Common use of Conversion Period Clause in Contracts

Conversion Period. Subject as hereinafter provided, the Bondholders have the right to convert their Bonds into Shares (as defined in Condition 6(a)(v) (Meaning of “Shares”)) at any time during the Conversion Period referred to below. The right of a Bondholder to convert any Bond into Shares is called the “Conversion Right”. Subject to and upon compliance with, the provisions of this Condition 6 (Conversion), the Conversion Right attaching to any Bond may be exercised, at the option of the holder thereof, subject to any applicable fiscal or other laws or regulations and as hereinafter provided, (x) at any time in each period from (and including) the 25th Scheduled Trading Day to (and including) the 5th Scheduled Trading Day immediately prior to [issue date and month] in each year, beginning in 2022 (but, except as provided in Condition 6(a)(iv) (Revival and/ or survival after Default) and Condition 10 (Events of Default), in no event thereafter) or (y) if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(b) (Redemption at the Option of the Bondholders) or Condition 8(c) (Redemption for a Relevant Event) then up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). Notwithstanding the foregoing, if the Conversion Date in respect of a Bond would otherwise fall during a period in which the register of shareholders of the Issuer is closed generally or for the purpose of establishing entitlement to any distribution or other rights attaching to the Shares (a “Book Closure Period”), such Conversion Date shall be postponed to the first Stock Exchange Business Day (as defined in Condition 6(b)(i) (Conversion Notice)) following the expiry of such Book Closure Period. If the Conversion Date in respect of the exercise of any Conversion Right is postponed as a result of the foregoing provision to a date that falls after the expiry of the Conversion Period or after the relevant redemption date, such Conversion Date shall be deemed to be the final day of such Conversion Period or the relevant redemption date, as the case may be. The number of Shares to be issued on conversion of a Bond will be determined by dividing the principal amount of the Bond to be converted by the Conversion Price (as defined in Condition 6(a)(iii) (Conversion Price) below) in effect on the relevant Conversion Date (as defined in Condition 6(b)(i) (Conversion Notice) below). A Conversion Right may only be exercised in respect of one or more Bonds.

Appears in 1 contract

Sources: Placing Agency Agreement

Conversion Period. Subject as hereinafter provided, the Convertible Bondholders have the right to convert their Convertible Bonds into Shares (credited as defined in Condition 6(a)(v) (Meaning of “Shares”)) fully paid at any time during the Conversion Period referred to below. The right of a Bondholder to convert any Bond into Shares is called the “Conversion Right”. . (a) Subject to and upon compliance with, with the provisions of this Condition 6 (Conversion)Conditions, the Conversion Right attaching to any Bond portion of the Convertible Bonds may be exercised, at the option of the holder thereof, subject to any applicable fiscal or other laws or regulations and as hereinafter provided, (x) by delivery of a Conversion Notice in accordance with these Conditions at any time in each period from up to fifteen (and including15) the 25th Scheduled Trading Day to (and including) the 5th Scheduled Trading Day immediately calendar days prior to [issue date and month] in each year, beginning in 2022 the Initial Maturity Date (but, except as provided in Condition 6(a)(iv) (Revival and/ or survival after Default) and Condition 10 (Events of Default), in no event thereafter) or (y) if notice requiring redemption has been given by the holder of such Bond pursuant to Condition 8(b) (Redemption at the Option inclusive of the Bondholders) or Condition 8(c) (Redemption for a Relevant Event) then up to the close of business (at the place aforesaid) on the 15th calendar day prior to the giving Initial Maturity Date) (the “Initial Conversion Period”) at the place where the Certificate evidencing the Convertible Bonds is deposited for conversion, and conversion of the relevant Convertible Bonds to Shares upon the exercise of such Conversion Right shall take place on the Conversion Date. In the event that by the end of the Initial Conversion Period (being 5:00 p.m. (Hong Kong time) on the 15th calendar day prior to the Initial Maturity Date) any of the Regulatory Approvals in Condition 6.1(iv) have not yet been obtained and is awaiting decision from the relevant regulator, the holder of the Convertible Bonds can deliver a written extension notice (the “Extension Notice”) to the Company, in which case both the Initial Conversion Period and the Initial Maturity Date shall be extended by three months (the Initial Conversion Period, as extended where applicable, shall be referred to as the “Conversion Period”). Notwithstanding If a Conversion Notice or the foregoingExtension Notice is not delivered in respect of any portion of the Convertible Bonds by the end of the Initial Conversion Period or if a Conversion Notice is not delivered in respect of any portion of the Convertible Bonds by the end of the Conversion Period, such Convertible Bonds shall be redeemed on Maturity Date in accordance with Condition 8.1, but subject always to any redemption pursuant to Condition 8.2 or Condition 8.3. (b) A Conversion Right may not be exercised (x) in respect of Convertible Bonds where the holder thereof shall have exercised its right, by delivering or depositing the relevant notice, to require the Company to redeem its Convertible Bonds pursuant to Condition 8.2 or Condition 8.3, or (y) except as provided in Conditions 6.1(iii), following the giving of notice by a Convertible Bondholder pursuant to Condition 10 or (z) (in respect of a Convertible Bondholder who is not an Initial Convertible Bondholder or a Permitted Affiliate Transferee of the Initial Convertible Bondholder) if the Convertible Bondholder is not a Permitted Other Transferee. (c) If the Conversion Date in respect of a Bond the Convertible Bonds would otherwise fall during a period in which the register of shareholders of the Issuer Company is closed generally or for the purpose of establishing entitlement to any distribution or other rights attaching to the Shares (a “Book Closure Period”), such Conversion Date shall be postponed to the first Stock Exchange Business Day (as defined in Condition 6(b)(i) (Conversion Notice)) trading day following the expiry of such Book Closure Period. If the Conversion Date in respect of the exercise of any Conversion Right is postponed as a result of the foregoing provision to a date that falls after the expiry of the Conversion Period or after the relevant redemption date, such Conversion Date shall be deemed to be the final day of such Conversion Period or the relevant redemption date, as the case may be. . (d) The number of Shares to be issued on conversion of a Bond the Convertible Bonds will be determined by dividing the principal amount of the Bond Convertible Bonds to be converted (translated into Hong Kong dollars at the fixed exchange rate of HK$7.8115 = US$1.0 (the “Fixed Exchange Rate”) by the Conversion Price (as defined in Condition 6(a)(iii) (Conversion Price) below) in effect on the relevant Conversion Date (as defined in Condition 6(b)(i) (Conversion Notice) below). A Conversion Right may only be exercised in respect of one or more BondsDate.

Appears in 1 contract

Sources: Convertible Bonds Subscription Agreement

Conversion Period. Subject as hereinafter provided, the Bondholders have the right to convert their all (but not part) of the Bonds into Shares (as defined in Condition 6(a)(v) (Meaning of “Shares”)) at any time during the Conversion Period referred to below. The right rights of a Bondholder attached to the Bond to convert any Bond the principal amount of the Bonds into Shares pursuant to the Conditions is called the “Conversion Right”. Subject to and upon compliance with, the provisions of this Condition 6 (Conversion), the Conversion Right attaching to any Bond the Bonds may be exercised, at the option of the holder thereof, subject to any applicable fiscal or other laws or regulations and as hereinafter provided, (x) at any time in each during the period from commencing on the date immediately following the issuance date of the Bonds up to 4:00 p.m. (and includingHong Kong time) on the 25th Scheduled Trading date which falls on the seventh (7th) Business Day to (and including) the 5th Scheduled Trading Day immediately prior to [issue date and month] in each year, beginning in 2022 (but, except as provided in Condition 6(a)(iv) (Revival and/ or survival after Default) the Maturity Date and Condition 10 (Events of Default), in no event thereafter) ), or (y) if notice requiring redemption has been given by the holder of such Bond the Bonds pursuant to Condition 8(b) (Redemption at the Option of the Bondholders) or Condition 8(c) (Redemption for a Relevant EventDelisting or Change of Control or failure to satisfy the Conditions) then during the period from the Issue Date and up to the close of business (at the place aforesaid) on the day prior to the giving of such notice (the “Conversion Period”). Notwithstanding the foregoing, if the Conversion Date in respect of a Bond the Bonds would otherwise fall during a period in which the register of shareholders of the Issuer is closed generally or for the purpose of establishing entitlement to any distribution or other rights attaching to the Shares (a “Book Closure Period”), such Conversion Date shall be postponed to the first day (the “Stock Exchange Business Day (as defined in Condition 6(b)(iDay(s)”) (Conversion Notice)other than a Saturday or Sunday) on which the Stock Exchange following the expiry of such Book Closure Period. If the Conversion Date in respect of the exercise of any Conversion Right is postponed as a result of the foregoing provision to a date that falls after the expiry of the Conversion Period or after the relevant redemption date, such Conversion Date shall be deemed to be the final day of such Conversion Period or the relevant redemption date, as the case may be. The number of Shares to be issued on conversion of a Bond will be determined by dividing the principal amount of the Bond Bonds to be converted by the Conversion Price (as defined in Condition 6(a)(iii) (Conversion Price) below) in effect on the relevant Conversion Date (as defined in Condition 6(b)(i) (Conversion Notice) below). A Conversion Right may only be exercised in respect of one or more BondsDate.

Appears in 1 contract

Sources: Subscription Agreement