Pelawan SPV definition
Examples of Pelawan SPV in a sentence
Common Terms Agreement means the amended and restated RPM Funding Common Terms Agreement in the agreed form, concluded or to be concluded on or about the Signature Date between RPM, the Borrower, Pelawan SPV, the Parent and certain others.
In addition, Amplats also holds the R1.1 billion B1 Preference Shares into Pelawan SPV.
The proceeds received by Plateau, Holdco and the Pelawan SPV pursuant to any advance by the Lender under the Standby Facility or the OCSF Facility or the subscription by the Lender of the RPM Preference Shares, shall be utilised in accordance with the terms of and for the purpose set out in the relevant Finance Document and on the terms and conditions set out in this Agreement.
Pelawan SPV entered into a conversion implementation agreement on 26 June 2009 (“the Conversion Implementation Agreement”).
In particular, Pelawan SPV and Anooraq undertake to take all steps necessary to pass the requisite special resolutions to give effect to the terms and conditions of this Agreement in accordance with the provisions of sections 85 to 89 of the Companies Act.
The purchase consideration of this sale is the issuing and allotment by Anooraq of the Anooraq 2 Consideration Shares and Anooraq 3 Consideration Shares to Pelawan SPV on the Conversion Date in accordance with clause 6.2.
Therefore Pelawan SPV is not providing any financial assistance as contemplated in section 44 of the Companies Act.
Ÿ To the extent that ARQ issues new ARQ Ordinary Shares, Pelawan SPV shall convert its B3 Preference Shares to ARQ Ordinary Shares to the extent that Pelawan’s equity shareholding in ARQ after such a rights offer would be above 51%, assuming and Including In the calculation that Amplats converted all its B Preference Shares to ARQ Ordinary Shares.
A notice convening this shareholders meeting was delivered to the sole shareholder of Pelawan SPV on [•].
Pelawan SPV specifically acknowledges that the reference to Conversion in this Agreement is adequate forewarning of the delivery of the Conversion Notice and RPM is under no obligation to deliver any additional Advance Notice.