Conversion Period. Subject as provided in these Conditions, each Bond shall entitle the holder to convert such Bond into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (the “Conversion Right”). Subject to and upon compliance with the Conditions, the Conversion Right in respect of a Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days prior to the Maturity Date (as defined in Condition 8(A)) (both days inclusive) (but, except as provided in Condition 6(A)(iii), in no event thereafter) or, if such Bond shall have been called for redemption by the Issuer before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D) or Condition 8(E) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at which Shares will be issued upon exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 per Share, but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise of a Conversion Right shall be determined by dividing the principal amount of the Bonds to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (as defined below). A Conversion Right may only be exercised in respect of one or more Bonds. If more than one Bond held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds to be converted.
Appears in 2 contracts
Sources: Subscription Agreement (Datang Telecom Technology & Industry Holdings LTD), Subscription Agreement (Semiconductor Manufacturing International Corp)
Conversion Period. Subject as provided in these Conditions, each Bond shall entitle the holder to convert such Bond into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (the “Conversion Right”). Subject to and upon compliance with the Conditions, the Conversion Right in respect of a Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 17 August 2016 up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days prior to the Maturity Date (as defined in Condition 8(A)) (both days inclusive) (but, except as provided in Condition 6(A)(iii), in no event thereafter) or, if such Bond shall have been called for redemption by the Issuer before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D) or Condition 8(E) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at which Shares will be issued upon exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 HK$0.9250 per Share, but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise of a Conversion Right shall be determined by dividing the principal amount of the Bonds to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 HKD7.7677 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (as defined belowin Condition 6(B)(i)). A Conversion Right may only be exercised in respect of one or more Bonds. If more than one Bond held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds to be converted.
Appears in 1 contract
Sources: Subscription Agreement (Semiconductor Manufacturing International Corp)
Conversion Period. Subject as provided in these Conditions, each Bond shall entitle the holder to convert such Bond into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (the The “Conversion Right”). Subject to and upon compliance with the Conditions, the Conversion Right Period” in respect of a Bond may any CB shall be exercisedthe period beginning on, at and including the option of the holder thereofIssue Date and ending on, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) including, 5:00 p.m. on the date falling seven days prior to day which is five (5) Trading Days before the Maturity Date Date,
(as defined a) if the Issuer shall default in Condition 8(A)) (both days inclusive) (but, except as provided making payment in Condition 6(A)(iii), full in no event thereafter) or, if such Bond respect of any CB which shall have been called or put for redemption by the Issuer before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D) or Condition 8(E) then up to the close of business (at the place aforesaid) any CB is not redeemed on the day Maturity Date in accordance with Condition 11.1 (Redemption at Maturity), or any CB has become due and payable prior to the giving Maturity Date by reason of such notice (the “Conversion Period”). The price at which Shares will be issued upon exercise occurrence of a an Event of Default, the Conversion Right (the “Conversion Price”) attaching to such CB will initially be HK$0.7965 per Share, but revive and/or will be subject to adjustment in the manner described in Condition 6(C). The number of Shares continue to be issued exercisable, and the relevant Conversion Period shall continue up to and including 5:00 p.m. on exercise of a Conversion Right shall be determined by dividing the principal date upon which the full amount of the Bonds moneys payable in respect of such CB has been duly received by the ▇▇ ▇▇▇▇▇▇ in accordance with Condition 11 (Redemptions), and any CB in respect of which the CB Certificate and Conversion Notice (as defined below) are deposited for conversion prior to such date shall be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (as defined below). A Conversion Right may only be exercised ) notwithstanding that the full amount of the moneys payable in respect of one such CB shall have been received by the CB Holders before such Conversion Date or more Bonds. If that the Conversion Period may have expired before such Conversion Date;
(b) in any such case, if the last day of the Conversion Period would otherwise be a day which is not a Business Day, the last day of the Conversion Period shall be the immediately preceding Business Day; and
(c) the conversion of the CBs (i) does not trigger any mandatory offer obligations under Rule 26 of the Takeovers Code on the part of the holdrs of the CBs which exercised the conversion rights, namely more than one Bond held 30% (or such other percentage as stated in Rule 26 of the Takeovers Code in effect from time to time) of the then issued share capital of the Company or otherwise pursuant to other provisions of the Takeovers Code; and (ii) does not reduce the public float of the Shares to less than 25% (or any given percentage as required by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis Listing Rules) of the aggregate principal amount of the Bonds to be convertedissued Shares.
Appears in 1 contract
Sources: Subscription Agreement
Conversion Period. Subject as provided in these Conditions, each Bond Security shall entitle the holder to convert such Bond Security into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (the “Conversion Right”). Subject to and upon compliance with the ConditionsConditions (including, without limitation, Condition 6(B)(iv), the Conversion Right in respect of a Bond Security may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 [Insert the date falling 14 days after the Issue Date] up to the close of business (at the place where the Certificate evidencing such Bond Security is deposited for conversion) on the date falling seven days prior to the Maturity Date (as defined in Condition 8(A)) date fixed for redemption of the relevant Security (both days inclusive) (but, except as provided in Condition 6(A)(iii), in no event thereafter) or, if such Bond shall have been called for redemption by the Issuer before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond Security pursuant to Condition 8(D) or Condition 8(E8(H) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at which Shares will be issued upon exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 HK$18.8 per Share, but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise of a Conversion Right shall be determined by dividing the principal amount of the Bonds Securities to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (as defined belowin Condition 6(B)(i)). A Conversion Right may only be exercised in respect of one or more BondsSecurities. If more than one Bond Security held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds Securities to be converted.
Appears in 1 contract
Conversion Period. Subject as provided in these Conditionshereinafter provided, each Bond shall entitle Bondholders have the holder right to convert such Bond their Bonds into Shares (as defined in Condition 6(A)(iv)) credited as fully paid at any time during the Conversion Period referred to below (below. The right of a Bondholder to convert any Bond into Shares is called the “Conversion Right”). Subject to and upon compliance with with, the Conditionsprovisions of this Condition, the Conversion Right in respect of a attaching to any Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations on and as hereinafter provided) after 365 days after the date the Issuer’s Shares commences trading on or after 18 December 2013 AMEX upon consummation of the IPO up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days prior to the Maturity Date (as defined in Condition 8(A)) (both days inclusive) March 28, 2012 (but, except as provided in Condition 6(A)(iii6(A)(iv), in no event thereafter) or, or if such Bond shall have been called for redemption by the Issuer before the Maturity DateDate (as defined in Condition 9(A)), then up to the close of business (at the place aforesaid) on a date no later than seven (7) business days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, or if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(D) or Condition 8(E) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice thereof (the “Conversion Period”). The price at which Shares will be issued upon exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 per Share, but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise conversion of a Conversion Right shall Bond will be determined by dividing the principal amount of the Bonds Bond to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on at the relevant Conversion Date (both as defined belowhereinafter defined). A Conversion Right may only be exercised in respect of one (1) or more Bonds. If more than one (1) Bond held by the same holder is converted at any one (1) time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount of the Bonds to be converted.
Appears in 1 contract
Sources: Trust Deed Amendment (China Architectural Engineering, Inc.)
Conversion Period. Subject to the right of the Company to exercise the Cash Settlement Option pursuant to Condition 6(B)(iv) and otherwise as provided in these Conditionshereinafter provided, each Bond shall entitle Bondholders have the holder right to convert such Bond their Bonds into Shares (as defined in Condition 6(A)(iv6(A)(v)) credited as fully paid at any time during the Conversion Period referred to below (below. The right of a Bondholder to convert any Bond into Shares is called the “Conversion Right”). Subject to and upon compliance with with, the Conditionsprovisions of this Condition, the Conversion Right in respect of a attaching to any Bond may be exercised, at the option of the holder thereof, at any time (subject to any applicable fiscal or other laws or regulations and as hereinafter provided) on or after 18 December 2013 May 2017 up to the close of business (at the place where the Certificate evidencing such Bond is deposited for conversion) on the date falling seven days seventh day prior to the Maturity Date (as defined in Condition 8(A)) 8) (both days inclusive) (but, except as provided in Condition 6(A)(iii6(A)(iv), in no event thereafter) or, (a) if such Bond shall have been called for redemption by the Issuer Company before the Maturity Date, then up to the close of business (at the place aforesaid) on a date no later than seven days (both days inclusive and in the place aforesaid) prior to the date fixed for redemption thereof, thereof or if notice requiring redemption has been given by (b) in respect of a Bond where the holder of shall have exercised its right to require the Company to redeem such Bond pursuant to Condition 8(D8(C) or Condition 8(E) 8(D), then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). The price at which Shares will be issued upon Subject to the right of the Company to exercise of a Conversion Right (the “Conversion Price”) will initially be HK$0.7965 per ShareCash Settlement Option pursuant to Condition 6(B)(iv), but will be subject to adjustment in the manner described in Condition 6(C). The number of Shares to be issued on exercise conversion of a Conversion Right shall Bond will be determined by dividing the principal amount Principal Amount Outstanding of the Bonds to be converted (translated into Hong Kong dollars at the fixed rate of HKD7.7532 = US$1.00) (the “Fixed Exchange Rate”) by the Conversion Price in effect on the relevant Conversion Date (both as defined belowhereinafter defined). A Conversion Right may only be exercised in respect of one or more Bonds. If more than one Bond held by the same holder is converted at any one time by the same holder, the number of Shares to be issued upon such conversion will be calculated on the basis of the aggregate principal amount Principal Amount Outstanding of the Bonds to be converted.
Appears in 1 contract
Sources: Convertible Bond Agreement