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Heineken Malaysia Berhad
Company no. 5350-X
Page
10 of 51
4.2 the Company shall not unless with the consent of the existing
preference shareholders at a class meeting or pursuant to Clause
17 hereof issue further preference capital ranking in priority
above preference shares already issued but may issue
preference shares ranking equally therewith.
5.
The Company shall not give whether directly or indirectly and whether
by means of a loan, guarantee, the provision of security or otherwise,
any financial assistance for the purpose of or in connection with a
purchase or subscription made or to be made by any person of or for
any shares in the Company or in its holding company, nor shall the
Company make a loan for any purpose whatsoever on the security of
its shares or those of its holding company unless such provision of
financial assistance is permitted under the Applicable Laws of
Malaysia.
No financial
assistance
6.
Subject to Applicable Laws of Malaysia, the Company may by ordinary
resolution purchase its own shares. Any shares in the Company so
purchased by the Company shall be dealt with in accordance with the
relevant Applicable Laws of Malaysia.
Purchase of own
shares
7.
In addition to all other powers of paying commissions, the Company
(or the Board on behalf of the Company) may exercise the powers
conferred by Section 80 of the Act of applying its shares or cash in
paying commissions to persons subscribing or procuring
subscriptions for shares of the Company, or agreeing so to do
whether absolutely or conditionally, provided that the percentage or
the amount of the commission paid or agreed to be paid shall be
disclosed in the manner required by the Act and shall not exceed 10%
of the price at which the shares in respect whereof the commission is
paid are issued or an amount equivalent thereto. The Company (or
the Board on behalf of the Company) may also on any issue of the
shares pay such brokerage as may be lawful.
Power of paying
Commission
8.
Where any shares are issued for the purpose of raising money to
defray the expenses of the construction of any works or buildings or
the provision of any plant which cannot be made profitable for a long
period, the Company may pay interest or returns on so much of such
share capital as is for the time being paid up for the period and
subject to the condition and restrictions mentioned in Section 130 of
the Act, and may charge the same to capital as part of the cost of
construction of the works, buildings or plant.
Shares issued
for purposes of
raising money
for the
construction
of works or
building
9.
The Company shall duly observe and comply with all Applicable Laws
of Malaysia from time to time prescribed by the relevant authority.
Compliance
with
Requirements