NSE-Web-Prospectus-2014

a) agrees that having had the opportunity to read this
Prospectus, he shall be deemed to have had notice of all
information and representations concerning the NSE
contained herein;
b) confirms that in making such application he is not relying
on any information or representation in relation to the
NSE other than that contained in this Prospectus and
accordingly agrees that no person responsible solely or
jointly for this Prospectus or any part thereof shall have
any liability for any other information or representation;
c) accepts to receive any communication from the NSE,
including notices for meetings, through electronic means
including but not limited to email or placement of such
notices on NSE’s website, as well as notification through
the mass media;
d) represents and warrants that, except in cases where the
applicant is licensed to apply for and hold shares for
other persons, the applicant applies for the Offer Shares
on his own account, will be the beneficial owner of the
Offer Shares, has not represented himself as a different
person in any other application nor applied for the Offer
Shares under a different name, and is not applying for the
Offer Shares on the instructions of or on behalf of any
other person and has not instructed any other person to
apply for the Offer Shares as his nominee;
e) being an applicant who is authorised to apply for the
Offer Shares on behalf of other persons, represents and
warrants that he is not making multiple applications for
himself or any other person, is not applying as nominee
of any person whom he knows to have applied under any
other name or through any other nominee or person or
for any beneficial owner more than once;
f) acknowledges that the NSE reserves the right to reject
any Application found to be in contravention of
subparagraphs 4.11.11 (b), (d) and (e) above.
4.11.12 By signing an Application Form, an applicant
agrees to the allotment and issue of such number of Offer
Shares (not exceeding the number applied for) as shall be
allotted and issued to the applicant under the terms and
conditions of the Prospectus and subject to the NSE’s
Memorandum and Articles of Association, and agrees that
the NSE may enter the applicant’s name in the register of
members of the NSE as holder of such Offer Shares.
4.12 Acceptance
4.12.1 Acceptance of the Offer, once given is irrevocable.
4.12.2 Acceptance of the Offer may only be communicated
by submitting a duly completed Application Form, together
with Application Money for the number of Offer Shares
specified in the Application Form under the terms set out in
this Prospectus.
4.12.3 The Application Form must be correctly executed so
as to be binding, while the Application Money must be
cleared funds.
4.12.4 The Application Form, once duly completed and
executed, must be returned to any Authorised Agent,
together with the Application Money for the number of
Offer Shares.
4.12.5 The Application Form and Application Money should
be received by the Authorised Agent or the Receiving Agent
by 4.00 p.m. on Closure Date. Refer to Application Payment
below, for details on how to make payment.
4.12.6 If the Application Form is not completed correctly,
the NSE may in its sole and absolute discretion reject it or
treat it as valid, and the NSE’s decision as to whether to
accept or reject, or how to construe, amend or complete an
Application Form shall be final.
4.12.7 Application Forms may be rejected as per Rejection
Policy below.
4.12.8 Acceptance is subject to regulatory restrictions and
obligations under Regulatory Restrictions below.
4.12.9 Over-subscription will require refunds to be processed
for applicants.
4.13 Application Payment
4.13.1 All payments to the Receiving Bank must be made in
Kenya Shillings.
4.13.2 For amounts above Kshs 1 million, payment may only
be made by EFT or RTGS.
Payment for the Offer Shares, may be made directly to the
Receiving Bank via Banker’s Cheque, EFT or RTGS.
Subject to the authorisation by the Authorised Agent,
payment for the Offer Shares, may also be made directly to
the Authorised Agent via brokerage account internal
transfer, cash (where applicable), Banker’s Cheque, EFT,
RTGS, credit card (where applicable), mobile money
(where applicable) or by personal cheque.
All Banker’s Cheque payments to the Receiving Bank should
be drawn in favor of ‘NSE IPO-Form No. XXXXXX’ and be
crossed “A/C Payee Only”. The form number refers to the
Application Form and must be inserted to reduce complications
in reconciliation. Where there is non-compliance with
these instructions, the application will be rejected. Each
Banker’s Cheque received by the Receiving Bank will be
deposited immediately for collection.
4.13.3 For any amount payable by an Authorised Agent to
the Receiving Bank, payment for the Offer Shares, for
single or multiple Application Forms, can be made via
cheque drawn on the Authorised Agent or via EFT or RTGS.
4.13.4 The main bank account at the Receiving Bank is:
Account Name NSE IPO A/C
Bank
The Co-operative Bank of Kenya Ltd
Branch
Westlands
Account No 01141154262700
SWIFT
KCOOKENA
Each Authorised Agent has a unique designated bank
account with the Receiving Bank and no other commercial
bank. Authorised Agents will be issued with sub-accounts
for ease of reconciliation purposes. The bank account
information will include the SWIFT Code above All the
account numbers commence with 011411542627XX.
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