Common use of Emergency Issuance and Catch-Up Right Clause in Contracts

Emergency Issuance and Catch-Up Right. 9.4.1 The Company shall not be required to provide notice to the relevant Shareholders pursuant to clause 9.1 if so directed by the Board in circumstances where the Board reasonably believes that the Group requires funding on an urgent basis in which case the Company shall issue the New Securities to any Shareholder or their Affiliates as the Board direction shall specify (an "Emergency Issue") and, subject to clause 9.4.3, any rights of pre-emption of the other Shareholders in respect of the Emergency Issue (the "Affected Shareholders") shall be deemed to be waived in respect of such Emergency Issue. Each party shall take such actions as may be required to facilitate an Emergency Issue as soon as possible. 9.4.2 Any Board direction in respect of an Emergency Issue provided pursuant to Clause 9.4.1 shall specify whether the entitlement of the Affected Shareholders pursuant to clause 9.4.3(a) shall be in respect of subscriptions for New Securities or acquisitions of existing Securities from the relevant Shareholder.