Third Completion. Subject to satisfaction (by the Investor) or waiver (in accordance with this Agreement by the Company) of the applicable Company Conditions Precedent set forth in Schedule 1B, on the Target Completion Dates for the third completion of the purchase, sale and issuance of Series H Preference Shares (the “Third Completion” and together with the Initial Completion and the Second Completion, the “Completions”), the Company shall sell and issue to the Investor Series H Preference Shares (the “Third Tranche Subscription Preference Shares”), to be delivered in three stages of (i) 32,452,255, which delivery occurred on July 15, 2020, (ii) 32,452,255 and (iii) 32,452,254, which delivery with respect to the immediately foregoing clauses (ii) and (iii) shall occur on the date specified in the following paragraph, and the Investor shall purchase and acquire the Third Tranche Subscription Preference Shares against payment to the Company of an amount (the “Third Tranche Purchase Price”), to be paid in three corresponding stages of (i) USD200,000,002.34, which payment occurred on July 15, 2020, (ii) USD200,000,002.34 and (iii) USD199,999,996.18, respectively, which payment with respect to the immediately foregoing clauses (ii) and (iii) shall occur on the date specified in the following paragraph. The first stage of the Third Completion occurred on July 15, 2020. Each of the second and third stage of the Third Completion shall occur on the later of (i) the applicable Target Completion Date for such stage and (ii) the second Business Day after the date on which the last Company Condition Precedent set forth in Schedule 1B is satisfied (by the Investor) or waived (in accordance with this Agreement by the Company) (other than any such condition that by its terms is required to be satisfied or waived at such stage of the Third Completion, but subject to the satisfaction or waiver thereof); provided, however, that if (i) the Company does not obtain the Shareholders’ Approval at the Company Shareholders’ Meeting, (ii) on the applicable Target Completion Date for such stage not all Company Conditions Precedent set forth in Schedule 1B are satisfied by the Investor (other than any such condition that by its terms is required to be satisfied at such stage of the Third Completion, but subject to the satisfaction thereof), or (iii) the Investor does not fund in full any portion of the Third Tranche Purchase Price within five Business Days of the date when such portion falls due under this Section 4.1.3(a), the Company may, by giving written notice to the Investor at any time, terminate this Agreement without any liability on the part of the Company, and this Agreement shall be of no further effect whatsoever as between the Investor and the Company, save in respect of any antecedent breach by the Investor of the terms of this Agreement. References to the Third Completion throughout this Agreement shall be deemed to refer, as necessary, to the applicable stage of the Third Completion. The parties agree that the Target Completion Dates in respect of the Third Completion as so amended shall constitute the respective Extended Completion Date in respect of such Target Completion Date and the provisions of Clause 2.6 of the Agreement shall apply with respect thereto in each case.
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Third Completion. Subject to satisfaction (by the Investor) or waiver (in accordance with this Agreement by the Company) of the applicable Company Conditions Precedent set forth in Schedule 1B, on the Target Completion Dates for the third completion of the purchase, sale and issuance of Series H Preference Shares (the “Third Completion” and together with the Initial Completion and the Second Completion, the “Completions”), the Company shall will sell and issue to the Investor 97,356,764 Series H Preference Shares in the aggregate (the “Third Tranche Subscription Preference Shares”), to be delivered in three stages of (i) 32,452,255, which delivery occurred on July 15, 2020, (ii) 32,452,255 and (iii) 32,452,254, which delivery with respect to the immediately foregoing clauses (ii) and (iii) shall occur on the date specified in the following paragraph32,452,254 Series H Preference Shares, and the Investor shall will purchase and acquire the Third Tranche Subscription Preference Shares against payment to the Company of an amount USD600,000,000.86 in the aggregate (the “Third Tranche Purchase Price”), to be paid made in three corresponding stages of (i) USD200,000,002.34, which payment occurred on July 15, 2020, (ii) USD200,000,002.34 and (iii) USD199,999,996.18, respectively; provided, that the Company shall have the right, but not the obligation, to cancel any of the second stage or third stage of the Third Completion, exercisable at any time by giving written notice to the Investor no later than 46 calendar days prior to the Target Completion Date in respect of the applicable stage (in which payment case the Company’s and the Investor’s obligations under this Agreement with respect to the immediately foregoing clauses (ii) applicable stage shall automatically terminate without any further action by the parties, but this Agreement shall otherwise remain in full force and (iii) shall occur effect on the date specified in the following paragraph. The first stage account of the Third Completion occurred on July 15, 2020such cancellation of such stage). Each of the second and third stage of the Third Completion shall occur take place on the later of (i) the applicable Target Completion Date for such stage (as may be accelerated in accordance with the proviso in the definition of “Target Completion Date”) and (ii) the second Business Day after the date on which the last Company Condition Precedent set forth in Schedule 1B is satisfied (by the Investor) or waived (in accordance with this Agreement by the Company) (other than any such condition that by its terms is required to be satisfied or waived at such stage of the Third Completion, but subject to the satisfaction or waiver thereof); provided, however, that if (i) the Company does not obtain the Shareholders’ Approval at the Company Shareholders’ Meeting, (ii) on the applicable Target Completion Date for such stage not all Company Conditions Precedent set forth in Schedule 1B are satisfied by the Investor (other than any such condition that by its terms is required to be satisfied at such stage of the Third Completion, but subject to the satisfaction thereof), or (iii) the Investor does not fund in full any portion of the Third Tranche Purchase Price within five Business Days of the date when such portion falls due under this Section 4.1.3(a), the Company may, by giving written notice to the Investor at any time, terminate this Agreement without any liability on the part of the Company, and this Agreement shall be of no further effect whatsoever as between the Investor and the Company, save in respect of any antecedent breach by the Investor of the terms of this Agreement. References to the Third Completion throughout this Agreement shall be deemed to refer, as necessary, to the applicable stage of the Third Completion. .” The parties agree that the Target Completion Dates in respect of the Third Completion as so amended shall constitute the respective Extended Completion Date in respect of such Target Completion Date and the provisions of Clause 2.6 of the Agreement shall apply with respect thereto in each case.
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