COMPANY OR CLOSE CORPORATION TO BE FORMED Sample Clauses

COMPANY OR CLOSE CORPORATION TO BE FORMED. 13.1. In the event of the party signing as PURCHASER acting as Trustee for a Company/Close Corporation formed or to be formed, then that signatory binds himself in his personal capacity as co- principal debtor for all obligations herein created and shall be responsible to the SELLER as if he was the PURCHASER in terms of this agreement.
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COMPANY OR CLOSE CORPORATION TO BE FORMED. If the person (“the signatory”) signing as Purchaser acts or purports to act as agent or trustee for a company or close corporation not yet incorporated:
COMPANY OR CLOSE CORPORATION TO BE FORMED. Should this agreement be signed on behalf of a company or close corporation to be formed then should the company or close corporation not be formed and ratify this agreement within 30 days of date of final signature hereof then, the signatory on behalf of the Purchaser, shall be the Purchaser for all intents and purposes in terms hereof.
COMPANY OR CLOSE CORPORATION TO BE FORMED. If the person who signs this Lease for the Tenant does so acting as a trustee or agent for a company or close corporation to be formed (the "Trustee") then the provisions of this 34.5 shall apply. Such company or close corporation shall be incorporated by not later than 30 (thirty) days after the Signature Date. Subject to 34.5.2, if a company is formed for the purpose of ratifying or adopting this Lease, then the Landlord shall not be bound by such ratification or adoption unless - the company's memorandum on the date of the company's incorporation contains as one of its objects the ratification or adoption of this Lease; the company in fact ratifies or adopts this Lease within 7 (seven) days after its incorporation; and the Trustee delivers to the Landlord within 7 (seven) days of the ratification by the company of this Lease, a copy of the company's memorandum, articles of association and the company's resolution evidencing the ratification or adoption, all duly certified as true copies by a director. If a close corporation is formed for the purpose of ratifying or adopting this Lease, then the Landlord shall not be bound by such ratification or adoption unless - all the members of the corporation have given their written consent to such ratification or adoption within 7 (seven) days after the incorporation of such close corporation; and the Trustee delivers, within 7 (seven) days after the ratification by the corporation of this Lease, to the Landlord a copy of the close corporation's founding statement together with a copy of the written consent of all its members to the ratification or adoption of this Lease, both duly certified as true copies by an authorised member of the corporation. If neither the company nor the close corporation is incorporated, or once it is incorporated fails to ratify or adopt this Lease in the manner envisaged in 34.5.3 and 34.5.4, then the Trustee shall be personally bound by and liable for all the obligations and entitled to all the rights in terms of this Lease. Until such time as the company or close corporation becomes the Tenant in terms hereof, the Landlord shall be entitled to regard the Trustee as the Tenant and shall be entitled to exercise all or any of the Landlord's rights against the Trustee personally. If the company or close corporation is formed, incorporated or registered, obtains a certificate to commence business and ratifies and adopts this agreement within the time periods referred to in 34.5.3 and 34....
COMPANY OR CLOSE CORPORATION TO BE FORMED. If this lease is entered into by a person/s acting as Agent/s or trustee/s on behalf of a company or close Corporation or trust not yet formed then:
COMPANY OR CLOSE CORPORATION TO BE FORMED. 12.1 If the person who signs this agreement for the purchaser professes to act as a trustee or agent for a company or close corporation not yet formed, incorporated or registered, the person so signing shall be deemed to be personally the purchaser in terms of this agreement if within thirty days of the signature date the relevant company or close corporation -

Related to COMPANY OR CLOSE CORPORATION TO BE FORMED

  • Register of Shares and Share Certificates A register shall be kept at the principal office of the Trust or an office of one or more transfer agents which shall contain the names and addresses of the Shareholders of each Series and Class, the number of Shares of that Series and Class thereof held by them respectively and a record of all transfers thereof. As to Shares for which no certificate has been issued, such register shall be conclusive as to who are the holders of the Shares and who shall be entitled to receive dividends or other distributions or otherwise to exercise or enjoy the rights of Shareholders. No Shareholder shall be entitled to receive payment of any dividend or other distribution, nor to have notice given to him as herein or in the By-laws provided, until he has given his address to the transfer agent or such other officer or agent of the Trust as shall keep the said register for entry thereon. The Trustees shall have no obligation to, but in their discretion may, authorize the issuance of share certificates and promulgate appropriate rules and regulations as to their use. If one or more share certificates are issued, whether in the name of a Shareholder or a nominee, such certificate or certificates shall constitute evidence of ownership of the Shares evidenced thereby for all purposes, including transfer, assignment or sale of such Shares, subject to such limitations as the Trustees may, in their discretion, prescribe.

  • REGISTRATION OF TRANSFER OF AMERICAN DEPOSITARY SHARES; COMBINATION AND SPLIT-UP OF RECEIPTS INTERCHANGE OF CERTIFICATED AND UNCERTIFICATED AMERICAN DEPOSITARY SHARES. The Depositary, subject to the terms and conditions of the Deposit Agreement, shall register a transfer of American Depositary Shares on its transfer books upon (i) in the case of certificated American Depositary Shares, surrender of the Receipt evidencing those American Depositary Shares, by the Owner or by a duly authorized attorney, properly endorsed or accompanied by proper instruments of transfer or (ii) in the case of uncertificated American Depositary Shares, receipt from the Owner of a proper instruction (including, for the avoidance of doubt, instructions through DRS and Profile as provided in Section 2.9 of that Agreement), and, in either case, duly stamped as may be required by the laws of the State of New York and of the United States of America. Upon registration of a transfer, the Depositary shall deliver the transferred American Depositary Shares to or upon the order of the person entitled thereto. The Depositary, subject to the terms and conditions of the Deposit Agreement, shall upon surrender of a Receipt or Receipts for the purpose of effecting a split-up or combination of such Receipt or Receipts, execute and deliver a new Receipt or Receipts for any authorized number of American Depositary Shares requested, evidencing the same aggregate number of American Depositary Shares as the Receipt or Receipts surrendered. The Depositary, upon surrender of certificated American Depositary Shares for the purpose of exchanging for uncertificated American Depositary Shares, shall cancel the Receipt evidencing those certificated American Depositary Shares and send the Owner a statement confirming that the Owner is the owner of the same number of uncertificated American Depositary Shares. The Depositary, upon receipt of a proper instruction (including, for the avoidance of doubt, instructions through DRS and Profile as provided in Section 2.9 of the Deposit Agreement) from the Owner of uncertificated American Depositary Shares for the purpose of exchanging for certificated American Depositary Shares, shall cancel those uncertificated American Depositary Shares and register and deliver to the Owner a Receipt evidencing the same number of certificated American Depositary Shares. As a condition precedent to the delivery, registration of transfer, or surrender of any American Depositary Shares or split-up or combination of any Receipt or withdrawal of any Deposited Securities, the Depositary, the Custodian, or Registrar may require payment from the depositor of the Shares or the presenter of the Receipt or instruction for registration of transfer or surrender of American Depositary Shares not evidenced by a Receipt of a sum sufficient to reimburse it for any tax or other governmental charge and any stock transfer or registration fee with respect thereto (including any such tax or charge and fee with respect to Shares being deposited or withdrawn) and payment of any applicable fees as provided in the Deposit Agreement, may require the production of proof satisfactory to it as to the identity and genuineness of any signature and may also require compliance with any regulations the Depositary may establish consistent with the provisions of the Deposit Agreement. The Depositary may refuse to accept deposits of Shares for delivery of American Depositary Shares or to register transfers of American Depositary Shares in particular instances, or may suspend deposits of Shares or registration of transfer generally, whenever it or the Company considers it necessary or advisable to do so. The Depositary may refuse surrenders of American Depositary Shares for the purpose of withdrawal of Deposited Securities in particular instances, or may suspend surrenders for the purpose of withdrawal generally, but, notwithstanding anything to the contrary in the Deposit Agreement, only for (i) temporary delays caused by closing of the Depositary’s register or the register of holders of Shares maintained by the Company or the Foreign Registrar, or the deposit of Shares, in connection with voting at a shareholders’ meeting or the payment of dividends, (ii) the payment of fees, taxes and similar charges, (iii) compliance with any U.S. or foreign laws or governmental regulations relating to the American Depositary Shares or to the withdrawal of the Deposited Securities or (iv) any other reason that, at the time, is permitted under paragraph I(A)(1) of the General Instructions to Form F-6 under the Securities Act of 1933 or any successor to that provision. The Depositary shall not knowingly accept for deposit under the Deposit Agreement any Shares that, at the time of deposit, are Restricted Securities.

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