Subscription Procedures. (1) The Borrower and each Shareholder shall do all such things as may be necessary on their part for the provision of Shareholder Funding required pursuant to this Agreement. (2) If for any reason whatsoever (including, without limitation, the winding-up, liquidation or dissolution of the Borrower or failure of the Borrower to issue shares or to accept payment), a Shareholder does not or cannot provide Shareholder Funding, that Shareholder will nevertheless, at such times as are specified in this Clause, pay to the Borrower the amount it would otherwise have been obliged to pay by way of Shareholder Funding, which shall be deemed to discharge its obligation to provide that Shareholder Funding. (3) If a Shareholder makes a payment under paragraph (2), the Borrower will be liable (on the same terms and conditions) to that Shareholder for the amount of the payment as if it had constituted Shareholder Funding by way of subscription moneys for shares or subordinated loans (as appropriate).
Appears in 4 contracts
Sources: Loan Agreement (Chartered Semiconductor Manufacturing LTD), Shareholders Undertaking (Chartered Semiconductor Manufacturing LTD), Loan Agreement (Chartered Semiconductor Manufacturing LTD)
Subscription Procedures. (1) The Borrower and each Shareholder shall do all such things as may be necessary on their part for the provision of Shareholder Funding required pursuant to this Agreement.
(2) If for any reason whatsoever (including, without limitation, the winding-up, liquidation or dissolution up of the Borrower or failure of the Borrower to issue shares or to accept payment), a Shareholder does not or cannot provide Shareholder Funding, that Shareholder will nevertheless, at such times as are specified in this Clause, pay to the Borrower the amount it would otherwise have been obliged to pay by way of Shareholder Funding, which shall be deemed to discharge its obligation to provide that Shareholder Funding.
(3) If a Shareholder makes a payment under paragraph (2), the Borrower will be liable (on the same terms and conditions) to that Shareholder for the amount of the payment as if it had constituted Shareholder Funding by way of subscription moneys for shares or subordinated loans (as appropriate).
Appears in 2 contracts
Sources: Shareholders Undertaking (Chartered Semiconductor Manufacturing LTD), Loan Agreement (Chartered Semiconductor Manufacturing LTD)