NEWSLETTER-2020-metin

93 CAPITAL MARKETS LAW or issuance certificate prepared by the issuer for the issuance of such debt instrument. Whether it is necessary to make changes in the prospectus or issue a document regarding the debt instrument or the commitments regarding the financial or operational status of the issuer against the debt instrument holders, if necessary, the relevant decision quorums are determined in the prospectus or issued document. For the decisions taken within this framework, the approval of the General BDIH is not required. Unless a higher quorum is stipulated, the decisions in the Tenor BDIH meetings are taken with the affirmative vote of the debt instru- ment holders representing two-thirds of the total nominal value of each tenor in circulation. Decisions taken at the BDIH meetings will not be valid unless approved by the issuer’s board of directors within three business days at the latest from the date of the meeting. Tenor BDIH decisions, which are approved by the issuer’s board of directors and not rejected by the General BDIH decision, shall also be in effect for the holders of the same tenor of debt instruments who did not vote in favor of these decisions or did not attend the meeting despite a duly made invitation. Those who hold 20% of the nominal value of other debt instru- ments on the grounds that a decision taken in the Tenor BDIH and approved by the board of directors of the issuer, adversely affects their rights, may request the General BDIH to convene within five business days after the approval decision of the board of directors. Following termination of such period, the gathering of the General BDIH cannot be requested and the decisions taken in the Tenor BDIH become final. The General BDIH convenes within fifteen business days from the date of approval of the relevant Tenor BDIH decision by the is- suer’s board of directors. Decisions in the General BDIH meetings are made by the votes of the debt instrument holders representing at least two-thirds of the total nominal value of the debt instruments that entitle them to attend such meeting. General BDIH discusses the deci- sions taken in the Tenor BDIH and approved by the board of directors of the issuer and that negatively affect their rights. If the decisions

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