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O TTO M ARINE L IMITED - Microsoft Internet Explorer - SGX

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14. Any reference to “you” or the “Applicant” in this section shall include an individual, a corporation, an<br />

approved nominee and trustee applying for the Offer Shares by way of an Application Form or by way<br />

of an Electronic Application, a person applying for the Placement Shares and a person applying for the<br />

Reserved Shares.<br />

15. By completing and delivering an Application Form or by making and completing an Electronic<br />

Application by (in the case of an ATM Electronic Application) pressing the “Enter” or “OK” or<br />

“Confirm” or “Yes” or any other relevant key on the ATM (as the case may be) or by (in the case of an<br />

<strong>Internet</strong> Electronic Application) clicking “Submit” or “Continue” or “Yes” or “Confirm” or any other<br />

relevant button on the IB website screen (as the case may be) in accordance with the provisions of this<br />

document, you:<br />

(a) irrevocably offer to subscribe for the number of Offering Shares specified in your application (or<br />

such smaller number for which the application is accepted) at the Offering Price and agree that you<br />

will accept such Offering Shares as may be allotted and/or allocated to you, in each case subject to<br />

the conditions set out in this document and the Memorandum and Articles of Association of our<br />

Company;<br />

(b) agree that, in the event of any inconsistency between the terms and conditions set for application<br />

set out in this document and those set out in the IB websites or ATMs of the Participating Banks,<br />

the terms and conditions set out in this document shall prevail;<br />

(c) agree that the aggregate Offering Price for the Offering Shares applied for is due and payable to<br />

our Company forthwith;<br />

(d) warrant the truth and accuracy of the information contained, and representations and declarations<br />

made, in your application, and acknowledge and agree that such information, representations and<br />

declarations will be relied on by us in determining whether to accept your application and/or<br />

whether to allot and/or allocate any Offering Shares to you; and<br />

(e) agree and warrant that, if the laws of any jurisdictions outside Singapore are applicable to your<br />

application, you have complied with all such laws and none of us, the Issue Managers, Underwriter,<br />

Primary Sub-Underwriter or Primary Sub-Placement Agent will infringe any such laws as a result<br />

of the acceptance of your application.<br />

16. Our acceptance of applications will be conditional upon, inter alia, us being satisfied that:<br />

(a) permission has been granted by the <strong>SGX</strong>-ST to deal in and for quotation for all our existing Shares<br />

(including Vendor Shares) and the New Shares on the Official List of <strong>SGX</strong>-ST;<br />

(b) the Offer Agreement and the Placement Agreement referred to in “Plan of Distribution” have<br />

become unconditional and have not been terminated; and<br />

(c) the Authority has not served a stop order which directs that no or no further shares to which this<br />

document relates be allotted and/or allocated.<br />

17. In the event that a stop order in respect of the Offering Shares is served by the Authority or other<br />

competent authority, and:<br />

(a) the Offering Shares have not been issued, we will (as required by law) deem all applications<br />

withdrawn and cancelled and we shall refund the application monies (without interest or any share<br />

of revenue or other benefit arising there from) to you within 14 days of the date of the stop<br />

order; or<br />

(b) If the Offering Shares have already been issued but trading has not commenced, the issue will (as<br />

required by law) be deemed void and<br />

(i) if documents purporting to evidence title had been issued to you, we shall, inform you to<br />

return such documents to us within 14 days from that date; and<br />

(ii) we will refund the application monies (without interest or any share of revenue or other benefit<br />

arising therefrom) to you within seven days from the date of receipt of those documents (if<br />

applicable) or the date of the stop order, whichever is later.<br />

This shall not apply where only an interim stop order has been served.<br />

A7-4

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