THE PRE-CONDITIONAL PRIVATIZATION PROPOSAL. 3.1 The Privatization Proposal Mengniu, the Offeror and Yashili further jointly announce that on May 3, 2022, the Offeror has formally requested the Yashili Board to, subject to the satisfaction of the Scheme Pre-Conditions, put forward a proposal to the Scheme Shareholders for the privatization of Yashili by way of a scheme of arrangement under section 86 of the Companies Act. Upon the fulfilment of the Scheme Conditions and the Scheme becoming effective, all Scheme Shares will be cancelled and the Scheme Shareholders will be entitled to the Cancellation Price of HK$1.20 for each Scheme Share. In accordance with Rule 20.1(a) of the Takeovers Code, upon the Scheme becoming effective, the Cancellation Price will be paid by the Offeror to the Scheme Shareholders as soon as possible but in any event within seven business days (as defined in the Takeovers Code) after the Scheme Effective Date.


  • WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

  • NOW, THEREFORE the parties hereto agree as follows:

  • Notices All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so mailed:

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.