Common use of Invocation Clause in Contracts

Invocation. To be invoked by all Sellers collectively during the invocation period, if and only if the Purchaser fails to: (a) make the payment of the Second Closing Purchase Price to the Sellers by 15 September 2017; or (b) provide the Third Closing Bank Guarantee and the Fourth Closing Bank Guarantee, by the Second Closing Date in accordance with this Agreement; provided that, such non-payment and/or non-provision is not owing to non-fulfilment of Conditions Precedent of the Sellers for the Second Closing or the Condition Precedent set out in paragraph 1 of Part B of SCHEDULE 6, if attributable to the Sellers (the “Purchaser EoD”). Subject to the issuing bank agreeing: (x) the Sellers shall make the invocation, either individually, or through their duly appointed attorney, by way of facsimile or electronic instructions to the issuing bank; (y) if a relevant Seller appoints an attorney, a certified true copy of such authorisation shall be provided to the issuing bank and the Purchaser; and (z) in case any of the Sellers is not an employee and/or director of the Company during the invocation period, the invocation can be undertaken by all of the remaining Sellers collectively, (i.e., without the Seller(s) who is/are not an employee and/or director of the Company).

Invocation. To be invoked by all Sellers collectively during the invocation period, if and only if the Purchaser fails to: (a) to make the payment of the Second Closing Purchase Price to the Sellers by 15 September 20172018; or (b) provide the Third Closing Bank Guarantee and the Fourth Closing Bank Guarantee, by the Second Closing Date in accordance with this AgreementAgreement and subject to Clause 4.2.2A; provided that, such non-payment and/or non-provision is not owing to non-fulfilment of Conditions Precedent of the Sellers for the Second Closing or the Condition Precedent set out in paragraph 1 of Part B of SCHEDULE 6, if attributable to the Sellers (the “Purchaser EoD”). Subject to the issuing bank agreeingagreeing that: (x) the Sellers shall make the invocation, either individually, or through their duly appointed attorney, by way of facsimile or electronic instructions to the issuing bank; (y) if a relevant Seller appoints an attorney, a certified true copy of such authorisation shall be provided to the issuing bank and the Purchaser; and (z) in case any of the Sellers is not an employee and/or director of the Company during the invocation period, the invocation can be undertaken by all of the remaining Sellers collectively, (i.e., without the Seller(s) who is/are not an employee and/or director of the Company).. AMENDMENT AGREEMENT eStamp #: SUBIN- KAKACRSFL0805358739806600P EXECUTION VERSION