Cash Distributions; Withholding. Whenever the Custodian or the Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, subject to the provisions of Section 4.6 hereof, convert such dividend or distribution, if applicable, into Dollars and shall as promptly as practicable distribute the amount thus received (net of the expenses of the Custodian or the Depositary, as the case may be, in connection with the conversion of such Foreign Currency into Dollars and such other fees and expenses as provided in Section 5.8 hereof) to the Owners entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company, the Depositary or the Custodian shall be required to withhold and does withhold, subject to Section 4.12 hereof from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental charges, the amount distributed to the Owners of Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Owner of a Receipt a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Owners entitled thereto. The Company or the Depositary, as appropriate, will remit to the appropriate governmental authority or agency in Germany or any other relevant jurisdiction all amounts withheld and owing to such authority or agency. The Depositary will forward to the Company such information from its records as the Company may reasonably request to enable the Company to file necessary reports with governmental authorities or agencies and the Depositary, the Custodian or the Company may file any such reports necessary to obtain benefits under applicable tax treaties for the Owners.
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Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions; Withholding. Whenever the Custodian or the Depositary shall receive receives any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary shall, subject to the provisions of Section 4.6 hereof4.06, convert or cause such dividend or distribution, if applicable, distribution to be converted into Dollars dollars and shall as promptly as practicable distribute the such amount thus received (net of the expenses of the Custodian or the Depositary, as the case may be, in connection with the conversion of such Foreign Currency into Dollars and such other fees and expenses as provided in Section 5.8 hereof) to the Owners Holders entitled thereto, thereto in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, after deduction or upon payment of the fees and expenses of the Depositary; provided, however, that in the event that the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold, subject to Section 4.12 hereof 4.11 hereof, from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental charges, the amount distributed to the Owners Holder in respect of Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Owner of a Receipt Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Owners entitled thereto. The Company or the Depositary, as appropriate, will remit to the appropriate governmental authority or agency in Germany or any other relevant jurisdiction all amounts withheld and owing to such authority or agencyHolders then outstanding. The Depositary will forward to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies agencies, and the DepositaryCustodian, the Custodian Depositary or the Company or its agent may file any such reports necessary to obtain benefits under applicable tax treaties for the OwnersHolders.
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Cash Distributions; Withholding. Whenever the Custodian or the Depositary shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary Custodian shall, subject to the provisions of Section 4.6 hereof4.06, convert such dividend or distribution, if applicable, distribution into Dollars dollars and shall as promptly as practicable distribute remit the amount thus received (net of the expenses of the Custodian or the Depositary, as the case may be, in connection with the conversion of such Foreign Currency into Dollars and such other fees and expenses as provided in Section 5.8 hereof) to the Owners Depositary which shall distribute such amount to the Holders of Receipts entitled thereto, thereto in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold, subject to Section 4.12 hereof withhold from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Owners Holder of Receipts evidencing for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only only, such amount, amount however, as can be distributed without attributing to any Owner Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Owners entitled theretoHolders of Receipts then outstanding. The Company or its agent or the DepositaryDepositary or its agent, as appropriate, will remit to the appropriate governmental authority or agency in Germany or any other relevant jurisdiction the Republic of Singapore all amounts withheld and owing to such authority or agency. The Depositary will promptly forward to the Company or its agent such information from its records as the Company may way reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies and the Depositary, the Custodian or the Company may file any such reports necessary to obtain benefits under applicable tax treaties for the Ownersagencies.
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Cash Distributions; Withholding. Whenever the Custodian or the Depositary shall receive receives any cash dividend or other cash distribution (on liquidation or otherwise) by the Company on any Deposited Securities, the Depositary shall, subject to the provisions of Section 4.6 hereof4.8, convert such dividend or distribution, if applicable, distribution into Dollars dollars and shall as promptly as practicable distribute the amount thus received by checks drawn on a bank in The City of New York, (net of the expenses fees of the Custodian or the Depositary, as the case may be, in connection with the conversion of such Foreign Currency into Dollars and such other fees and expenses Depositary as provided in Section 5.8 hereof) to the Owners Holders of Receipts entitled thereto, thereto in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively; provided, provided however, that in the event that the Company, the Depositary or the Custodian shall be required to withhold and does withhold, subject to Section 4.12 hereof 4.14 hereof, from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental charges, the amount distributed to the Owners Holders of Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Owner Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to the nearest whole cent and so distributed to Owners entitled theretoHolders of Receipts then outstanding. The Company or the Depositary, as appropriate, will remit to the appropriate governmental authority or agency in Germany or any other relevant jurisdiction all amounts withheld and owing to such authority or agency. The Depositary will forward remit to the Company appropriate governmental authority or agency in the United States all amounts withheld and owing to such information from its records as the Company may reasonably request to enable the Company to file necessary reports with governmental authorities authority or agencies and the Depositary, the Custodian or the Company may file any such reports necessary to obtain benefits under applicable tax treaties for the Ownersagency.
Appears in 1 contract
Samples: Deposit Agreement (Rwe Ag /Fi)
Cash Distributions; Withholding. Whenever the Custodian or the Depositary shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary Custodian shall, subject to the provisions of Section 4.6 hereof4.06, convert such dividend or distribution, if applicable, distribution into Dollars dollars and shall as promptly as practicable distribute remit the amount thus received (net of the expenses of the Custodian or the Depositary, as the case may be, in connection with the conversion of such Foreign Currency into Dollars and such other fees and expenses as provided in Section 5.8 hereof) to the Owners Depositary which shall distribute such amount to the Holders of Receipts entitled thereto, thereto in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold, subject to Section 4.12 hereof withhold from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Owners Holder of Receipts evidencing for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Owner Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Owners entitled theretoHolders of Receipts then outstanding. The Company or its agent or the DepositaryDepositary or its agent, as appropriate, will remit to the appropriate governmental authority or agency in Germany or any other relevant jurisdiction the Republic of Ireland all amounts withheld and owing to such authority or agency. The Depositary will forward to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies and the Depositary, the Custodian or the Company may file any such reports necessary to obtain benefits under applicable tax treaties for the Ownersagencies.
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Cash Distributions; Withholding. Whenever the Custodian or the Depositary shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary Custodian shall, subject to the provisions of Section 4.6 hereof4.06, convert such dividend or distribution, if applicable, distribution into Dollars dollars and shall as promptly as practicable distribute remit the amount thus received (net of the expenses of the Custodian or the Depositary, as the case may be, in connection with the conversion of such Foreign Currency into Dollars and such other fees and expenses as provided in Section 5.8 hereof) to the Owners Depositary which shall distribute such amount to the Holders of Receipts entitled thereto, thereto in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold, subject to Section 4.12 hereof withhold from any cash dividend or other cash cash-distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Owners Holder of Receipts evidencing for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Owner Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Owners entitled theretoHolders of Receipts then outstanding. The Company or its agent or the DepositaryDepositary or its agent, as appropriate, will remit to the appropriate governmental authority or agency in Germany or any other relevant jurisdiction Sweden all amounts withheld and owing to such authority or agency. The Depositary will forward to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies and the Depositary, the Custodian or the Company may file any such reports necessary to obtain benefits under applicable tax treaties for the Ownersagencies.
Appears in 1 contract
Samples: Deposit Agreement (Atlas Copco Ab)