Hong Kong Underwriters. The Company hereby appoints the Hong Kong Underwriters on the terms and subject to the conditions of this Agreement, and to the exclusion of all others, as underwriters of the Hong Kong Public Offering, to assist the Company in offering to the public in Hong Kong the Hong Kong Offer Shares at the Offer Price (together with Brokerage, Trading Fee and Transaction Levy) in accordance with the provisions of this Agreement and on the terms and conditions set out in the Prospectus, and the Hong Kong Underwriters, relying on the Warranties and subject to the terms and conditions set out in this Agreement, severally accept the appointment and severally agree, in the event that a Hong Kong Public Offering Under-Subscription shall occur, to procure subscribers for the Unsold Hong Kong Offer Shares comprised in the Hong Kong Public Offering Under-Subscription or, failing that, themselves to subscribe for such Unsold Hong Kong Offer Shares as principals in accordance with the terms and conditions of this Agreement and the Prospectus. Such obligations of each Hong Kong Underwriter to procure subscribers, or to subscribe as principals, for the Hong Kong Offer Shares comprised in a Hong Kong Public Offering Under-Subscription: 3.7.1 are several (and not joint or joint and several); 3.7.2 shall initially extend to a number of Hong Kong Offer Shares up to but not exceeding such Hong Kong Underwriter's initial Hong Kong Public Offering Underwriting Commitment hereunder; and 3.7.3 if required to be performed, shall be performed in accordance with the provisions of Clauses
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Sources: Hong Kong Underwriting Agreement
Hong Kong Underwriters. The Company hereby appoints the Hong Kong Underwriters on the terms and subject to the conditions of this Agreement, and to the exclusion of all others, as underwriters of the Hong Kong Public Offering, to assist the Company in offering to the public in Hong Kong the Hong Kong Offer Shares at the Hong Kong Offer Price (together with Brokerage, Trading Fee Fee, Transaction Levy and FRC Transaction Levy) in accordance with the provisions of this Agreement and on the terms and conditions set out in the ProspectusHong Kong Public Offering Documents, and the Hong Kong Underwriters, relying on the Warranties and subject to the terms and conditions set out in this Agreement, severally accept the appointment and severally agree, in the event that a Hong Kong Public Offering an Under-Subscription shall occur, to procure subscribers for the Unsold Hong Kong Offer Unsubscribed Shares comprised in the Hong Kong Public Offering Under-Subscription or, failing that, themselves to subscribe for such Unsold Hong Kong Offer Unsubscribed Shares as principals in accordance with the terms and conditions of this Agreement and the ProspectusHong Kong Public Offering Documents. Such obligations of each Hong Kong Underwriter to procure subscribers, or to subscribe as principals, for the Hong Kong Offer Shares comprised in a Hong Kong Public Offering an Under-Subscription:
3.7.1 3.3.1 are several (and not joint or joint and several);
3.7.2 3.3.2 shall initially extend to a number of Hong Kong Offer Shares up to but not exceeding such Hong Kong Underwriter's ’s initial Hong Kong Public Offering Underwriting Commitment hereunder; and
3.7.3 3.3.3 if required to be performed, shall be performed in accordance with the provisions of ClausesClauses 4.6 and 4.9. None of the appointees under Clauses 3.1 to 3.3 shall be liable for any failure on the part of any other appointees to perform its obligations under this Agreement and no such failure shall affect the right of any of the other appointees to enforce its rights under this Agreement. Notwithstanding the foregoing, each of the appointees under Clauses 3.1 to 3.3 shall be entitled to enforce any of its rights under this Agreement either alone or jointly with the other appointees.
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