UNDERTAKING
(I) We, (X Ltd.. (address) represented by its
Managing Director/Chief Executive Officer} duly authorized by the Board of
Directors to execute this Undertaking,
(2) 1, [full name],
S/o or D/o [father’s name] / W/o [husband’s name], of [permanent address, at
present — present address], aged about years, by faith — ____________, by
profession — businessman, by nationality — Bangladeshi (by birth),
(3) 1, [full name),
S/o or D/o [fathers name] I W/o [husband’s name], of [permanent address, at
present — present address, aged about years, by faith — _________, by profession
— businessman, by nationality — Bangladeshi (by birth),
(4) We, [Y Ltd.,
(address) represented by its Managing Director/Chief Executive Officer] duly
authorized by the Board of Directors to execute this Undertaking, and
(5) 1, [fulI name],
S/o or D/o [father’s name] I W/o [husband’s name], of [permanent address, at
present — present
address), aged about — years, by faith — ____________, by profession —
______ by nationality
— Bangladeshi (by birth) —
do hereby solemnly affirm, say and undertake as follows:
1. That We, [X Ltd], I, [full name of (2)] and
I, [full name of (3)] are the Shareholders and Directors of [name and address
of the Proposer Company] (Company) and being desirous of transfer of our
[number of) shares in the Company, offered [Y Ltd.] [and full name of (S)] and
they accepted the offer,
2. That
we all being desirous of completing the transaction in accordance with the
concerned laws of Bangladesh including the Bangladesh
Telecommunication Regulation Act, 2001 (Act,
2001), do hereby declare that
neither [Y Ltd.] nor Mr/Ms. [full name of(5)] is barred by any provision especially Section 36(3) of the Act, 2001, or
any other law of Bangladesh, or
guideline, directive, direction, instruction,
order, notice, decision, judgment,
decree or any other legal, judicial or executive instrument or document issued
by any Court of law, or the Government of Bangladesh (GoB), or the Commission and
as such is eligible for obtaining a telecommunication license. We do
simultaneously undertake that
the change in the shareholding which will be caused of the very transfer of shares, will
not affect the continuity of the activities under the [full name of) license bearing No. ______,‘dated
________ issued in favour of the Company by the Bangladesh Telecommunication Regulatory Commission (Commission).
3. That
the above statements are true and correct to the best of our knowledge and
belief. In case any of the above
statements be proven wrong, we do hereby bind ourselves and as such shall remain jointly and severally liable
to each and every kind of legal remedies available
to the Gob/Commission, and none of us or any of our representatives shall have any right or authority to raise any claim
against or objection to such remedy, which claim or objection, if raised to any Court, Authority, Organization
or any other person whosoever, shall
be treated as null and void, having no legal effect and shall be liable to be
rejected.
IN WITNESS WHEREOF WE ARE SIGNING AND EXECUTING THIS
UNDERTAKING IN OUR OWN WILL FREE FROM ANY KIND OF INFLUENCE, COERCION OR
ILLNESS (MENTAL OR PHYSICAL WHATSOEVER), AFTER READING IT COMPLETELY AND CAREFULLY
AND UNDERSTANDING IT FULLY AND CORRECTLY, AND KNOWING CLEARLY ALL THE
CONSEQUENCES OF SIGNING AND EXECUTING THE SAME, ON THIS THE DAY OF 20__.
WITNESSES (Signature and seal): 1. (signature and seal)
1. 2.
(Signature and seal)
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