THE SECOND SUPPLEMENTAL AGREEMENT Sample Clauses

THE SECOND SUPPLEMENTAL AGREEMENT. The Board wishes to announce that on 11 October 2022, the Lenders, the Borrower, Metro- LKT (as the Security Agent and the Facility Agent) and the Company as the guarantor entered into the Second Supplemental Agreement, pursuant to which, the parties agreed on the Variations of Terms to the Secured Facility Agreement (as amended and supplemented by the First Supplemental Agreement). The principal terms of the Second Supplemental Agreement are summarised as follows: Date: 11 October 2022
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THE SECOND SUPPLEMENTAL AGREEMENT. The parties entered into the Second Supplemental Agreement to extend the repayment date of the Loan, and amend and supplement certain terms of the Loan Agreement (as amended by the First Supplemental Agreement). The major terms of the Second Supplemental Agreement are set out below:
THE SECOND SUPPLEMENTAL AGREEMENT. Reference is made to (i) the announcement of the Company dated 24 December 2019 in relation to, among others, the Provision of Financial Assistance regarding Payment Agent Services provided by Win Techno to Huobi Global (Seychelles) under the Service Agreement, pursuant to which Win Techno, as the payment agent of Huobi Global (Seychelles) makes payment of Usage Fees to the AWS Group for and on behalf of Huobi Global (Seychelles), and (ii) the announcement dated 19 March 2020 and the circular dated 23 March 2020 of the Company in relation to the Supplemental Agreement entered into between Win Techno and Huobi Global (Seychelles) pursuant to which the annual cap in respect of the Provision of Financial Assistance was revised. By the Deed of Novation entered into among Win Techno, Huobi Global (Seychelles) and Huobi Worldwide, Huobi Global (Seychelles) agreed to novate and Huobi Worldwide agreed to assume all rights and obligations of Huobi Global (Seychelles) in and under the Service Agreements. Save for the said revisions, all other terms under the Service Agreements remain the same. Accordingly, Huobi Global (Seychelles) was released from any obligations under the Service Agreements to be performed from the effective date of the Deed of Novation (i.e. 1 February 2021). On 11 March 2021 (after trading hours), Win Techno has entered into the Second Supplemental Agreement with Huobi Worldwide, pursuant to which the parties agreed to amend the Service Agreement (as amended by the Supplemental Agreement and the Deed of Novation) by renewing and revising the Existing Caps of the Provision of Financial Assistance in relation to the Payment Agent Service. Major Terms of the Second Supplemental Agreement Major terms of the Second Supplemental Agreement are summarised as follows: Date 11 March 2021 (after trading hours) Parties
THE SECOND SUPPLEMENTAL AGREEMENT. On 15 July 2013, the Lender entered into a second supplemental agreement (the “Second Supplemental Agreement”) with the Borrower and T & M Holdings under the Loan Agreement, pursuant to which the Lender agreed to extend the repayment date under the Loan Agreement as amended by the Supplemental Agreement from 25 May 2013 to 25 November 2013. The terms of the Second Supplemental Agreement were arrived between the parties after arm’s length negotiation. The provision of the Loan is a transaction carried out as part of the ordinary and usual course of business activities of the Group. The Lender, as a licensed money lender, will continue to receive interest income from the Borrower for the extension period. The Directors consider that the above-mentioned amendments under the Loan Agreement are fair and reasonable and are in the interests of the Company and its shareholders as a whole. Save as amended by the Second Supplemental Agreement, all other terms and conditions of the Loan Agreement as amended by the Supplemental Agreement remain unchanged. Hong Kong, 15 July 2013 By Order of the Board COL Capital Limited Xxxxx Xxx Un Chairman
THE SECOND SUPPLEMENTAL AGREEMENT. On 28 February 2012, the Company and China Everbright entered into of the Second Supplemental Agreement. Pursuant to the terms and conditions of the Second Supplemental Agreement, the Company and China Everbright confirm the renewal of the Agreement. The parties further agree that the Investment Management Fee payable by the Company to China Everbright will be adjusted to HK$960,000 per annum with effect from 20 May 2012 and payable monthly by the Company to China Everbright in HK$80,000 per month. Furthermore, it was agreed that the Company and China Everbright shall not terminate the Agreement (as amended by the First Supplemental Agreement and the Second Supplemental Agreement) within the twelve months commencing from 20 May 2012. As such, the annual cap for the Investment Management Fee payable by the Company to China Everbright from 20 May 2012 to 20 May 2013 would be HK$960,000 per annum. Subject to the above amendments, the other terms and conditions of the Agreement remained the same. REASONS FOP THE ENTERING INTO OF THE SUPPLEMENTAL AGREEMENTS The Company is an investment company listed under Chapter 21 of the Listing Rules on the Stock Exchange and aims to achieve medium-term capital appreciation by investing in listed and unlisted companies mainly in Hong Kong and the PRC. Since 2003, the Company has appointed China Everbright to provide investment management services to the Company. The First Supplemental Agreement and the Second Supplemental Agreement were entered into after arm’s length negotiations with reference to the relevant fees chargeable by other investment managers and also the investment portfolio of the Company. Furthermore, the First Supplemental Agreement set a cap on the maximum Investment Management Fee chargeable by China Everbright and the Directors are of the view that such cap is fair and reasonable and in the interests of the Company and the Shareholders as a whole. The Directors are of the opinion that China Everbright will continue to have the necessary expertise in providing the investment management services to the Company in the future and the terms and conditions of the First Supplemental Agreement and the Second Supplemental Agreement are fair and reasonable and in normal commercial terms. The Directors consider that the execution of the First Supplemental Agreement and the Second Supplemental Agreement is fair and reasonable and in the best interests of the Company and the Shareholders as a whole, on normal commerc...
THE SECOND SUPPLEMENTAL AGREEMENT. On 6 December 2012, Shanghai Urban Development and State-owned Management Company entered into the Second Supplemental Agreement amending the terms of the Cross Guarantee Agreement. Pursuant to the Second Supplemental Agreement, the parties have agreed to
THE SECOND SUPPLEMENTAL AGREEMENT. On 2 September 2012, the Purchaser, Xx. Xxxx, Xx. Xxxx, the Vendor and the Company entered into the Second Supplemental Agreement to amend certain terms of the Revised Agreement. Details of the major terms of the Second Supplemental Agreement are set out below. Date: 2 September 2012 Parties: The Purchaser (a wholly-owned subsidiary of the Company); The Vendor;
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Related to THE SECOND SUPPLEMENTAL AGREEMENT

  • Supplemental Agreement If the State finds that the work does constitute additional work, the State shall so advise the Engineer and a written supplemental agreement will be executed as provided in General Provisions, Article 6,

  • Sales and Supplemental Agreements The terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter “Supplemental Agreement”) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.

  • TIPS Sales and Supplemental Agreements If awarded, when making a sale under this awarded contract, the terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, AIA Contract, Invoice, etc.) (“Supplemental Agreement” as used herein) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s) between the Vendor and the TIPS Member.

  • Supplemental Agreements The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement. Survival Clause All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement.

  • Rental Agreement All of the Roommates agree to be bound by all of the terms of the Rental Agreement.

  • Indemnity for Underlying Sales and Supplemental Agreements Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise.

  • Amendment of the Agreement The Agreement is hereby amended as follows:

  • Amendment of Agreement This Agreement may be amended only by written agreement of the Adviser and the Sub-Adviser and only in accordance with the provisions of the 1940 Act and the rules and regulations promulgated thereunder.

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