Common use of Initial Public Offerings Clause in Contracts

Initial Public Offerings. 2.1 Client may request SHKIS to apply on Client’s behalf for securities in a new issue for listing on an Exchange (an “Application”) and the provisions of this Second Schedule shall apply. 2.1.1 Client authorises SHKIS to complete such application form as may be required, and represents and warrants to SHKIS that all representations, warranties, confirmations and undertakings on the part of the applicant contained or incorporated in the application form are true and accurate in respect of Client. 2.1.2 Client agrees to be bound by the terms of the new issue and Client hereby: 2.1.2.1 warrants and undertakes that the Application shall be the only application made for Client’s benefit in respect of the same issue of securities and that Client shall make no other application in that issue; 2.1.2.2 authorises SHKIS to represent and warrant to the Exchange that no other application shall be made or shall be intended to be made by Client or for Client’s benefit; 2.1.2.3 acknowledges that SHKIS will rely on the above warranties, undertakings and authorisations in making the application; 2.1.2.4 acknowledges that SHKIS accepts no responsibility to send Client the listing document which sets out the terms and conditions of the new issue of securities (“Prospectus”). By Client’s application for subscriptions, Client confirms that Client has obtained such Prospectus from elsewhere, have read and understood the terms and conditions, and Client’s application is not in breach of such terms and conditions. Client confirms that Client shall not request subscriptions for new issues of securities unless eligible to do so under the applicable securities legislation; and 2.1.2.5 represents and warrants that he is not a connected person (as such term is defined in the Regulatory Rules) of the issuer of securities that are subject of the new issue. 2.1.3 Client may at the same time request SHKIS to provide a loan for the purpose of the Application (the “Loan”), and the following provisions shall apply: 2.1.3.1 SHKIS has the discretion to accept or reject the request for the Loan. 2.1.3.2 Upon acceptance of a request for a Loan, SHKIS shall provide a term sheet or other document(s) (“Term Sheet”) to Client confirming the terms of the Loan as agreed between Client and SHKIS, which shall be conclusive and binding on Client. 2.1.3.3 Prior to the provision of a Loan by SHKIS, Client shall provide to SHKIS a deposit for the Loan, which shall form part of the proceeds for the Application, in the amount and on or before such time as specified in the Term Sheet. Client authorises SHKIS to debit from any of his accounts with SHKIS an amount representing the deposit, provided that SHKIS may, at its discretion, require Client to pay sufficient monies to SHKIS for the deposit. 2.1.3.4 Unless otherwise specified in the Term Sheet: (1) the amount of the Loan shall be the total price of the securities applied for in the Application less the amount of deposit provided by Client pursuant to this clause 2.1.3; (2) Client shall have no right to repay the Loan, in part or in full, prior to the date of repayment specified in the Term Sheet. 2.1.3.5 The rate of interest applicable to the Loan shall be specified in the Term Sheet. 2.1.3.6 Where SHKIS receives any refund in respect of an Application, SHKIS shall have the right, at its discretion, to apply the same or any part thereof in or towards the discharge of the Loan including any interest accrued thereon or to return the same or any part thereof to Client, whether before or after the date of repayment specified in the Term Sheet. 2.1.3.7 In consideration of SHKIS granting to Client the Loan, Client charges to SHKIS, by way of fixed charge as a continuing security for the full repayment of the Loan and the accrued interest thereon, all the securities in or for the Account (“Interest in the Account”), which shall include, without limitation, all securities, all dividends and other distributions made or payable in respect of such securities, rights, monies or property of whatever nature accruing to or offered at any time by way of redemption, bonus, preference, options, purchase consideration or otherwise in right or in respect of the aforesaid securities and those securities acquired on behalf of Client by virtue of the Application in respect of which the Loan is provided. Subject to the Laws, Client authorises SHKIS, for so long as the security created hereby continues, at its discretion and without notice to Client, to dispose of such Interest in the Account in settlement of Client’s liability to repay or discharge any financial accommodation provided by SHKIS. Upon full repayment of the Loan and the accrued Interest thereon, SHKIS shall discharge the security created hereby. 2.1.3.8 SHKIS shall have the additional rights set out in the First Schedule as if the Loan is granted under a Facility.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Initial Public Offerings. 2.1 Client may request SHKIS GIHKL to apply on Client’s behalf for securities in a new issue for listing on an Exchange (an “Application”) and the provisions of this Second Schedule shall apply. 2.1.1 Client authorises SHKIS GIHKL to complete such application form as may be required, and represents and warrants to SHKIS GIHKL that all representations, warranties, confirmations and undertakings on the part of the applicant contained or incorporated in the application form are true and accurate in respect of Client. 2.1.2 Client agrees to be bound by the terms of the new issue and Client hereby: 2.1.2.1 warrants and undertakes that the Application shall be the only application made for Client’s benefit in respect of the same issue of securities and that Client shall make no other application in that issue; 2.1.2.2 authorises SHKIS GIHKL to represent and warrant to the Exchange that no other application shall be made or shall be intended to be made by Client or for Client’s benefit; 2.1.2.3 acknowledges that SHKIS GIHKL will rely on the above warranties, undertakings and authorisations in making the application; 2.1.2.4 acknowledges that SHKIS GIHKL accepts no responsibility to send Client the listing document which sets out the terms and conditions of the new issue of securities (“Prospectus”). By Client’s application for subscriptions, Client confirms that Client has obtained such Prospectus from elsewhere, have read and understood the terms and conditions, and Client’s application is not in breach of such terms and conditions. Client confirms that Client shall not request subscriptions for new issues of securities unless eligible to do so under the applicable securities legislation; and 2.1.2.5 represents and warrants that he is not a connected person (as such term is defined in the Regulatory Rules) of the issuer of securities that are subject of the new issue. 2.1.3 Client may at the same time request SHKIS GIHKL to provide a loan for the purpose of the Application (the “Loan”), and the following provisions shall apply: 2.1.3.1 SHKIS GIHKL has the discretion to accept or reject the request for the Loan. 2.1.3.2 Upon acceptance of a request for a Loan, SHKIS GIHKL shall provide a term sheet or other document(s) (“Term Sheet”) to Client confirming the terms of the Loan as agreed between Client and SHKISGIHKL, which shall be conclusive and binding on Client. 2.1.3.3 Prior to the provision of a Loan by SHKISGIHKL, Client shall provide to SHKIS GIHKL a deposit for the Loan, which shall form part of the proceeds for the Application, in the amount and on or before such time as specified in the Term Sheet. Client authorises SHKIS GIHKL to debit from any of his accounts with SHKIS GIHKL an amount representing the deposit, provided that SHKIS GIHKL may, at its discretion, require Client to pay sufficient monies to SHKIS GIHKL for the deposit. 2.1.3.4 Unless otherwise specified in the Term Sheet: (1) the amount of the Loan shall be the total price of the securities applied for in the Application less the amount of deposit provided by Client pursuant to this clause 2.1.3; (2) Client shall have no right to repay the Loan, in part or in full, prior to the date of repayment specified in the Term Sheet. 2.1.3.5 The rate of interest applicable to the Loan shall be specified in the Term Sheet. 2.1.3.6 Where SHKIS GIHKL receives any refund in respect of an Application, SHKIS GIHKL shall have the right, at its discretion, to apply the same or any part thereof in or towards the discharge of the Loan including any interest accrued thereon or to return the same or any part thereof to Client, whether before or after the date of repayment specified in the Term Sheet. 2.1.3.7 In consideration of SHKIS GIHKL granting to Client the Loan, Client charges to SHKISGIHKL, by way of fixed charge as a continuing security for the full repayment of the Loan and the accrued interest thereon, all the securities in or for the Account (“Interest in the Account”), which shall include, without limitation, include all securities, all dividends and other distributions made or payable in respect of such securities, rights, monies or property of whatever nature accruing to or offered at any time by way of redemption, bonus, preference, options, purchase consideration or otherwise in right or in respect of the aforesaid securities and those securities acquired on behalf of Client by virtue of the Application in respect of which the Loan is provided. Subject to the Laws, Client authorises SHKISGIHKL, for so long as the security created hereby continues, at its discretion and without notice to Client, to dispose of such Interest in the Account in settlement of Client’s liability to repay or discharge any financial accommodation provided by SHKISGIHKL. Upon full repayment of the Loan and the accrued Interest thereon, SHKIS GIHKL shall discharge the security created hereby. 2.1.3.8 SHKIS GIHKL shall have the additional rights set out in the First Schedule as if the Loan is granted under a Facility.

Appears in 1 contract

Sources: Client Agreement

Initial Public Offerings. 2.1 Client may request SHKIS SHKOS to apply on Client’s behalf for securities in a new issue for listing on an Exchange (an “Application”) and the provisions of this Second Schedule shall apply. 2.1.1 Client authorises SHKIS SHKOS to complete such application form as may be required, and represents and warrants to SHKIS SHKOS that all representations, warranties, confirmations and undertakings on the part of the applicant contained or incorporated in the application form are true and accurate in respect of Client. 2.1.2 Client agrees to be bound by the terms of the new issue and Client hereby: 2.1.2.1 warrants and undertakes that the Application shall be the only application made for Client’s benefit in respect of the same issue of securities and that Client shall make no other application in that issue; 2.1.2.2 authorises SHKIS SHKOS to represent and warrant to the Exchange that no other application shall be made or shall be intended to be made by Client or for Client’s benefit; 2.1.2.3 acknowledges that SHKIS SHKOS will rely on the above warranties, undertakings and authorisations in making the application; 2.1.2.4 acknowledges that SHKIS SHKOS accepts no responsibility to send Client the listing document which sets out the terms and conditions of the new issue of securities (“Prospectus”). By Client’s application for subscriptions, Client confirms that Client has obtained such Prospectus from elsewhere, have read and understood the terms and conditions, and Client’s application is not in breach of such terms and conditions. Client confirms that Client shall not request subscriptions for new issues of securities unless eligible to do so under the applicable securities legislation; and 2.1.2.5 represents and warrants that he is not a connected person (as such term is defined in the Regulatory Rules) of the issuer of securities that are subject of the new issue. 2.1.3 Client may at the same time request SHKIS SHKOS to provide a loan for the purpose of the Application (the “Loan”), and the following provisions shall apply: 2.1.3.1 SHKIS SHKOS has the discretion to accept or reject the request for the Loan. 2.1.3.2 Upon acceptance of a request for a Loan, SHKIS SHKOS shall provide a term sheet or other document(s) (“Term Sheet”) to Client confirming the terms of the Loan as agreed between Client and SHKISSHKOS, which shall be conclusive and binding on Client. 2.1.3.3 Prior to the provision of a Loan by SHKISSHKOS, Client shall provide to SHKIS SHKOS a deposit for the Loan, which shall form part of the proceeds for the Application, in the amount and on or before such time as specified in the Term Sheet. Client authorises SHKIS SHKOS to debit from any of his accounts with SHKIS SHKOS an amount representing the deposit, provided that SHKIS SHKOS may, at its discretion, require Client to pay sufficient monies to SHKIS SHKOS for the deposit. 2.1.3.4 Unless otherwise specified in the Term Sheet: (1) 2.1.3.4.1 the amount of the Loan shall be the total price of the securities applied for in the Application less the amount of deposit provided by Client pursuant to this clause 2.1.3; (2) 2.1.3.4.2 Client shall have no right to repay the Loan, in part or in full, prior to the date of repayment specified in the Term Sheet. 2.1.3.5 The rate of interest applicable to the Loan shall be specified in the Term Sheet. 2.1.3.6 Where SHKIS SHKOS receives any refund in respect of an Application, SHKIS SHKOS shall have the right, at its discretion, to apply the same or any part thereof in or towards the discharge of the Loan including any interest accrued thereon or to return the same or any part thereof to Client, whether before or after the date of repayment specified in the Term Sheet. 2.1.3.7 In consideration of SHKIS SHKOS granting to Client the Loan, Client charges to SHKISSHKOS, by way of fixed charge as a continuing security for the full repayment of the Loan and the accrued interest thereon, all the securities in or for the Account (“Interest in the Account”), which shall include, without limitation, all securities, all dividends and other distributions made or payable in respect of such securities, rights, monies or property of whatever nature accruing to or offered at any time by way of redemption, bonus, preference, options, purchase consideration or otherwise in right or in respect of the aforesaid securities and those securities acquired on behalf of Client by virtue of the Application in respect of which the Loan is provided. Subject to the Laws, Client authorises SHKISSHKOS, for so long as the security created hereby continues, at its discretion and without notice to Client, to dispose of such Interest in the Account in settlement of Client’s liability to repay or discharge any financial accommodation provided by SHKISSHKOS. Upon full repayment of the Loan and the accrued Interest thereon, SHKIS SHKOS shall discharge the security created hereby. 2.1.3.8 SHKIS SHKOS shall have the additional rights set out in the First Schedule as if the Loan is granted under a Facility.

Appears in 1 contract

Sources: Client Agreement

Initial Public Offerings. 2.1 Client may request SHKIS SHKOS to apply on Client’s behalf for securities in a new issue for listing on an Exchange (an “Application”) and the provisions of this Second Schedule shall apply. 2.1.1 Client authorises SHKIS SHKOS to complete such application form as may be required, and represents and warrants to SHKIS SHKOS that all representations, warranties, confirmations and undertakings on the part of the applicant contained or incorporated in the application form are true and accurate in respect of Client. 2.1.2 Client agrees to be bound by the terms of the new issue and Client hereby: 2.1.2.1 warrants and undertakes that the Application shall be the only application made for Client’s benefit in respect of the same issue of securities and that Client shall make no other application in that issue; 2.1.2.2 authorises SHKIS SHKOS to represent and warrant to the Exchange that no other application shall be made or shall be intended to be made by Client or for Client’s benefit; 2.1.2.3 acknowledges that SHKIS SHKOS will rely on the above warranties, undertakings and authorisations in making the application; 2.1.2.4 acknowledges that SHKIS SHKOS accepts no responsibility to send Client the listing document which sets out the terms and conditions of the new issue of securities (“Prospectus”). By Client’s application for subscriptions, Client confirms that Client has obtained such Prospectus from elsewhere, have read and understood the terms and conditions, and Client’s application is not in breach of such terms and conditions. Client confirms that Client shall not request subscriptions for new issues of securities unless eligible to do so under the applicable securities legislation; and 2.1.2.5 represents and warrants that he is not a connected person (as such term is defined in the Regulatory Rules) of the issuer of securities that are subject of the new issue. 2.1.3 Client may at the same time request SHKIS SHKOS to provide a loan for the purpose of the Application (the “Loan”), and the following provisions shall apply: 2.1.3.1 SHKIS SHKOS has the discretion to accept or reject the request for the Loan. 2.1.3.2 Upon acceptance of a request for a Loan, SHKIS SHKOS shall provide a term sheet or other document(s) (“Term Sheet”) to Client confirming the terms of the Loan as agreed between Client and SHKIS, which shall be conclusive and binding on Client.confirming 2.1.3.3 Prior to the provision of a Loan by SHKISSHKOS, Client shall provide to SHKIS SHKOS a deposit for the Loan, which shall form part of the proceeds for the Application, in the amount and on or before such time as specified in the Term Sheet. Client authorises SHKIS SHKOS to debit from any of his accounts with SHKIS SHKOS an amount representing the deposit, provided that SHKIS SHKOS may, at its discretion, require Client to pay sufficient monies to SHKIS SHKOS for the deposit. 2.1.3.4 Unless otherwise specified in the Term Sheet: (1) 2.1.3.4.1 the amount of the Loan shall be the total price of the securities applied for in the Application less the amount of deposit provided by Client pursuant to this clause 2.1.3; (2) 2.1.3.4.2 Client shall have no right to repay the Loan, in part or in full, prior to the date of repayment specified in the Term Sheet. 2.1.3.5 The rate of interest applicable to the Loan shall be specified in the Term Sheet. 2.1.3.6 Where SHKIS SHKOS receives any refund in respect of an Application, SHKIS SHKOS shall have the right, at its discretion, to apply the same or any part thereof in or towards the discharge of the Loan including any interest accrued thereon or to return the same or any part thereof to Client, whether before or after the date of repayment specified in the Term Sheet. 2.1.3.7 In consideration of SHKIS SHKOS granting to Client the Loan, Client charges to SHKISSHKOS, by way of fixed charge as a continuing security for the full repayment of the Loan and the accrued interest thereon, all the securities in or for the Account (“Interest in the Account”), which shall include, without limitation, all securities, all dividends and other distributions made or payable in respect of such securities, rights, monies or property of whatever nature accruing to or offered at any time by way of redemption, bonus, preference, options, purchase consideration or otherwise in right or in respect of the aforesaid securities and those securities acquired on behalf of Client by virtue of the Application in respect of which the Loan is provided. Subject to the Laws, Client authorises SHKISSHKOS, for so long as the security created hereby continues, at its discretion and without notice to Client, to dispose of such Interest in the Account in settlement of Client’s liability to repay or discharge any financial accommodation provided by SHKISSHKOS. Upon full repayment of the Loan and the accrued Interest thereon, SHKIS SHKOS shall discharge the security created hereby. 2.1.3.8 SHKIS SHKOS shall have the additional rights set out in the First Schedule as if the Loan is granted under a Facility.

Appears in 1 contract

Sources: Client Agreement