In relation to investment units:
Failure by market maker to perform the obligation related to transactioning with investment units of an exchange traded mutual investment fund until the specified volume is reached, or fulfilment by the market maker of its obligations for the time less than the specified time period, or if the number of trading days per month when the market maker’s obligations on investment units of an exchange traded fund are not performed exceeds three trading days per month according to the requirements allowed for in Clause 2.9, Annex 2 to the Rules, for Level 1 or Level 2, respectively, the Exchange, with account of the materiality and continuity of failure to meet the above requirements shall take one of the following decisions:
1) Keep on the securities at Level 1 or Level 2;
2) Remove the securities from Level 1 or Level 2.
The Exchange shall take the corresponding decision within 5 trading days after identification of the ground for removal based on the controlling results for the quarter when the above ground for removal has occurred.
The securities shall be excluded from Level 1 or Level 2 within 7 trading days from that on which the respective decision was made by the Exchange.
In relation to foreign issuer's securities:
If inclusion of securities in a list, market, segment by a foreign exchange was a condition to the inclusion of such securities in Level One or Level Two, or if the listing procedure was started in relation to such securities in accordance with the requirements set out in Clause 2.15 or 2.16 Annex 2 to these Rules in relation to the respective kind/type/category of the security, then, following the exclusion, by such foreign exchange, of such securities from the respective list, market, or segment, or if the securities were not included in the respective list, market, or segment of a foreign exchange within three months from the date of inclusion in Level One or Level Two, the Exchange shall, within 5 trading days from the day when it became or should have become aware of any such circumstances, make one of the following decisions:
1) to retain the securities on Level One or Level Two, provided that the condition set out, respectively, in Sub-Clause 2 Clause 2.15 or in Sub-Clause 2 Clause 2.16.1 Annex 2 to these Rules and applicable, respectively, to Level One or Level Two in relation to the respective kind/type/category of security, subject to compliance with requirements listed in Sub-Clause 5.1.6 Article 5 hereof; or
2) to exclude the securities from Level One or Level Two.
If bonds of a foreign issuer or foreign depositary receipts representing underlying bonds were included in Level One so that the conditions provided in Sub-Clause 1 Clause 2.16.1 Annex 2 to these Rules for the included of the respective securities in Level One, such securities shall be excluded from such level in the circumstances described in Sub-Clauses 2 and 3 Clause 2.16.2 Annex 2 to these Rules.
If the securities of a foreign issuer were included in Level One or Level Two so that the conditions set out in Clauses 2.1.1. or 2.2.1 Annex 2 to these Rules for the inclusion of respective securities in Level One or Level Two are complied with, such securities shall be excluded from Level One or Level Two upon the occurrence of any of the grounds for such exclusion provided for Level One or Level Two, respectively, in Clauses 2.1.2 or 2.2.2 Annex 2 to these Rules, applicable also to underlying securities, subject to the specific rules governing compliance with the corporate governance requirements in relation to shares and bonds, respectively, as well as in the event of a default of the issuer (Prescribed Legal Entity) set out in Clauses 22.3.1, 22.3.2.2 and 22.6, respectively, of this Article.
If the Exchange decided to retain the foreign issuer's securities on Level One or Level Two, in the manner described in Sub-Clause 3.5.1 of this Clause, such securities shall be excluded from Level One or Level Two on the basis of the causes for such exclusion described for Level One and Level Two, respectively, in Clauses 2.1.2 and 2.2.2 Annex 2 to these Rules, subject to the specific rules governing compliance with corporate governance requirements in relation to shares and bonds, respectively, as well as upon a default of the issue (Prescribed Legal Entity) as set out in Clauses 22.3.1, 22.3.2.2. and 22.6 of this Article.
If the securities were included in Level One or Level Two at the time of their establishment, and such securities are included in a list, market, or segment in accordance with the requirements set out in Clause 2.15 or 2.16 Annex 2 to these Rules in relation to the respective kind/type/category of security, if the foreign exchange excludes such securities from the respective list, market, or segment, the rules set out in Clause 22.3.5.1 of this Clause shall apply.
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