OR ANY BREACH OR ALLEGED BREACH BY THE HOLDER OR ANY
OTHER PERSON OF ANY OBLIGATION TO THE COMPANY OR ANY VIOLATION OR ALLEGED
VIOLATION OF LAW BY THE HOLDER OR ANY OTHER PERSON, AND IRRESPECTIVE OF ANY
OTHER CIRCUMSTANCE WHICH MIGHT OTHERWISE LIMIT SUCH OBLIGATION OF THE COMPANY TO
THE HOLDER IN CONNECTION WITH THE ISSUANCE OF ADDITIONAL INVESTMENT RIGHT
SHARES.
NOTHING HEREIN SHALL LIMIT A HOLDER'S RIGHT TO PURSUE ANY OTHER
REMEDIES AVAILABLE TO IT HEREUNDER, AT LAW OR IN EQUITY INCLUDING, WITHOUT
LIMITATION, A DECREE OF SPECIFIC PERFORMANCE AND/OR INJUNCTIVE RELIEF WITH
RESPECT TO THE COMPANY'S FAILURE TO TIMELY DELIVER CERTIFICATES REPRESENTING
ORDINARY SHARES UPON EXERCISE OF THE ADDITIONAL INVESTMENT RIGHT
AS REQUIRED
PURSUANT TO THE TERMS HEREOF.
6.
CHARGES, TAXES AND EXPENSES.
ISSUANCE AND DELIVERY OF
CERTIFICATES FOR ORDINARY SHARES UPON EXERCISE OF THIS ADDITIONAL INVESTMENT
RIGHT SHALL BE MADE WITHOUT CHARGE TO THE HOLDER FOR ANY ISSUE OR TRANSFER TAX,
WITHHOLDING TAX, TRANSFER AGENT FEE OR OTHER INCIDENTAL TAX OR EXPENSE IN
RESPECT OF THE ISSUANCE OF SUCH CERTIFICATES, ALL OF WHICH TAXES AND EXPENSES
SHALL BE PAID BY THE COMPANY; PROVIDED, HOWEVER, THAT THE COMPANY SHALL NOT BE
REQUIRED TO PAY ANY TAX WHICH MAY BE PAYABLE IN RESPECT OF ANY TRANSFER INVOLVED
IN THE REGISTRATION OF ANY CERTIFICATES FOR ADDITIONAL INVESTMENT RIGHT SHARES
OR ADDITIONAL INVESTMENT RIGHTS IN A NAME OTHER THAN THAT OF THE HOLDER OR AN
AFFILIATE THEREOF.
THE HOLDER SHALL BE RESPONSIBLE FOR ALL OTHER TAX LIABILITY
THAT MAY ARISE AS A RESULT OF HOLDING OR TRANSFERRING THIS ADDITIONAL INVESTMENT
RIGHT OR RECEIVING ADDITIONAL INVESTMENT RIGHT SHARES UPON EXERCISE HEREOF.
7.
REPLACEMENT OF ADDITIONAL INVESTMENT RIGHT.
IF THIS ADDITIONAL
INVESTMENT RIGHT IS MUTILATED, LOST, STOLEN OR DESTROYED, THE COMPANY SHALL
ISSUE OR CAUSE TO BE ISSUED IN EXCHANGE AND SUBSTITUTION FOR AND UPON
CANCELLATION HEREOF, OR IN LIEU OF AND SUBSTITUTION FOR THIS ADDITIONAL
INVESTMENT RIGHT, A NEW ADDITIONAL INVESTMENT RIGHT, BUT ONLY UPON RECEIPT OF
EVIDENCE REASONABLY SATISFACTORY TO THE COMPANY OF SUCH LOSS, THEFT OR
DESTRUCTION AND CUSTOMARY AND REASONABLE BOND OR INDEMNITY, IF REQUESTED.
APPLICANTS FOR A NEW ADDITIONAL INVESTMENT RIGHT UNDER SUCH CIRCUMSTANCES SHALL
ALSO
3
COMPLY WITH SUCH OTHER REASONABLE REGULATIONS AND PROCEDURES AND PAY SUCH OTHER
REASONABLE THIRD-PARTY COSTS AS THE COMPANY MAY PRESCRIBE.
8.
RESERVATION OF ADDITIONAL INVESTMENT RIGHT SHARES.
THE COMPANY
COVENANTS THAT IT WILL AT ALL TIMES RESERVE AND KEEP AVAILABLE OUT OF THE
AGGREGATE OF ITS AUTHORIZED BUT UNISSUED AND OTHERWISE UNRESERVED ORDINARY
SHARES, SOLELY FOR THE PURPOSE OF ENABLING IT TO ISSUE ADDITIONAL INVESTMENT
RIGHT SHARES UPON EXERCISE OF THIS ADDITIONAL INVESTMENT RIGHT AS HEREIN
PROVIDED, THE NUMBER OF ADDITIONAL INVESTMENT RIGHT SHARES WHICH ARE THEN
ISSUABLE AND DELIVERABLE UPON THE EXERCISE OF THIS ENTIRE ADDITIONAL INVESTMENT
RIGHT, FREE FROM PREEMPTIVE RIGHTS OR ANY OTHER CONTINGENT PURCHASE RIGHTS OF
PERSONS OTHER THAN THE HOLDER (AFTER GIVING EFFECT TO THE ADJUSTMENTS AND
RESTRICTIONS OF SECTION 9, IF ANY). THE COMPANY COVENANTS THAT ALL ADDITIONAL
INVESTMENT RIGHT SHARES SO ISSUABLE