Common use of American Depositary Shares; ADSs Clause in Contracts

American Depositary Shares; ADSs. The terms “American Depositary Share(s)” or “ADS(s)” shall mean the rights and interests in the Deposited Securities (as hereinafter defined) granted to the Holders and Beneficial Owners pursuant to the terms and conditions of this Deposit Agreement and, if issued as Certificated ADS(s) (as hereinafter defined), the ADR(s) issued to evidence such ADSs. ADS(s) may be issued under the terms of this Deposit Agreement in the form of (a) Certificated ADS(s) (as hereinafter defined), in which case the ADS(s) are evidenced by ADR(s), or (b) Uncertificated ADS(s) (as hereinafter defined), in which case the ADS(s) are not evidenced by ADR(s) but are reflected on the direct registration system maintained by the Depositary for such purposes under the terms of Section 2.10. Unless otherwise specified in this Deposit Agreement or in any ADR, or unless the context otherwise requires, any reference to ADS(s) shall include Certificated ADS(s) and Uncertificated ADS(s), individually or collectively, as the context may require. Each ADS shall represent the right to receive, and to exercise the beneficial ownership interests in, the number of Shares specified in the form of ADR attached hereto as Exhibit A (as amended from time to time) that are on deposit with the Depositary and/or the Custodian, subject, in each case, to the terms and conditions of this Deposit Agreement and the applicable ADR (if issued as a Certificated ADS), until there shall occur a distribution upon Deposited Securities referred to in Section 4.4 or a change in Deposited Securities referred to in Section 4.10 with respect to which additional ADSs are not issued, and thereafter each ADS shall represent the right to receive, and to exercise the beneficial ownership interests in, the applicable Deposited Securities on deposit with the Depositary and the Custodian determined in accordance with the terms of such Sections, subject, in each case, to the terms and conditions of this Deposit Agreement and the applicable ADR (if issued as a Certificated ADS). Woori ADSs outstanding under the Original Deposit Agreement as of the date hereof shall, from and after the date hereof, represent the right to receive the corresponding ADSs issued pursuant to this Deposit Agreement, and any Woori ADSs issued in certificated form (represented by American depositary receipts issued under the Original Deposit Agreement) will need to be surrendered to the Depositary in exchange for ADSs and only upon such exchange shall the Holder thereof be entitled to exercise its rights under this Deposit Agreement.

Appears in 2 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Woori Bank)

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American Depositary Shares; ADSs. The terms “American Depositary Share(s)” or “ADS(s)” shall mean the rights and interests in the Deposited Securities (as hereinafter defined) granted to the Holders and Beneficial Owners pursuant to the terms and conditions of this Deposit Agreement and, if issued as Certificated ADS(s) (as hereinafter defined), the ADR(s) issued to evidence such ADSs. ADS(s) may be issued under the terms of this Deposit Agreement in the form of (a) Certificated ADS(s) (as hereinafter defined), in which case the ADS(s) are evidenced by ADR(s), or (b) Uncertificated ADS(s) (as hereinafter defined), in which case the ADS(s) are not evidenced by ADR(s) but are reflected on the direct registration system maintained by the Depositary for such purposes under the terms of Section 2.10. Unless otherwise specified in this Deposit Agreement or in any ADR, or unless the context otherwise requires, any reference to ADS(s) shall include Certificated ADS(s) and Uncertificated ADS(s), individually or collectively, as the context may require. Each ADS shall represent the right to receive, and to exercise the beneficial ownership interests in, the number of Shares specified in the form of ADR attached hereto as Exhibit A (as amended from time to time) that are on deposit with the Depositary and/or the Custodian, subject, in each case, to the terms and conditions of this Deposit Agreement and the applicable ADR (if issued as a Certificated ADS), until there shall occur a distribution upon Deposited Securities referred to in Section 4.4 or a change in Deposited Securities referred to in Section 4.10 with respect to which additional ADSs are not issued, and thereafter each ADS shall represent the right to receive, and to exercise the beneficial ownership interests in, the applicable Deposited Securities on deposit with the Depositary and the Custodian determined in accordance with the terms of such Sections, subject, in each case, to the terms and conditions of this Deposit Agreement and the applicable ADR (if issued as a Certificated ADS). Woori ADSs ADS).American depositary shares outstanding under the Original Deposit Agreement as of the date hereof shall, from and after the date hereof, represent for all purposes be treated as American Depositary Shares issued and outstanding hereunder and shall, from and after the right date hereof, be subject to receive the corresponding ADSs issued pursuant to terms and conditions of this Deposit AgreementAgreement in all respects, and except that any Woori ADSs issued amendment of the Original Deposit Agreement effected under the terms of this Deposit Agreement which prejudices any substantial existing right of “Holders” or “Beneficial Owners” (each as defined in certificated form (represented by American depositary receipts issued under the Original Deposit Agreement) will need shall not become effective as to be surrendered “Holders” and “Beneficial Owners” of American depositary shares until the expiration of thirty (30) days after notice of the amendments effected by this Deposit Agreement shall have been given to the Depositary in exchange for ADSs and only upon such exchange shall “Holders” of American depositary shares outstanding under the Holder thereof be entitled to exercise its rights under this Original Deposit AgreementAgreement as of the date hereof.

Appears in 2 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)

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American Depositary Shares; ADSs. The terms term “American Depositary Share(s)Sharesor and ADS(s)ADSs” shall mean the rights and interests in the Deposited Securities Property (as hereinafter defined) granted to the Holders Owners and Beneficial Owners pursuant to the terms and conditions of this the Deposit Agreement and, if issued as Certificated ADS(s) (as hereinafter defined)applicable, the ADR(s) Receipts issued to evidence such ADSs. ADS(s) may be issued under the terms of this Deposit Agreement in the form of (a) Certificated ADS(s) (as hereinafter defined), in which case the ADS(s) are evidenced by ADR(s), or (b) Uncertificated ADS(s) (as hereinafter defined), in which case the ADS(s) are not evidenced by ADR(s) but are reflected on the direct registration system maintained by the Each American Depositary for such purposes under the terms of Section 2.10. Unless otherwise specified in this Deposit Agreement or in any ADR, or unless the context otherwise requires, any reference to ADS(s) shall include Certificated ADS(s) and Uncertificated ADS(s), individually or collectively, as the context may require. Each ADS Share shall represent the right to receive, and to exercise the beneficial ownership interests in, in the number of Shares specified in the form of ADR attached hereto as Exhibit A (as amended from time to time) that are on deposit with the Depositary and/or the Custodian, subject, in each case, to the terms and conditions of this the Deposit Agreement and and, if applicable, the applicable ADR (if issued as a Certificated ADS)Receipt(s) evidencing the ADSs, until there shall occur a distribution upon Deposited Securities referred to in covered by Section 4.4 4.03 or a change in Deposited Securities referred to in covered by Section 4.10 4.08 with respect to which additional ADSs are not issued, and thereafter each ADS American Depositary Share shall represent the right to receive, and to exercise the beneficial ownership interests in, the applicable Deposited Securities Property on deposit with the Depositary and the Custodian determined in accordance with the terms of such Sections, subject, subject in each case, case to the terms and conditions of this the Deposit Agreement Agreement, if applicable, and the applicable ADR (if issued as a Certificated ADS)Receipt(s) evidencing the ADSs. Woori ADSs American depositary shares outstanding under the Original Prior Deposit Agreement as of the date hereof shall, from and after the date hereof, represent for all purposes be treated as American Depositary Shares issued and outstanding hereunder and shall, from and after the right date hereof, be subject to receive the corresponding ADSs issued pursuant to this terms and conditions of the Deposit AgreementAgreement in all respects, and except that any Woori ADSs issued in certificated form (represented by American depositary receipts issued amendment of the Prior Deposit Agreement effected under the Original terms of the Deposit Agreement which prejudices any substantial existing right of “Owners” or “Beneficial Owners” (each as defined in the Prior Deposit Agreement) will need shall not become effective as to be surrendered such “Owners” and “Beneficial Owners” of American depositary shares until the expiration of thirty (30) calendar days after notice of the amendments effected by the Deposit Agreement shall have been given to such “Owners” of American depositary shares outstanding under the Depositary in exchange for ADSs and only upon such exchange shall Prior Deposit Agreement as of the Holder thereof be entitled to exercise its rights under this Deposit Agreementdate hereof.

Appears in 1 contract

Samples: Deposit Agreement (Citibank,N.A./ADR)

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