Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 21 contracts
Samples: Deposit Agreement (Masco Corp /De/), Deposit Agreement (Masco Corp /De/), Deposit Agreement (Masco Corp /De/)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 16 contracts
Samples: Deposit Agreement (PPL Energy Supply LLC), Deposit Agreement (PPL Capital Funding Inc), Deposit Agreement (PPL Capital Funding Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 15 contracts
Samples: Deposit Agreement (J P Morgan Chase & Co), Deposit Agreement (Merrill Lynch & Co Inc), Deposit Agreement (Merrill Lynch & Co Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockStock (other than cash dividends or cash distributions paid by the Company in lieu of fractional shares or other fractional interests in the Company’s common stock or other securities otherwise deliverable by the Company in accordance with the applicable Certificate of Designation), the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 8 contracts
Samples: Deposit Agreement (Napster Inc), Deposit Agreement (Allos Therapeutics Inc), Deposit Agreement (Vicuron Pharmaceuticals Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stockdeposited Preferred Shares, including any cash received upon redemption of any Preferred Shares pursuant to Section 2.3, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Preferred Shares represented by the Receipts held by any holder an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares represented by such Receipts subject to such withholding shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 7 contracts
Samples: Exhibit (Duke Realty Corp), Deposit Agreement (Duke Realty Corp), Deposit Agreement (Duke Realty Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum sums as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 6 contracts
Samples: Deposit Agreement (Mb Financial Inc /Md), Deposit Agreement (Great Southern Capital Trust IV), Deposit Agreement (First Financial Capital Trust II)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockStock (other than cash dividends or cash distributions paid by the Company in lieu of fractional shares or other fractional interests in the Company's common stock or other securities otherwise deliverable by the Company in accordance with the applicable Certificate of Designation), the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 6 contracts
Samples: Deposit Agreement (Maxim Pharmaceuticals Inc), Deposit Agreement (Amylin Pharmaceuticals Inc), Deposit Agreement (Primus Telecommunications Group Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are4.4 the pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstanding.
Appears in 6 contracts
Samples: Deposit Agreement (Axis Capital Holdings LTD), Deposit Agreement (Amerigroup Corp), Deposit Agreement (Amerigroup Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 6 contracts
Samples: Deposit Agreement (Yahoo Inc), Deposit Agreement (Americredit Capital Trust I), Deposit Agreement (Apache Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts receipts on the record date fixed pursuant to Section 4.04 such amounts amount of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Fleet Financial Group Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a Receipt a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 4 contracts
Samples: Deposit Agreement (Wachovia Corp New), Deposit Agreement (Wachovia Corp New), Deposit Agreement (Regency Centers Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are4.4 the pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 4 contracts
Samples: Deposit Agreement (S&t Bancorp Inc), Deposit Agreement (S&t Bancorp Inc), Deposit Agreement (Fifth Third Capital Trust Iv)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts portions of such sum as are, as nearly as practicable, in proportion proportionate to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxestaxes or as otherwise required by law, regulation or court order, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 3 contracts
Samples: Deposit Agreement (Tele Communications Inc /Co/), Deposit Agreement (Tele Communications Inc /Co/), Deposit Agreement (Tele Communications Inc /Co/)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts Depositary Shares then outstanding.
Appears in 3 contracts
Samples: Deposit Agreement (Ati Financing Ii), Deposit Agreement (American Stores Co /New/), Deposit Agreement (Providian Financing Iv)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distributions as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts Record Holders or Depositary Shares then outstanding.
Appears in 3 contracts
Samples: Deposit Agreement (Heftel Capital Trust Ii), Deposit Agreement (Vintage Petroleum Capital I), Depositary Agreement (CCC Capital Trust Ii)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, -------- however, that in case the Company or the Depositary shall be required by law to ------- withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts then outstanding.
Appears in 3 contracts
Samples: Deposit Agreement (Intermedia Communications of Florida Inc), Deposit Agreement (Intermedia Communications of Florida Inc), Deposit Agreement (Intermedia Communications Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Stocks an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of Boston Corp), Deposit Agreement (Old Kent Financial Corp /Mi/), Deposit Agreement (Bankboston Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts Depositary Shares then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (Primus Guaranty LTD), Deposit Agreement (Jefferies Group Inc /De/)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to the record holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, ; that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts Depositary Shares then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (First Bank System Inc), Deposit Agreement (Uhc Capital I)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 (net of the fees of the Depositary as provided in Section 5.7 hereof) such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (Morgan Stanley Finance PLC), Deposit Agreement (Dean Witter Discover & Co)
Cash Distributions. Whenever the Depositary shall receive ------------------ any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (Torchmark Corp), Deposit Agreement (Leap Wireless International Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 (net of the fees of the Depositary as provided in Section 5.07 hereof) such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (Comcast Corp), Deposit Agreement (Comcast Mo Group Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 2 contracts
Samples: Deposit Agreement (Scholastic Corp), Deposit Agreement (First Union Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the New Common Stock, the Depositary shall, subject to Section 3.026.02, promptly distribute to record holders Record Holders of Depositary Receipts on the record date Record Date fixed pursuant to Section 4.04 7.03 hereof such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Depositary Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution received by the Depositary in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance balance, not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Depositary Receipts then outstanding.
Appears in 2 contracts
Samples: Depositary Agreement (Alpharma Inc), Merger Agreement (Ascent Pediatrics Inc)
Cash Distributions. Whenever the Depositary shall receive any ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be -------- ------- required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Depository Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without Without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 2 contracts
Samples: Annual Report, Deposit Agreement (Merrill Lynch & Co Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stockwith respect to Shares, the Depositary shallDepositary, subject to Section 3.02Sections 3.1 and 3.2, shall distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Shares an amount on account of taxes, and the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (RJF Capital Trust III), Deposit Agreement (Bank of America Corp /De/)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 2 contracts
Samples: Deposit Agreement (Pmi Group Inc), Deposit Agreement (Wachovia Preferred Funding Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the or with respect to Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can not be distributed without attributing required to attribute to any owner holder of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by cent. In such event, the Depositary (without liability for interest thereon) and shall be added will add the undistributed balance to and be treated treat it as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstandingReceipts.
Appears in 2 contracts
Samples: Deposit Agreement (Southern Union Co), Deposit Agreement (Southern Union Co)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts portions of such sum as are, as nearly as practicable, in proportion proportionate to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution distribution, in respect of the Preferred Stock an amount on account of taxestaxes or as otherwise required by law, regulation or court order, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (Ferro Corp), Deposit Agreement (Ferro Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, including any cash received upon redemption of any shares of Preferred Stock pursuant to Section 2.3, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxestaxes or as otherwise required by law, regulation or court order, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 2 contracts
Samples: Deposit Agreement (Level 3 Communications Inc), Deposit Agreement (Ventas Inc)
Cash Distributions. Whenever the Depositary shall ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be -------- ------- required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 2 contracts
Samples: Deposit Agreement (Monsanto Co), Deposit Agreement (Unova Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockShares, the Depositary shall, subject to Section SECTIONS 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section SECTION 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever Subject always to applicable laws, whenever the Custodian or the Depositary shall receive receives any cash dividend or other cash distribution on by the StockCompany in respect of any Deposited Securities, the Depositary shall, subject to the provisions of Section 3.024.05, promptly convert or cause such dividend or distribution to be converted into U.S. dollars and shall promptly distribute such amount to record holders the registered Holders entitled thereto, as of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable4.06 hereof, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts ADSs representing such Deposited Securities held by such holdersthem respectively, after deduction or upon payment of the fees and expenses of the Depositary (and without liability for interest); provided, however, that in case the Company event that the Company, the Custodian or the Depositary shall be required by law to withhold and does withhold withhold, subject to Section 4.12 hereof, from any cash dividend or other cash distribution in respect of the Stock any Deposited Securities an amount on account of taxestaxes or other governmental charges, the amount made available for distribution or distributed to the Holder in respect of Depositary Shares ADSs representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares Holder a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as become part of the next sum received by the Depositary for distribution to record holders Holders of Receipts ADSs then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Taiwan Semiconductor Manufacturing Co LTD)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company Corporation or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to the record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes and governmental charges, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly; provided further, that if such withholding is required only as to a part of the Stock or certain Depositary Shares, but not all of the Stock or Depositary Shares generally, such reduction of the amount made available for distribution or distributed in respect of the Depositary Shares shall only affect the Depositary Shares as to which such withholding is required. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner record holder of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts Depositary Shares then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution (including any distribution of proceeds from any redemption of the Stock) on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Freeport McMoran Copper & Gold Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.1 and 3.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent and any cent. Any balance not so distributable shall be held returned by the Depositary (without liability for interest thereon) to the Company and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive ------------------- any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts Receipt held by such holders; provided, however, that in case the Company or the Depositary shall be required by law -------- ------- to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of from taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed distributed, without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Chirex Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary Depositary, shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 (net of the fees of the Depositary as provided in Section 5.07 hereof) such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; , provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stockwith respect to Shares, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (United Companies Financial Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company R&B Falcon or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (R&b Falcon Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1, 3.2 and 5.7, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.then
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to the record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or -------- ------- the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes and governmental charges, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Nationwide Health Properties Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Convertible Preferred Stock, the Depositary shall, subject to Section 3.02Sections 3.01 and 3.02 hereof, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Convertible Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to of record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution distribu tion in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 1 contract
Samples: Deposit Agreement (First Union Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Series F Preferred Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion attributable to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution distributed in respect of the Series F Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by rounded to the Depositary (without liability for interest thereon) and shall be added to and be treated as part next highest whole cent and, upon request of the next sum received by Depositary, the Company shall pay the additional amount to the Depositary for distribution to record holders of Receipts then outstandingdistribution.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes or other governmental charges, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockPreferred Shares, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 (net of the fees of the Depositary as provided in Section 5.07 hereof) such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Preferred Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Nb Finance LTD)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.01 and 3.02 hereof, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 hereof such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Infocure Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or Pattxxxxx xx the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash Table of Contents dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 1 contract
Samples: Deposit Agreement (Pmi Group Inc)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as areamounts, as nearly as practicable, in proportion of such dividend or distribution as are applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case if the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes or as otherwise required by law, regulation or court order, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stockwith respect to Shares, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution distribution-in respect of the Stock Shares an amount on account of taxes, and the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.01 and 3.02, distribute distributee to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockPreferred Shares, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock Preferred Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Scottish Annuity & Life Holdings LTD)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, including any cash Liquidated Damages, the Depositary shall, subject to Section 3.023.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holdersRecord Holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall ------------------ receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as areamounts, as nearly as practicable, in proportion of such dividend or distribution as are applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case if the Company or the Depositary shall be required by law to -------- ------- withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes or as otherwise required by law, regulation or court order, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 (net of the fees of the Depositary as provided in Section 5.07 hereof) such amounts of 10 such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the deposited shares of Preferred Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts Depositary Shares then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.
Appears in 1 contract
Samples: Deposit Agreement (Aar Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without with out liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Polaroid Corp)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution by the Company on the Stockany Deposited Securities, the Depositary shall, subject to the provisions of Section 3.02, 4.05. convert such dividend or distribution into dollars and shall distribute the amount thus received to record holders the Holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicableentitled thereto, in proportion to the respective numbers number of American Depositary Shares evidenced by the Receipts representing such Deposited Securities held by such holdersthem respectively; provided, however, that in case the event that the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock any Deposited Securities an amount on account of taxes, the amount made available distributed to the Holder of Receipts for distribution or distributed in respect of American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner Holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable discributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as become part of the next sum received recejved by the Depositary for distribution to record holders Holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Huntingdon Life Sciences Group PLC)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockPreference Shares, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock Preference Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever the Depositary shall ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be -------- ------- required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Stocks an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Merrill Lynch Preferred Capital Trust V)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the deposited shares of Preferred Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract
Cash Distributions. Whenever Subject always to applicable laws, whenever the Custodian or the Depositary shall receive receives any cash dividend or other cash distribution on by the StockCompany in respect of any Deposited Securities, the Depositary shall, subject to the provisions of Section 3.024.05, promptly convert or cause such dividend or distribution to be converted into U.S. dollars and shall promptly distribute such amount to record holders the registered Holders entitled thereto, as of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable4.06 hereof, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts ADSs representing such Deposited Securities held by such holdersthem respectively, after deduction or upon payment of the fees and expenses of the Depositary (and without liability for interest); provided, however, that in case the Company event that the Company, the Custodian or the Depositary shall be required by law to withhold and does withhold withhold, subject to Section 4.11 hereof, from any cash dividend or other cash distribution in respect of the Stock any Deposited Securities an amount on account of taxestaxes or other governmental charges, the amount made available for distribution or distributed to the Holder in respect of Depositary Shares ADSs representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares Holder a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as become part of the next sum received by the Depositary for distribution to record holders of Receipts Holders then outstanding.
Appears in 1 contract
Samples: Deposit Agreement (Taiwan Semiconductor Manufacturing Co LTD)
Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, promptly distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.
Appears in 1 contract