EXPERTS. In giving any certificate or making any adjustment hereunder, the auditors of the Issuer or (as the case may be) the approved merchant bank shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer and the Noteholders and all persons claiming through or under them respectively.
Appears in 2 contracts
Sources: Subscription Agreement, Subscription Agreement
EXPERTS. In giving any certificate or making any adjustment hereunder, the auditors of the Issuer Company or (as the case may be) the approved merchant bank shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer Company and the Noteholders Bondholder and all persons claiming through or under them respectively.
Appears in 2 contracts
Sources: Subscription Agreement (GDS Holdings LTD), Subscription Agreement (GDS Holdings LTD)
EXPERTS. In giving any certificate or making any adjustment hereunder, the auditors of the Issuer or (as the case may be) the approved any merchant bank appointed by the Issuer shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer and the Noteholders Notes holder and all persons claiming through or under them respectively.
Appears in 1 contract
Sources: Subscription Agreement (Eganagoldpfeil Holdings LTD)
EXPERTS. In giving any certificate or making any adjustment hereunder, the auditors of the Issuer or (as the case may be) the approved merchant bank shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer Company and the Noteholders Bondholder and all persons claiming through or under them respectively.
Appears in 1 contract
Sources: Sale and Purchase Agreement (Nam Tai Electronics Inc)
EXPERTS. In giving any certificate or making any adjustment hereunder, the auditors of the Issuer Company or (as the case may be) the approved merchant bank shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer Company and the Noteholders Noteholder and all persons claiming through or under them respectively.
Appears in 1 contract
EXPERTS. In giving any certificate or making any adjustment hereunder, the auditors of the Issuer or (as the case may be) the any approved merchant bank appointed by the Issuer shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer and the Noteholders Noteholder and all persons 176 claiming through or under them respectively.
Appears in 1 contract
EXPERTS. In giving any certificate or making any adjustment hereunder, the auditors of the Issuer or (as the case may be) the any approved merchant bank appointed by the Issuer shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer and the Noteholders Noteholder and all persons claiming through or under them respectively.
Appears in 1 contract
EXPERTS. In giving any certificate or making any adjustment hereunder, any approved merchant bank or the auditors of the Issuer or (as the case may be) the approved merchant bank Company shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer Company and the Noteholders Bondholders and all persons claiming through or under them respectively.
Appears in 1 contract
Sources: Subscription Agreement
EXPERTS. In giving any certificate or making the Adjustment, any adjustment hereunder, the auditors of the Issuer or (as the case may be) the approved merchant bank (as defined in Condition 7.2) appointed shall be deemed to be acting as experts and not as arbitrators and, in the absence of manifest error, their decision shall be conclusive and binding on the Issuer Company and the Noteholders Noteholder and all persons claiming through or under them respectively.
Appears in 1 contract
Sources: Contract for Subscription of Convertible Note (China Enterprises LTD)