a s e at i n t h e u p p e r h o u s e d e b e n t u r e s - Jules Akel
a s e at i n t h e u p p e r h o u s e d e b e n t u r e s - Jules Akel
a s e at i n t h e u p p e r h o u s e d e b e n t u r e s - Jules Akel
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5.4: Each Debenture Holder, by no l<strong>at</strong>er than 10th May 2007 in respect ofthe 2007 Cricket Season and 1st March of the relevant year in respect of eachsubsequent Cricket Season (the “Cut-OV Time”), shall be required to electto purchase the ticket(s) pursuant to his Ticket Rights (a “Ticket Election”)for each Debenture M<strong>at</strong>ch Day to be held in th<strong>at</strong> Cricket Season.5.5: In the event th<strong>at</strong> the Club does not receive from a Debenture Holderby the Cut-OV Time a Ticket Election in respect of a relevant DebentureM<strong>at</strong>ch Day, the Debenture Holder shall be deemed to have forgone andsurrendered his Ticket Right in respect of th<strong>at</strong> Debenture M<strong>at</strong>ch Day. Insuch event, the Club shall be entitled to sell the relevant ticket to a thirdparty and shall not be obliged to account to the Debenture Holder for anyproceeds raised from the sale of such ticket.5.6: In the event th<strong>at</strong> the Club accepts a White Market Election, it shallbe free to sell or otherwise dispose of the underlying ticket rel<strong>at</strong>ing to suchWhite Market Election as it sees fit.5.7: The Ticket Notific<strong>at</strong>ion shall contain such other terms and conditionsin respect of the oper<strong>at</strong>ion of the White Market as the Club may stipul<strong>at</strong>efrom time to time.5.8: The Club will procure th<strong>at</strong> holders of tickets purchased pursuant tothe Ticket Rights for Debenture M<strong>at</strong>ch Days shall have use of a licensed barprovided always th<strong>at</strong> the use of such bar shall be subject to capacity, healthand safety and/or licensing restrictions. Such bar will be for the exclusiveuse of persons with tickets in the Upper Mound Stand or in the UpperGrand Stand as appropri<strong>at</strong>e.5.9: The Club, in its absolute discretion, may provide such other benefitsin respect of the Debentures and/or the tickets purchased pursuant to theTicket Rights from time to time.5.10: In respect of any Additional M<strong>at</strong>ch for which the Club has theunfettered right to alloc<strong>at</strong>e tickets, the Club shall provide to DebentureHolders a reasonable preferential booking period during which eachDebenture Holder shall have the right to purchase from the Club (or itsnominee) one ticket (subject to the payment of the face value of such ticketand upon the Conditions for the Sale of Tickets) for such Additional M<strong>at</strong>chfor each Debenture he holds. The Club shall notify Debenture Holders inwriting of the d<strong>at</strong>es of each such preferential booking period. A DebentureHolder’s right to purchase tickets for an Additional M<strong>at</strong>ch shall lapse if it is notexercised before the end of such preferential booking period. Provided alwaysth<strong>at</strong> the Club shall have no oblig<strong>at</strong>ions under this Clause 5.10 if the stand inwhich the Relevant Debenture Se<strong>at</strong>ing Area is loc<strong>at</strong>ed is not scheduled to beopen for such Additional M<strong>at</strong>ch, or if the Club does not have the unfetteredright to alloc<strong>at</strong>e such tickets, or any other legally binding oblig<strong>at</strong>ion onthe Club prohibits it from complying with the terms of this Clause 5.10.5.11: Tickets issued to Debenture Holders pursuant to the Ticket Rightsshall be non-transferable and may not be resold by them. However suchprohibitions are not contravened:(a) in the case of any Debenture Holder which is a company, other bodycorpor<strong>at</strong>e, partnership, club or other organis<strong>at</strong>ion (a “Corpor<strong>at</strong>e DebentureHolder”), where a ticket purchased by such Corpor<strong>at</strong>e Debenture Holderpursuant to the Ticket Rights is transferred to any of such Corpor<strong>at</strong>eDebenture Holder’s bona fide employees, oYcers or guests provided th<strong>at</strong>no payment is made or consider<strong>at</strong>ion given to such Corpor<strong>at</strong>e DebentureHolder (or to any third party other than Club) in respect of such ticket orotherwise in connection with the transfer of such ticket; and(b) if in the case of a Debenture Holder who is a n<strong>at</strong>ural person, who holdsmore than one Debenture and who has purchased more than one ticketpursuant to the Ticket Rights for a specific Debenture M<strong>at</strong>ch Day, by theprovision by such Debenture Holder of such additional ticket(s) to guest(s) ofsuch Debenture Holder and th<strong>at</strong> such Debenture Holder and/or guest(s) donot transfer or resell such additional ticket(s) and th<strong>at</strong> no payment is madeor consider<strong>at</strong>ion given to such Debenture Holder (or to any third partyother than the Club) in respect of such additional ticket(s) or otherwise inconnection with the transfer of such additional ticket(s).5.12: The Club does not make or give and no oYcer, employee, adviser or agentof the Club has any authority to make or give any represent<strong>at</strong>ion, conditionor warranty regarding the number or frequency of Debenture M<strong>at</strong>ches orDebenture M<strong>at</strong>ch Days in any Cricket Season during the Ticket RightsPeriod and any such represent<strong>at</strong>ion, condition or warranty is hereby excluded.5.13: Each Debenture issued shall have a specific design<strong>at</strong>ed se<strong>at</strong> (a“Design<strong>at</strong>ed Se<strong>at</strong>”) alloc<strong>at</strong>ed to it in the Relevant Debenture Se<strong>at</strong>ing Area.The alloc<strong>at</strong>ion of a Design<strong>at</strong>ed Se<strong>at</strong> to a Debenture shall be entirely withinthe Club’s absolute discretion. Each ticket purchased by a Debenture Holderpursuant to the Ticket Rights shall be in respect of the Design<strong>at</strong>ed Se<strong>at</strong>alloc<strong>at</strong>ed to the relevant Debenture. The Club reserves the right to changethe Design<strong>at</strong>ed Se<strong>at</strong> alloc<strong>at</strong>ed to a Debenture for health and safety reasonsor for other reasons which arise and which are outside the reasonable controlof the Club. For the avoidance of doubt, the rights of any DebentureHolder to purchase tickets pursuant to the Ticket Rights shall be in respectof the Design<strong>at</strong>ed Se<strong>at</strong> alloc<strong>at</strong>ed to the relevant Debenture only, and shallnot extend to any other se<strong>at</strong> in the Relevant Debenture Se<strong>at</strong>ing Area or inany other part of the Ground.6. Applic<strong>at</strong>ions for and alloc<strong>at</strong>ion of Debentures6.1: The maximum aggreg<strong>at</strong>e number of Debentures for which eachapplicant may apply shall be limited to 8 or such gre<strong>at</strong>er number or numbersas the Club, in its absolute discretion, may prescribe in respect of anyparticular applicant or generally.6.2: Applic<strong>at</strong>ions for Debentures must be made in accordance with theapplic<strong>at</strong>ion procedure set out in Part 2 of Section v of this document andthe relevant Applic<strong>at</strong>ion Form(s).6.3: The alloc<strong>at</strong>ion of Debentures will be made by the Club to successfulapplicants in accordance with the alloc<strong>at</strong>ion procedure set out in Part 3 ofSection v of this document.7. Register of Debenture Holders7.1: The Club shall maintain a Register of the Debentures comprised inthis issue, containing the name and address of the Debenture Holder andparticulars of the Debentures held by him.7.2: Each Debenture issued to a n<strong>at</strong>ural person shall be registered in thename of th<strong>at</strong> person.7.3: Following the alloc<strong>at</strong>ion of Debentures, and on payment of therelevant Price and adherence to the OVer Terms, the Club shall enter thename of the Debenture Holder in the Register and shall issue (a) Certific<strong>at</strong>e(s)in respect of the Debenture(s) alloc<strong>at</strong>ed to him.7.4: In respect of any Corpor<strong>at</strong>e Debenture Holder, the Register <strong>at</strong> alltimes shall contain the name and business address of a n<strong>at</strong>ural person whichsuch Corpor<strong>at</strong>e Debenture Holder has nomin<strong>at</strong>ed as its represent<strong>at</strong>ive (a“Corpor<strong>at</strong>e Represent<strong>at</strong>ive”). Such Corpor<strong>at</strong>e Represent<strong>at</strong>ive in respectof each Corpor<strong>at</strong>e Debenture Holder shall be specified in the relevantApplic<strong>at</strong>ion Form submitted by such Corpor<strong>at</strong>e Debenture Holder. EachCorpor<strong>at</strong>e Debenture Holder hereby agrees and acknowledges with theClub th<strong>at</strong> its Corpor<strong>at</strong>e Represent<strong>at</strong>ive shall be entitled to receive for andon its behalf, any and all notific<strong>at</strong>ions and communic<strong>at</strong>ions to be given bythe Club to th<strong>at</strong> Corpor<strong>at</strong>e Debenture Holder, th<strong>at</strong> all notific<strong>at</strong>ions andcommunic<strong>at</strong>ions to be given by the Corpor<strong>at</strong>e Debenture Holder shall begiven by its Corpor<strong>at</strong>e Represent<strong>at</strong>ive and the Club shall be entitled to relyon all such notific<strong>at</strong>ions and communic<strong>at</strong>ions as being from, and bindingon, the Corpor<strong>at</strong>e Debenture Holder. A senior oYcer of a Corpor<strong>at</strong>eDebenture Holder shall notify the Club in writing of any change in theidentity of or the address of its Corpor<strong>at</strong>e Represent<strong>at</strong>ive, and must <strong>at</strong> alltimes ensure th<strong>at</strong> it has appointed a Corpor<strong>at</strong>e Represent<strong>at</strong>ive.7.5: The Club will tre<strong>at</strong> the Debenture Holder as the absolute owner ofthe Debenture and subject to Clause 7.6 below, shall not be bound to takenotice of or see to the execution of any trust, whether express, implied orconstructive, to which the Debenture may be subject and the receipt of theDebenture Holder shall be a good discharge to the Club, notwithstandingany notice it may have, whether express or otherwise, of the right, title,interest or claim of any other person to or in the Debenture.7.6: The legal personal represent<strong>at</strong>ive(s) of a deceased Debenture Holderwho is a n<strong>at</strong>ural person shall alone be recognised by the Club in place ofthe Debenture Holder and, subsequently, the beneficiary so entitled underthe est<strong>at</strong>e of the deceased Debenture Holder. During the period from thede<strong>at</strong>h of the Debenture Holder until the Debenture has been transferredto the beneficiary, the m.c.c. Committee, in its absolute discretion, shalldetermine how to administer the benefits <strong>at</strong>taching to a Debenture.7.7: It shall be the responsibility of the Debenture Holder to notify theClub in writing of his change of address. Such notific<strong>at</strong>ions should be signedby the Debenture Holder and sent to the Debenture Administr<strong>at</strong>or, ClubFacilities Department, Marylebone Cricket Club, Lord’s Ground, Londonnw8 8qn or to such other address as is notified by the Club. Upon actualreceipt of such notice, the Club shall record the Debenture Holder’s newaddress in the Register and acknowledge receipt of the same to him.8. Transfer of Debentures and no charging8.1: Debentures may not be transferred save to a legal personalrepresent<strong>at</strong>ive of a deceased Debenture Holder or the beneficiary so entitledunder the est<strong>at</strong>e of a deceased Debenture Holder.8.2: Debenture Holders may not mortgage, charge, pledge, or otherwisedispose of or grant any encumbrance or interest over any Debenture or partof any Debenture.9. Redemption and suspension of Ticket Rights9.1: If the Debenture Holder, <strong>at</strong> any time during the Term, shall gointo liquid<strong>at</strong>ion, have a receiver (whether administr<strong>at</strong>ive, Law of PropertyAct 1925 or otherwise) appointed or an administr<strong>at</strong>ion order made oran administr<strong>at</strong>or is appointed in respect of it or, being a n<strong>at</strong>ural person,shall become or be adjudic<strong>at</strong>ed bankrupt or have a receiver as aforesaidappointed in respect of his property, the m.c.c. Committee (unless itdetermines otherwise in its absolute discretion) shall redeem such Debentureby repayment to the Debenture Holder (or the relevant liquid<strong>at</strong>or, receiver,administr<strong>at</strong>or or trustee in bankruptcy) of the Nominal Value thereof andthe Ticket Rights <strong>at</strong>tached to such Debenture shall cease forthwith. If them.c.c. Committee determines, in its absolute discretion, not to so redeem aDebenture following such an event, the m.c.c. Committee may impose suchconditions on the holding and/or use of such Debentures as it sees fit.9.2: If the rights <strong>at</strong>taching to a Debenture (including the Ticket Rights)or any other applicable rules or regul<strong>at</strong>ions of the Club are contravened orabused, including without limit<strong>at</strong>ion, as follows:(a) se<strong>at</strong>s alloc<strong>at</strong>ed to the Debenture Holder being occupied by personsin respect of whose conduct the Club has previously complained to theDebenture Holder; or(b) there is a breach of the OVer Terms, the Conditions for the Sale ofTickets, the Ground Regul<strong>at</strong>ions and/or the Dress Regul<strong>at</strong>ions,then the m.c.c. Committee reserves the right in its absolute discretion:(i) to withhold the issue of tickets pursuant to the Ticket Rights in respect ofthe relevant Debenture Holder for such period as the m.c.c. Committee inits absolute discretion may deem fit, or demand the return of tickets alreadyissued, as the case may be; and/or(ii) in cases of gross abuse of the Ticket Rights or persistent breaches of theOVer Terms, the Conditions for the Sale of Tickets, the Ground Regul<strong>at</strong>ionsand/or the Dress Regul<strong>at</strong>ions to termin<strong>at</strong>e the Ticket Rights in their entiretyand in such circumstances the Club shall not be required to repay to theDebenture Holder the Nominal Value of the Debenture until the end ofthe Term.9.3: If <strong>at</strong> any time during the Ticket Rights Period, the Debenture Holderfails, when so requested by the Club, to give written confirm<strong>at</strong>ion and suchevidence as may be required by the Club th<strong>at</strong> any ticket issued pursuant tothe Ticket Rights is being and/or will be used in accordance with the OVerTerms, the Conditions for the Sale of Tickets, the Ground Regul<strong>at</strong>ions and/or the Dress Regul<strong>at</strong>ions, the Club, in its absolute discretion, may withholdthe issue of, or demand the return of, tickets, until such confirm<strong>at</strong>ion andevidence is forthcoming, or termin<strong>at</strong>e the Ticket Rights in their entirety and insuch circumstances the Club shall not be required to repay to the DebentureHolder the Nominal Value of the Debenture until the end of the Term.10. Early repaymentThe Nominal Value of the Debentures comprised in this issue shall becomeimmedi<strong>at</strong>ely repayable before the end of the Term:(a) on such d<strong>at</strong>e or d<strong>at</strong>es as the Club in its absolute discretion may prescribe;or