 

(vy)

(vi)

(vii)

(viii)

(ix)

(x)
(xi)

(xii)

(xiii)

All words (whether gender-specific or gender neutral) shall be deemed to include
each of the masculine, feminine and neuter genders;

Any reference in these Articles to a statute or statutory provision includes that
provision and any regulation made in pursuance thereof, as from time to time
modified or re-enacted, whether before or after the date of these Articles;

Any reference to “writing” or “written” shall include printing, typing, lithography,
transmissions by facsimile or in electronic form (including e-mail) and other means
of reproducing words in visible form.

The words “including” and “inter alia” shall be deemed to be followed by “without
limitation” or “but not limited to” whether or not those words are followed by such
phrases or words of like import;

A reference to any Person in these Articles shall, where the context permits, include
such Person's executors, administrators, heirs, legal representatives and successors
in interest and permitted assigns;

References to INR, Rupees and Rs. are references to the lawful currency of India;

Any reference to a document in agreed form is to a document in a form agreed in
their discretion between the Investors, the Company and the Promoters initialed for
the purpose of identification by or on behalf of each of them (in each case with
such amendments as may be agreed by or on their behalf);

In calculations of share numbers, references to a “fully diluted basis” mean that the
calculation should be made assuming that all outstanding options, warrants and
other Securities convertible into or exercisable or exchangeable for Equity Shares
(whether or not by their terms then currently convertible, exercisable or
exchangeable), have been so converted, exercised or exchanged;

When any number of days is prescribed in these Articles, same shall be reckoned
exclusively of the first and inclusively of the last day unless the last day does not
fall on a Business Day, in which case the last day shall be the next succeeding day
which is a Business Day; and

(xiv) Where a wider construction is possible, the words “other” and “otherwise” shall not

be construed ejusdem generis with any foregoing words.

 

Overriding Effect

 

 

 

Notwithstanding anything contained in these Articles:

@

(i)

(iii)

(iv)

All actions under these Articles shall be carried on in abidance with Applicable
Laws.

The provisions of the Act shall apply to the Company except in so far as the said
provisions are inconsistent with the provisions of the 1949 Act or the Guidelines.
In case of any inconsistency between the provisions of the Act and 1949 Act or the
Guidelines, the provisions of 1949 Act or the Guidelines, as the case may be, will
prevail.

In the event of any inconsistency between the provisions of these Articles and the
Act, the provisions of the Act shall prevail, unless the Act itself permits these
Articles to prevail or to have different or more stringent requirements than those of
the Act.

In the event of any inconsistency between Part A and Part B of these Articles, the
provisions of this Part B shall prevail.

In the event the exercise of rights by 1 (one) or more Members to Transfer, purchase
or subscribe to any Securities under any agreement or these Articles require
approval or permission pursuant to Applicable Law (including the Guidelines and
the RBI Approval), then the Key Promoter and the Company shall provide all

411

 

 

 
