Obligation of the Issuer. The issuer has the obligation to deliver to the investor the Share Amount (or at the issuer’s election in accordance with the terms and conditions to pay cash in lieu) on the Settlement Date. This obligation is not a deposit liability of the issuer nor a debt of any kind, and is not guaranteed by any other parties. It is an unsecured contractual obligation of the issuer which will rank equally with the issuer’s other unsecured contractual obligations and behind preferred liabilities including those mandatorily preferred by law. If you invest in an ▇▇▇ you are relying upon the creditworthiness of the issuer and of no other person. You will have no rights under the ▇▇▇ against the Listed Entity which has issued the Shares. Investors must make their own assessment of the ability of the issuer to meet its obligations. Subject to any effect on settlements mentioned below, delisting or suspension from trading on SEHK of Shares during the term of the ▇▇▇ will not affect the obligations of the issuer under ▇▇▇. However, in these circumstances the investor may receive unlisted and therefore illiquid securities and therefore may not be able easily to realize the value of their investment. If the relevant Listed Entity becomes insolvent or is subject to similar proceedings and is wound up or ceases to exist as a legal entity during the term of the ▇▇▇, the ▇▇▇ will mature worthless.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement