favour of the Auctioneer in accordance with 5.2 herein above with Swift Code as: ▇▇▇▇▇▇▇▇ ,Branch :1812424, Jalan Stesyen Klang. Evidence of payment must be uploaded and submitted at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ or WhatsApp to ▇▇▇-▇▇▇▇▇▇▇ within (4) working days before auction date.
Performance Adjustment Rate Except as otherwise provided in sub-paragraph (e) of this paragraph 3, the Performance Adjustment Rate is 0.02% for each percentage point (the performance of the Portfolio and the Index each being calculated to the nearest .01%) that the Portfolio's investment performance for the performance period was better or worse than the record of the Index as then constituted. The maximum performance adjustment rate is 0.20%. For purposes of calculating the performance adjustment of the portfolio, the portfolio's investment performance will be based on the performance of the retail class. The performance period will commence with the first day of the first full month following the retail class's commencement of operations. During the first eleven months of the performance period for the retail class, there will be no performance adjustment. Starting with the twelfth month of the performance period, the performance adjustment will take effect. Following the twelfth month a new month will be added to the performance period until the performance period equals 36 months. Thereafter the performance period will consist of the current month plus the previous 35 months. The Portfolio's investment performance will be measured by comparing (i) the opening net asset value of one share of the retail class of the Portfolio on the first business day of the performance period with (ii) the closing net asset value of one share of the retail class of the Portfolio as of the last business day of such period. In computing the investment performance of the retail class of the Portfolio and the investment record of the Index, distributions of realized capital gains, the value of capital gains taxes per share paid or payable on undistributed realized long-term capital gains accumulated to the end of such period and dividends paid out of investment income on the part of the Portfolio, and all cash distributions of the securities included in the Index, will be treated as reinvested in accordance with Rule 205-1 or any other applicable rules under the Investment Advisers Act of 1940, as the same from time to time may be amended.
RESERVE PRICE The subject property will be sold “as is where is basis” and subject to a reserve price of RM 121,500.00 (RINGGIT MALAYSIA: ONE HUNDRED TWENTY ONE THOUSAND AND FIVE HUNDRED ONLY) subject to the Conditions of Sale and by way of an Assignment from the above Assignee subject to consent being obtained by the successful bidder (“the Purchaser”) from the relevant authorities, if any, including all terms, conditions, stipulation and covenants which were and may be imposed by the relevant authority. All other fees, costs and charges relating to the transfer and assignment of the property shall be borne solely by the successful bidder (“the Purchaser”).Online bidders are further subject to the Terms & Conditions on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ All intending bidders are required to deposit 10% of the fixed reserve price by bank draft / cashier’s order only in favour of RHB Islamic Bank Berhad prior to the auction sale with the undermentioned Auctioneer and the balance of the purchase price together with sales and service tax (SST) and/or any other tax that replace SST is to be settled within ninety (90) days from the date of auction to RHB Islamic Bank Berhad via ▇▇▇▇▇▇. Detail of payment via ▇▇▇▇▇▇, please liaise with Messrs ▇▇▇▇ & Co. For further particulars, please contact MESSRS ▇▇▇▇ & CO, Solicitors for Assignee herein whose address is at ▇▇▇▇ ▇-▇, ▇▇▇▇▇ ▇, Tower B, Vertical Business Suite, Avenue ▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇. ▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇. Tel: ▇▇-▇▇▇▇▇▇▇ / ▇▇-▇▇▇▇ ▇▇▇▇ / Fax: ▇▇-▇▇▇▇ ▇▇▇▇ [Ref: GCKL/RHBISL/P5304/20/siti ] or under mentioned Auctioneer. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ BIN ▇▇▇▇▇▇ (▇▇.▇▇: 870122-03-5201) PIHAK PENYERAH HAK/ PELANGGAN Dalam menjalankan ▇▇▇ ▇▇▇ kuasa ▇▇▇▇ diberi kepada Pihak Pemegang Serah ▇▇▇ ▇▇▇ di bawah Perjanjian “Diminishing Musharakah Co- Ownership”, Perjanjian Ijarah, Penyerahan Hak Pihak Pertama, Perjanjian Agensi Perkhidmatan ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ kesemuanya bertarikh 12hb November 2014, didaftarkan diantara Pihak Pemegang Serah ▇▇▇ ▇▇▇ Pihak Penyerah ▇▇▇ ▇▇▇ dalam Perjanjian Jual Beli di antara Pihak Penyerah ▇▇▇ ▇▇▇ First Paper Mill Sdn Berhad (“Tuanpunya”) bertarikh 19hb June 2014, adalah dengan ini diisytiharkan bahawa Pihak Pemegang ▇▇▇▇▇ ▇▇▇ dengan dibantu oleh ▇▇▇▇▇▇▇▇ yang tersebut di bawah.
Measurements and arithmetic conventions All measurements and calculations shall be in the metric system and calculations done to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5 (five) being rounded down.