APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records 11 SECTION 2.10 Maintenance of Records 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 SECTION 3.1 Proofs, Certificates and Other Information 12 SECTION 3.2 Liability for Taxes and Other Charges 12 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 SECTION 3.4 Compliance with Information Requests 13 ARTICLE IV THE DEPOSITED SECURITIES. 14 SECTION 4.1 Cash Distributions 14 SECTION 4.2 Distribution in Shares 14 SECTION 4.3 Elective Distributions in Cash or Shares 15 SECTION 4.4 Distribution of Rights to Purchase Shares 15 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 SECTION 4.6 Conversion of Foreign Currency 18 SECTION 4.7 Fixing of Record Date 18 SECTION 4.8 Voting of Deposited Securities 19 SECTION 4.9 Changes Affecting Deposited Securities 21 SECTION 4.10 Available Information 21 SECTION 4.11 Reports 21 SECTION 4.12 List of Holders 22 SECTION 4.13 Taxation; Withholding 22
Appears in 2 contracts
Samples: Deposit Agreement (Huami Corp), Deposit Agreement (Huami Corp)
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 7 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records 11 SECTION 2.10 Pre-Release 12 SECTION 2.11 Restricted ADSs 12 SECTION 2.12 Maintenance of Records 11 13 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 14 SECTION 3.1 Proofs, Certificates and Other Information 12 14 SECTION 3.2 Liability for Taxes and Other Charges 12 14 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 15 SECTION 3.4 Compliance with Information Requests 13 15 ARTICLE IV THE DEPOSITED SECURITIES. 14 16 SECTION 4.1 Cash Distributions 14 16 SECTION 4.2 Distribution in Shares 14 16 SECTION 4.3 Elective Distributions in Cash or Shares 15 17 SECTION 4.4 Distribution of Rights to Purchase Shares 15 17 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 19 SECTION 4.6 Conversion of Foreign Currency 18 20 SECTION 4.7 Fixing of Record Date 18 20 SECTION 4.8 Voting of Deposited Securities 19 21 SECTION 4.9 Changes Affecting Deposited Securities 21 23 SECTION 4.10 Available Information 21 23 SECTION 4.11 Reports 21 23 SECTION 4.12 List of Holders 22 23 SECTION 4.13 Taxation; Withholding 2224
Appears in 2 contracts
Samples: Deposit Agreement (YY Inc.), Deposit Agreement (YY Inc.)
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up of Receipts 8 61 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records Receipts 11 SECTION 2.10 Maintenance of Records 11 SECTION 2.11 Restricted ADSs 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 SECTION 3.1 Proofs, Certificates and Other Information 12 SECTION 3.2 Liability for Taxes and Other Charges 12 13 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 13 SECTION 3.4 Compliance with Information Requests 13 14 ARTICLE IV IV. THE DEPOSITED SECURITIES. SECURITIES 14 SECTION 4.1 Cash Distributions 14 SECTION 4.2 Distribution in Shares 14 15 SECTION 4.3 Elective Distributions in Cash or Shares 15 SECTION 4.4 Distribution of Rights to Purchase Shares 15 16 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 18 SECTION 4.6 Conversion of Foreign Currency 18 SECTION 4.7 Fixing of Record Date 18 19 SECTION 4.8 Voting of Deposited Securities 19 20 SECTION 4.9 Changes Affecting Deposited Securities 21 SECTION 4.10 Available Information 21 22 SECTION 4.11 Reports 21 22 SECTION 4.12 List of Holders 22 SECTION 4.13 Taxation; Withholding 2222 ARTICLE V. THE DEPOSITARY, THE CUSTODIAN AND THE COMPANY 24 SECTION 5.1 Maintenance of Office and Transfer Books by the Registrar 24 SECTION 5.2 Exoneration 24 SECTION 5.3 Standard of Care 25 SECTION 5.4 Resignation and Removal of the Depositary; Appointment of Successor Depositary 26 SECTION 5.5 The Custodian 27 SECTION 5.6 Notices and Reports 27 SECTION 5.7 Issuance of Additional Shares, ADSs etc. 28 SECTION 5.8 Indemnification 29 SECTION 5.9 Fees and Charges of Depositary 30 SECTION 5.10 Restricted Securities Owners/Ownership Restrictions 31 ARTICLE VI. AMENDMENT AND TERMINATION 32 SECTION 6.1 Amendment/Supplement 32 SECTION 6.2 Termination 33 ARTICLE VII. MISCELLANEOUS 34 SECTION 7.1 Counterparts 34 62 SECTION 7.2 No Third-Party Beneficiaries 34 SECTION 7.3 Severability 34 SECTION 7.4 Holders and Beneficial Owners as Parties; Binding Effect 34 SECTION 7.5 Notices 34 SECTION 7.6 Governing Law and Jurisdiction 35 SECTION 7.7 Assignment 37 SECTION 7.8 Agents 37 SECTION 7.9 Affiliates etc 37 SECTION 7.10 Exclusivity 38 SECTION 7.11 Compliance with U.S. Securities Laws 38 SECTION 7.12 Titles 38 EXHIBIT A 40 EXHIBIT B 49
Appears in 1 contract
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up Split‑up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 9 62 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records Receipts 11 SECTION 2.10 Maintenance of Records 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 SECTION 3.1 Proofs, Certificates and Other Information 12 SECTION 3.2 Liability for Taxes and Other Charges 12 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 13 SECTION 3.4 Compliance with Information Requests 13 ARTICLE IV THE DEPOSITED SECURITIES. SECURITIES 14 SECTION 4.1 Cash Distributions 14 SECTION 4.2 Distribution in Shares 14 SECTION 4.3 Elective Distributions in Cash or Shares 15 SECTION 4.4 Distribution of Rights to Purchase Shares 15 16 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 SECTION 4.6 Conversion of Foreign Currency 18 SECTION 4.7 Fixing of Record Date 18 19 SECTION 4.8 Voting of Deposited Securities 19 SECTION 4.9 Changes Affecting Deposited Securities 21 SECTION 4.10 Available Information 21 SECTION 4.11 Reports 21 22 SECTION 4.12 List of Holders 22 SECTION 4.13 Taxation; Withholding 22
Appears in 1 contract
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-Split up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records 11 SECTION 2.10 Maintenance of Records 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 11 SECTION 3.1 Proofs, Certificates and Other Information 12 11 SECTION 3.2 Liability for Taxes and Other Charges 12 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 SECTION 3.4 Compliance with Information Requests 13 ARTICLE IV THE DEPOSITED SECURITIES. 14 13 SECTION 4.1 Cash Distributions 14 13 SECTION 4.2 Distribution in Shares 14 SECTION 4.3 Elective Distributions in Cash or Shares 15 14 SECTION 4.4 Distribution of Rights to Purchase Shares 15 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 SECTION 4.6 Conversion of Foreign Currency 18 17 SECTION 4.7 Fixing of Record Date 18 SECTION 4.8 Voting of Deposited Securities 19 18 SECTION 4.9 Changes Affecting Deposited Securities 21 20 SECTION 4.10 Available Information 21 SECTION 4.11 Reports 21 SECTION 4.12 List of Holders 22 21 SECTION 4.13 Taxation; Withholding 2221
Appears in 1 contract
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records Receipts 11 SECTION 2.10 Maintenance of Records 11 SECTION 2.11 Restricted ADSs 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 SECTION 3.1 Proofs, Certificates and Other Information 12 SECTION 3.2 Liability for Taxes and Other Charges 12 13 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 13 SECTION 3.4 Compliance with Information Requests 13 14 ARTICLE IV IV. THE DEPOSITED SECURITIES. SECURITIES 14 SECTION 4.1 Cash Distributions 14 SECTION 4.2 Distribution in Shares 14 15 SECTION 4.3 Elective Distributions in Cash or Shares 15 SECTION 4.4 Distribution of Rights to Purchase Shares 15 16 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 18 SECTION 4.6 Conversion of Foreign Currency 18 SECTION 4.7 Fixing of Record Date 18 19 SECTION 4.8 Voting of Deposited Securities 19 20 SECTION 4.9 Changes Affecting Deposited Securities 21 SECTION 4.10 Available Information 21 22 SECTION 4.11 Reports 21 22 SECTION 4.12 List of Holders 22 SECTION 4.13 Taxation; Withholding 2222 ARTICLE V. THE DEPOSITARY, THE CUSTODIAN AND THE COMPANY 24 SECTION 5.1 Maintenance of Office and Transfer Books by the Registrar 24 SECTION 5.2 Exoneration 24 SECTION 5.3 Standard of Care 25 SECTION 5.4 Resignation and Removal of the Depositary; Appointment of Successor Depositary 26 SECTION 5.5 The Custodian 27 SECTION 5.6 Notices and Reports 27 SECTION 5.7 Issuance of Additional Shares, ADSs etc. 28 SECTION 5.8 Indemnification 29 SECTION 5.9 Fees and Charges of Depositary 30 SECTION 5.10 Restricted Securities Owners/Ownership Restrictions 31 ARTICLE VI. AMENDMENT AND TERMINATION 32 SECTION 6.1 Amendment/Supplement 32 SECTION 6.2 Termination 33 ARTICLE VII. MISCELLANEOUS 34 SECTION 7.1 Counterparts 34 SECTION 7.2 No Third-Party Beneficiaries 34 SECTION 7.3 Severability 34 SECTION 7.4 Holders and Beneficial Owners as Parties; Binding Effect 34 SECTION 7.5 Notices 34 SECTION 7.6 Governing Law and Jurisdiction 35 SECTION 7.7 Assignment 37 SECTION 7.8 Agents 37 SECTION 7.9 Affiliates etc 37 SECTION 7.10 Exclusivity 38 SECTION 7.11 Compliance with U.S. Securities Laws 38 SECTION 7.12 Titles 38 EXHIBIT A 40 EXHIBIT B 49
Appears in 1 contract
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up Split‑up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records Receipts 11 SECTION 2.10 Maintenance of Records 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 11 SECTION 3.1 Proofs, Certificates and Other Information 12 11 SECTION 3.2 Liability for Taxes and Other Charges 12 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 13 SECTION 3.4 Compliance with Information Requests 13 ARTICLE IV THE DEPOSITED SECURITIES. 14 13 SECTION 4.1 Cash Distributions 14 13 SECTION 4.2 Distribution in Shares 14 SECTION 4.3 Elective Distributions in Cash or Shares 15 SECTION 4.4 Distribution of Rights to Purchase Shares 15 16 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 SECTION 4.6 Conversion of Foreign Currency 18 SECTION 4.7 Fixing of Record Date 18 19 SECTION 4.8 Voting of Deposited Securities 19 SECTION 4.9 Changes Affecting Deposited Securities 21 20 SECTION 4.10 Available Information 21 SECTION 4.11 Reports 21 SECTION 4.12 List of Holders 22 21 SECTION 4.13 Taxation; Withholding 2221
Appears in 1 contract
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 7 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records 11 SECTION 2.10 Maintenance of Records 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 SECTION 3.1 Proofs, Certificates and Other Information 12 SECTION 3.2 Liability for Taxes and Other Charges 12 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 13 SECTION 3.4 Compliance with Information Requests 13 ARTICLE IV THE DEPOSITED SECURITIES. SECURITIES 14 SECTION 4.1 Cash Distributions 14 SECTION 4.2 Distribution in Shares 14 SECTION 4.3 Elective Distributions in Cash or Shares 15 SECTION 4.4 Distribution of Rights to Purchase Shares 15 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 SECTION 4.6 Conversion of Foreign Currency 18 SECTION 4.7 Fixing of Record Date 18 19 SECTION 4.8 Voting of Deposited Securities 19 SECTION 4.9 Changes Affecting Deposited Securities 21 SECTION 4.10 Available Information 21 SECTION 4.11 Reports 21 SECTION 4.12 List of Holders 22 SECTION 4.13 Taxation; Withholding 22
Appears in 1 contract
Samples: Deposit Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
APPOINTMENT OF DEPOSITARY; FORM OF RECEIPT; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. 5 SECTION 2.1 Appointment of Depositary 5 SECTION 2.2 Form and Transferability of Receipts 5 SECTION 2.3 Deposits 6 7 SECTION 2.4 Execution and Delivery of Receipts 8 SECTION 2.5 Transfer of Receipts; Combination and Split-up of Receipts 8 SECTION 2.6 Surrender of Receipts and Withdrawal of Deposited Securities 9 SECTION 2.7 Limitations on Execution and Delivery, Transfer, etc. of Receipts; Suspension of Delivery, Transfer, etc. 10 SECTION 2.8 Lost Receipts, etc. 11 SECTION 2.9 Cancellation and Destruction of Surrendered Receipts; Maintenance of Records Receipts 11 SECTION 2.10 Maintenance of Records 11 ARTICLE III. CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF RECEIPTS 12 SECTION 3.1 Proofs, Certificates and Other Information 12 SECTION 3.2 Liability for Taxes and Other Charges 12 13 SECTION 3.3 Representations and Warranties on Deposit of Shares 12 13 SECTION 3.4 Compliance with Information Requests 13 14 ARTICLE IV THE DEPOSITED SECURITIES. 14 15 SECTION 4.1 Cash Distributions 14 15 SECTION 4.2 Distribution in Shares 14 15 SECTION 4.3 Elective Distributions in Cash or Shares 15 16 SECTION 4.4 Distribution of Rights to Purchase Shares 15 16 SECTION 4.5 Distributions Other Than Cash, Shares or Rights to Purchase Shares 17 18 SECTION 4.6 Conversion of Foreign Currency 18 19 SECTION 4.7 Fixing of Record Date 18 19 SECTION 4.8 Voting of Deposited Securities 19 20 SECTION 4.9 Changes Affecting Deposited Securities 21 22 SECTION 4.10 Available Information 21 22 SECTION 4.11 Reports 21 22 SECTION 4.12 List of Holders 22 SECTION 4.13 Taxation; Withholding 2223
Appears in 1 contract