Privatization. Issuer shall use its best efforts to complete the Privatization as soon as practicable and in any event on or prior to the Privatization Deadline. For the avoidance of doubt, in case the Privatization is terminated or has not been consummated by the Privatization Deadline as a result of one or both of the following: (i) Investor breaches any material terms of the Transaction Documents except for breach that does not contribute to the non-consummation of the Privatization, or (ii) Issuer, despite using its best efforts, has not obtained sufficient financing to fund Privatization, including, but not limited to, the Bank Financing by the Privatization Deadline, Issuer shall not be deemed to have breached this covenant.
Appears in 3 contracts
Sources: Note Subscription Agreement, Note Subscription Agreement (Cheng Zheng), Note Subscription Agreement (Cheng Zheng)