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WABCO-TVS (INDIA) LIMITED INFORMATION MEMORANDUM ...

WABCO-TVS (INDIA) LIMITED INFORMATION MEMORANDUM ...

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<strong>WABCO</strong>-<strong>TVS</strong> (<strong>INDIA</strong>) <strong>LIMITED</strong> <strong>INFORMATION</strong> <strong>MEMORANDUM</strong><br />

FORFEITURE OF SHARES<br />

If money payable<br />

on shares not<br />

paid, notice to be<br />

given to Member.<br />

42. If any Member fails to pay any call or instalment of a call on or<br />

before the day appointed for the payment of the same or any<br />

such extension thereof as aforesaid, the Board may, at any<br />

time, thereafter, during such time as the call or instalment<br />

remains unpaid, give notice to him requiring him to pay the<br />

same together with any interest that may have accrued and<br />

all expenses that may have been incurred by the Company by<br />

reason of such non-payment.<br />

Form of notice 43. The notice shall name a day (not being less than fourteen days<br />

from the date of the notice) and a place or places on and at<br />

which such call or instalment and such interest thereon at<br />

such rate as the Directors shall determine from the day on<br />

which such call or instalment ought to have been paid and<br />

expenses as aforesaid are to be paid.<br />

In default of<br />

payment, Shares<br />

to be forfeited<br />

Notice of<br />

forfeiture to a<br />

Member<br />

Forfeited Share to<br />

be property of the<br />

Company and<br />

may be sold, etc.,<br />

Member still<br />

liable to pay<br />

money owing at<br />

the time of<br />

forfeiture and<br />

interest<br />

44.<br />

45.<br />

46.<br />

47.<br />

The notice shall also state that, in the event of the nonpayment<br />

at or before the time and at the place appointed, the<br />

Shares in respect of which the call was made or instalment is<br />

payable, will be liable to be forfeited.<br />

If the requirements of any such notice as aforesaid shall not<br />

be complied with, every or any Share in respect of which such<br />

notice has been given, may at any time thereafter before<br />

payment of all calls or instalments, interest and expenses due<br />

in respect thereof, be forfeited by a resolution of the Board to<br />

that effect. Such forfeiture shall include all dividends declared<br />

or any other moneys payable in respect of the forfeited Share<br />

and not actually paid before the forfeiture.<br />

When any Share shall have been so forfeited, notice of the<br />

forfeiture shall be given to the Member in whose name it stood<br />

immediately prior to the forfeiture, and an entry of the<br />

forfeiture, with the date thereof, shall forthwith be made in the<br />

Register of Members, but no forfeiture shall be in any manner<br />

invalidated by any omission or neglect to give such notice or<br />

to make any such entry as aforesaid.<br />

Any Share so forfeited shall be deemed to be the property of<br />

the Company, and may be sold, re-allotted, or otherwise<br />

disposed of, either to the original holder thereof or to any<br />

other Person, upon such terms and in such manner as the<br />

Board shall think fit.<br />

Any Member whose Shares have been forfeited shall<br />

notwithstanding the forfeiture, be liable to pay and shall<br />

forthwith pay to the Company, on demand, all calls,<br />

instalments, interest and expenses owing upon or in respect of<br />

such Shares at the time of the forfeiture, together with<br />

interest thereon from the time of the forfeiture until payment<br />

at such rate as the Board may determine, and the Board may<br />

enforce the payment thereof, as it thinks fit.<br />

Page 77 of 95

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