Any exercise by Country Hill of its pre-emptive right
to subscribe for the Country Hill Pre- emptive Shares in connection with the issue of the New Share and any Datang Further Subscription will be at a price equivalent to the Subscription Price and conditional on the obtaining of the approval of the independent Shareholders.
Pursuant to the Datang Subscription Agreement, Datang is deemed to have elected not to exercise its pre-emptive right
with respect to the Datang Pre-emptive Securities if it does not respond to the final notice within ten (10) business days following the date of the final notice.
provisions of the Joint Operating Agreement and no pre-emptive right
The Company is currently contemplating (i) a top-up placing arrangement which would involve the issue of new Shares, and/or (ii) the issue of Bonds, and has been informed by each of Datang and Country Hill in a non-legally binding letter of intent that it was committed to exercising its respective pre-emptive right
to subscribe for the Shares and/or Bonds, up to the amount it is entitled to under the Datang Subscription Agreement (in the case of Datang) or the Country Hill Subscription Agreement for a total consideration of up to US$25,000,000 (in the case of Country Hill), based on terms and conditions that are substantially the same as the offers to international investors.
Pursuant to the Datang Subscription Agreement, Datang is deemed to have elected not to exercise the pre-emptive right
with respect to the Datang Pre-emptive Bonds if it does not respond to the final notice within ten (10) business days following the date of the final notice.
50 per share, authorized for issuance by up to 30 million shares (equivalent to nominal value DKK 225,000,000), without any pre-emptive rights
for the Company's existing stockholders.
3 of the 16th Extraordinary General Meeting of the Bank dated 27 October 2008 on issuing bonds with the pre-emptive right
to take up shares of BRE Bank SA, and on the conditional increase of the share capital through issue of shares without the subscription right of the existing shareholders to enable persons take part in the incentive programme to adopt shares of BRE Bank SA to apply for admission of the shares to trading in the regulated market and on dematerialisation of the shares.
TSX:IVN)(NYSE:IVN) ("Ivanhoe"), which exercised in full its pre-emptive right
under its October 2004 Equity Participation and Earn-in Agreement with Entree.
FQML also holds a contractual pre-emptive right
to maintain its percentage holdings in certain future transactions.
Furthermore, Barrick has a pre-emptive right
that gives it the opportunity to maintain its proportionate interest in Diamondex in the event of certain future offerings of common shares or securities convertible into or exchangeable for common shares, subject to maintaining a minimum shareholding in Diamondex.
Pursuant to the terms of the Bursa letter agreement between Empire and FQML announced on August 20, 2012, Empire is deemed to have granted a pre-emptive right
to FQML whereby it may elect to participate in future equity offerings of Shares in order to maintain the lower of: (i) a 19.
In addition, Ivanhoe has advised that it will exercise its pre-emptive right
to participate in the $2.