Shareholding Clause Samples

Shareholding. 6.1 The Lead Member of such Preferred Bidder JV/consortium shall at all time during the License Period hold equity equivalent to …………..(as per clause 6.9.2) of the subscribed and paid up capital in the special purpose company incorporated by the parties to work as the contractor. Further, other consortium members whose technical/financial eligibility shall have been used for the purpose of qualification under this TENDER shall hold (as per clause

Shareholding. 6.1 The Lead Member of such selected Bidder (JV / Consortium) shall at all time during the contract period hold equity equivalent to % (as per clause 6.9.2 of ITB) of the subscribed and paid up capital incorporated by the parties to work as the Contractor. Further, other consortium members whose technical / financial eligibility shall have been used for the purpose of qualification under this Tender document shall hold ………..% (as per clause 6.9.3 of ITB) equity respectively, in the subscribed and paid up capital during the contract period; Provided however that the Employer may in its sole and absolute discretion permit a JV / Consortium member to divest [in full/partially] its equity shareholding in the subscribed and paid up capital of the Contractor. (a) The Parties undertake that they shall comply with all equity lock-in requirements set forth in the tender for “the Work”.

Shareholding. CSM is (either directly or through any one or more of its wholly-owned subsidiaries) the legal and beneficial owner of at least 51 per cent. of the issued share capital of the Borrower and Singapore Technologies Pte Ltd is (either directly or through any one of more of its wholly-owned subsidiaries) the legal and beneficial owner of at least 51 per cent. of the issued share capital of CSM;

Shareholding. The Guarantor shall always remain the 100 % owner of the Shares.

Shareholding. (a) The undersigned is the record holder and beneficial owner of the Shares specified below, which Shares constitute all of the Shares owned of record or beneficially by the undersigned and all of its Affiliates; (b) except as otherwise disclosed in a schedule delivered together with this Endorsement and except or for any rights of the undersigned’s spouse, if any, arising by operation of law, no Person other than the undersigned has sole power of disposition and sole voting power with respect to any of the Shares specified below, and there are no restrictions on any such rights, other than such restrictions on transfer as arise under applicable United States federal securities laws and the terms and conditions of this Endorsement; and (c) except as otherwise disclosed in a schedule delivered together with this Endorsement, its Shares are held free and clear of all Liens, proxies, voting trusts or agreements, understandings or arrangements whatsoever, except for Liens arising under this Endorsement. This Endorsement, and any dispute, controversy or claim arising out of, relating to or in connection with this Endorsement, or for the breach or alleged breach thereof, whether in contract, in tort or otherwise, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any conflicts of laws or other principles thereof that would result in the application of the laws of another jurisdiction. For the avoidance of doubt, the undersigned confirms that it is fully familiar with the provisions of Section 5-1401 of the New York General Obligations Law, and intends to bring this Endorsement within the terms thereof. [Name of Transferee] By Name: Title: Type and Number of Shares: [ shares of stock] Information about the identities and ownership of each Beneficial Owner of the Transferee [specify]:

Shareholding. The Concessionaire shall ensure that the Applicant/ members of the Consortium maintain Management Control at least until expiry of the Exclusivity Period30 as also maintain their equity holding in the Concessionaire such that31: (a) The Applicant/members of the Consortium legally and beneficially hold not less than 51% (fifty one percent) of its paid up equity capital until 3 (three) years after Date of Commercial Operations and not less than 26% (twenty six percent) of its paid up equity capital during the balance Concession Period; and (b) M/s [●] (“Lead Member”) legally and beneficially holds at any time not less than 50% (fifty percent) of the Consortium’s holding in the paid up equity capital of the Concessionaire. Notwithstanding the aforesaid, any Transfer of shareholding in the Concessionaire and/or direct or indirect change in the Management Control of the Concessionaire, including by way of a restructuring or amalgamation, shall only be with the prior 30 Where there is no Exclusivity Period prescribed, this would be expiry of 3 years from the Date of Commercial Operations. 31 This provision would be edited depending on whether the bidder is a single applicant or a Consortium. Sub Article (b) will be omitted in case the bidder is a single Applicant. written approval of the Concessioning Authority which consent shall not be withheld except (i) for reasons of national security; or (ii) [if the Person proposed for assuming such Management Control would by virtue of the restrictions imposed under the Applicable Law or the conditions of bidding (including restrictions to avoid anti-competitive and monopolistic practice) and/or public policy be disqualified from undertaking the Project.] Provided, nothing contained in this Article shall preclude or prevent pledge of shares in the Concessionaire in favour of ▇▇▇▇▇▇▇ as security for the Financial Assistance subject to the enforcement and consequent Transfer thereof only with the prior written consent of the Concessioning Authority as stated hereinbefore and in accordance with the Financing Documents.

Shareholding. (i) The Shareholder ceases to be the sole direct legal and equitable shareholder of the Charterers. (ii) The Guarantor ceases to be the sole direct legal and equitable, or indirect equitable, shareholder of the Shareholder. (iii) The Permitted Holders cease to legally, equitably and directly own, or equitably and indirectly own, at least fifty percent (50%) of the issued share capital of the Guarantor. (iv) The Permitted Holders cease to be the sole direct legal and equitable, or indirect equitable, shareholders of the Approved Manager.

Shareholding. The Concessionaire shall ensure that: (a) The Applicant / Consortium holds not less than 51% of its paid up equity capital until 2 years after COD and not less than 26% of its paid up equity capital during the balance Operations Period. (b) M/s [“Lead Member”] holds at any time not less than 50% (c) of the Consortium’s holding in the paid up equity capital of the Concessionaire. OR5

Shareholding. The Concessionaire shall ensure that the Applicant/ members of the Consortium maintain Management Control at least until expiry of the two (2) years after COD as also maintain their equity holding in the Concessionaire such that: