Subject to Clause 5. 3.1, as soon as reasonably possible after the Agreement Date and respecting the accumulative timelines imposed by Applicable Law for each relevant action applicable to the Tender Offer, Frontline shall initiate the process of making a voluntary exchange offer (and as the case may be followed by a Squeeze-out) to the Euronav Shareholders for their respective Euronav Shares at the Tender Offer Consideration against the terms set forth in this Clause 3.2, the closing of which is subject only to the conditions set forth in Clause 5.3.3 (the “Tender Offer”, and the portion of the Tender Offer made with respect to U.S. holders (within the conditions of Rule 14d-1(d) under the 1934 Act), the “U.S. Offer”, and the portion of the Tender Offer made with respect to non-U.S. holders, the “Belgian Offer”), which U.S. Offer shall be made pursuant to the Form F4 (Tender Offer and Merger) and Schedule TO. The Tender Offer Filing shall be subject to the Tender Offer Filing Conditions, and the Tender Offer to the Tender Offer Conditions, specified in this Agreement.
Subject to Clause 5. 1.5 additional rent will be chargeable for the intensification of land use of the said premises. The amount chargeable is dependent on the extent of the intensification.
Subject to Clause 5. 1.4 the User shall provide assistance to carry out the above Corrective Maintenance in which case the User shall act reasonably and without delay in determining whether it will agree to such a request and shall not delay in notifying EGT of its decision. For the avoidance of doubt the User will not be requested to provide on-site assistance.
Subject to Clause 5. 3.6, the Charge Caps for the periods (i) 1 April 2018 to 31 March 2019, (ii) 1 April 2019 to 31 March 2020, (iii) 1 April 2020 to 31 March 2021, (iv) 1 April 2021 to 31 March 2022, (v) 1 April 2022 to 31 March 2023, (vi) 1 April 2023 to 31 March 2024, (vii) 1 April 2024 to 31 March 2025, (viii) 1 April 2025 to 31 March 2026, and (viii) 1 April 2026 to 31 March 2027 shall be the same as the Charge Caps for the period 1 April 2017 to 31 March 2018.
Subject to Clause 5. 4(j), in calculating the average Ad Hoc Charges under clause 5.4(b) and the Aggregate Train Path TOP Charges under clause 5.4(c):
Subject to Clause 5. 4(k), as part of the 2017 Rebate Process, ARTC agrees to recalculate the Original 2016 Rebates by replacing:
Subject to Clause 5. 3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
Subject to Clause 5. 1.1, Isa shall have the right to appoint the Chief Operations Officer (Diretor Vice-Presidente de Operações) and Paladin shall have the right to appoint the remainder of the members of the Board of Executive Officers.
Subject to Clause 5. 3.1, in the case of Sri Lanka Force Majeure affecting the ability of the CEB to receive electrical energy from, or the ability of the Project Company to generate electrical energy at the Wind Farm Facility, the Government shall not be entitled to claim Force Majeure under this Agreement. Information Copy – Not for Bidding
Subject to Clause 5. 2.2, the Manager may extend a discount to the Issue Price under an initial public offering of Units to any applicant who successfully applies to purchase more than such number of Units (as determined by the Manager in its absolute discretion) in a single application, subject to compliance with the Listing Rules and any applicable law or regulation.
