Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders entitled thereto, in proportion to the number of ADSs representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder of ADSs representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning to such authority or agency. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies.
Appears in 4 contracts
Samples: Third Amended and Restated Deposit Agreement (Kookmin Bank), Deposit Agreement (KB Financial Group Inc.), Deposit Agreement (KB Financial Group Inc.)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of if such dividend or distribution (unless otherwise prohibited or prevented by law)cash is received in foreign currency, subject to the provisions of Section 4.05, promptly convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them respectively; provided, however, provided that in the event that the Company or an agent of the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts amounts, if any, required to be withheld and owning owing to such authority or agencyagency by the Company. The Depositary shall or its agents will remit to the appropriate governmental authority or agency in the United Kingdom all amounts required to be withheld and owing to such agency by the Depositary. The Depositary will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and either the Depositary or the Company may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 4 contracts
Samples: Deposit Agreement (Mitchells & Butlers PLC), Deposit Agreement (Mitchells & Butlers PLC), Deposit Agreement (Mitchells & Butlers PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars if such cash dividend or other cash distribution is not received in Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.09 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the CompanyIssuer, the Depositary CUFS Depositary, the Custodian, or the Custodian Depositary shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction The Netherlands all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent the CUFS Depositary such information from its records as the Company Issuer or the CUFS Depositary may reasonably request to enable the Company Issuer or its agent the CUFS Depositary to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or the CUFS Depositary may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 4 contracts
Samples: Deposit Agreement (James Hardie Industries Se), Deposit Agreement (James Hardie Industries N.V.), Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution by the Issuer on any Deposited Securities, subsequent to receipt thereof from the Issuer, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of if such dividend or distribution (unless otherwise prohibited or prevented by law)cash is received in Foreign Currency, subject to the provisions of Section 4.05, 4.05 as promptly as practicable convert such dividend or distribution into Dollars and shallshall distribute, as promptly soon as practicable, distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.09, if applicable ) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution in respect of any Deposited Security an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders owners entitled thereto. The Company or its agent or the Depositary Issuer or its agent, the Custodian or the Depositary, as appropriate, shall appropriate will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Greece all amounts (if any) required to be withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, the Depositary shallwill, or shall cause its agent toif at the time of receipt thereof any amounts received in a foreign currency can in the judgment of the Depositary, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)pursuant to Section 4.07 hereof, be converted on a reasonable basis into Dollars transferable to the United States, and subject to the provisions of Section 4.05Deposit Agreement, promptly convert or cause to be converted such dividend or distribution into Dollars and shall, as will distribute promptly as practicable, distribute the amount thus received (net of fees of, and expenses incurred by, the expenses of the Depositary as provided in Section 5.09Depositary) to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided. The Depositary shall distribute only such amount, however, that in as can be distributed without attributing to any Holder a fraction of one Cent, and any balance not so distributable shall be held by the event that Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of ADSs then outstanding. If the Company or an agent of the Company, the Depositary or the Custodian shall be is required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes taxes, duties or other governmental charges, the amount distributed to Holders on the Holder of ADSs American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional Such withheld amounts shall be rounded forwarded by the Company to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall remit to the appropriate relevant governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning to such authority or agency. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agenciesauthority.
Appears in 3 contracts
Samples: Deposit Agreement (WPP Group PLC), Deposit Agreement (WPP Group PLC), Deposit Agreement (WPP Group PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert or cause to be converted such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Custodian or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. Each of the Company, the Custodian and the Depositary shall pay over to the relevant governmental authority any amounts withheld by it on account of taxes or other governmental charges. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or Each of the Company, the Custodian and the Depositary or its agent, as appropriate, shall agent will remit to the appropriate governmental authority or agency in Korea or any other relevant each applicable jurisdiction all amounts withheld by it and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Prima BioMed LTD), Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such that dividend or distribution (unless otherwise prohibited or prevented by law)distribution, subject to the provisions of Section 4.054.5, convert such that dividend or other distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.095.9) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such those Deposited Securities held by them respectively; provided, however, that in if the event that the Company Custodian or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such that cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owners of ADSs the American Depositary Shares representing such those Deposited Securities shall be reduced accordingly. The However, the Depositary shall distribute only such amounts as can be distributed without distributing to will not pay any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded , but will round each Owner’s entitlement to the nearest whole cent and so distributed to Holders entitled theretocent. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant each applicable jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies. Each Owner and Holder agrees to indemnify the Company, the Depositary, the Custodian and their respective directors, officers, employees, agents and affiliates for, and hold each of them harmless against, any claim by any governmental authority with respect to taxes, additions to tax, penalties or agenciesinterest arising out of any refund of taxes, reduced withholding at source or other tax benefit received by it. If a cash distribution would represent a return of all or substantially all the value of the Deposited Securities underlying American Depositary Shares, the Depositary may require surrender of those American Depositary Shares and may require payment of or deduct the fee for surrender of American Depositary Shares (whether or not it is also requiring surrender of American Depositary Shares) as a condition of making that cash distribution. A distribution of that kind shall be a Termination Option Event.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (SPI Energy Co., Ltd.), Deposit Agreement (SPI Energy Co., Ltd.)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, as promptly as practicable convert or cause to be converted such dividend or distribution into Dollars and shall, as shall promptly as practicable, distribute the amount thus Dollars thereby received (net of the fees, expenses and charges of the Depositary as provided in Section 5.09) to Holders of Receipts on the Holders entitled thereto, record date fixed pursuant to Section.4.06 in proportion to the number of ADSs representing such Deposited Securities American Depositary Shares held by them each of them, respectively; provided, howeverhowever that in the event that any of the deposited Shares is not entitled, by reason of its date of issuance, or otherwise, to receive the full amount of such cash dividend or distribution, the Depositary shall make appropriate adjustments in the amounts distributed to the Holders of the Receipts issued in respect of such Shares; and provided, further, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to on the Holder Receipts issued in respect of ADSs representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amounts, however, as can be distributed without distributing attributing to any Holder of a Receipt a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (HSBC Holdings PLC), Deposit Agreement (HSBC Holdings PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by applicable law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and and, after fixing a record date in respect thereof pursuant to Section 4.6, shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.095.9) to the Holders Owners entitled thereto, in proportion to the number of ADSs the American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Russian Federation all amounts withheld and owning owing to such authority or agency. In the event that the Depositary withholds any such amounts, the Depositary will remit to the appropriate governmental agency in the United States all amounts withheld and owing to such agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information information, from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ao Surgutneftegas /Fi), Deposit Agreement (Ao Surgutneftegas /Fi)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, as promptly as practicable convert or cause to be converted such dividend or distribution into Dollars and shall, as shall promptly as practicable, distribute the amount thus Dollars thereby received (net of the fees, expenses and charges of the Depositary as provided in Section 5.09) to Holders of Receipts on the Holders entitled thereto, record date fixed pursuant to Section 4.06 in proportion to the number of ADSs representing such Deposited Securities American Depositary Shares held by them each of them, respectively; provided, howeverhowever that in the event that any of the deposited Shares are not entitled, by reason of their dates of issuance, or otherwise, to receive the full amount of such cash dividend or distribution, the Depositary shall make appropriate adjustments in the amounts distributed to the Holders of the Receipts issued in respect of such Shares; and provided, further, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to on the Holder Receipts issued in respect of ADSs representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amounts, however, as can be distributed without distributing attributing to any Holder of a Receipt a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (HSBC Holdings PLC), Deposit Agreement (HSBC Holdings PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, or receives proceeds from the sale of any Shares, rights, securities or other entitlements under the terms hereof, received in Dollars, the Depositary shall, or shall cause its agent to, as will distribute promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09taxes and governmental charges withheld) to the Holders entitled thereto, of record as of the Depositary Share Record Date in proportion to the number of ADSs representing such Deposited Securities Depositary Shares held by them respectively; provided, however, that in the event that the Company or an agent such Holders respectively as of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder of ADSs representing such Deposited Securities shall be reduced accordinglyShare Record Date. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The If the Company or its agent or the Depositary is required to withhold and does withhold from any cash dividend or its agentother cash distribution in respect of any Deposited Securities an amount on account of taxes, as appropriateduties or other governmental charges, the amount distributed to Holders on the Depositary Shares representing such Deposited Securities shall remit be reduced accordingly. Such withheld amounts shall be forwarded by the Company or the Depositary to the appropriate relevant governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning authority. Evidence of payment thereof by the Company shall be forwarded by the Company to such authority or agencythe Depositary upon request. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, such reports necessary to obtain benefits under the applicable tax treaties for the Holders and Beneficial Owners of Depositary Shares.
Appears in 2 contracts
Samples: Deposit Agreement (MAGNACHIP SEMICONDUCTOR Corp), Deposit Agreement (Magnachip Semiconductor LLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Issuer on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary expenses, taxes and fees as provided in Section 5.09Sections 4.5, 4.11 and 5.9) to the Holders Owners entitled theretothereto as of the record date fixed pursuant to Section 4.6, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Owner for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts withheld and owning owing to such authority or agencyagency by the Issuer. The Depositary shall forward as promptly as practicable or its agent will remit to the Company appropriate governmental agency in the United States all amounts withheld and owing to such agency by the Depositary. The Depositary or its agent will remit to the appropriate governmental agency in the United Kingdom all amounts owing to such agency by the Depositary. The Depositary will forward to the Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under any applicable tax treaties for the Owners of Receipts. Payments in Dollars in respect of any Receipt will be made, subject to applicable laws and regulations, by check drawn upon a bank in The City of New York or in such other manner as the Owner may request.
Appears in 2 contracts
Samples: Deposit Agreement (Vernalis PLC), Deposit Agreement (British Biotech PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Issuer on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders Owners of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoOwners of Receipts then outstanding. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Pounds all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Senetek PLC /Eng/), Deposit Agreement (Senetek PLC /Eng/)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, as soon as possible convert such dividend or distribution into Dollars U.S. dollars and shall, shall distribute as promptly soon as practicable, distribute possible the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of Company, the CompanyCPO Trustee, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof Receipts then outstanding. The Company or its agent Company, the CPO Trustee or the Depositary or its agentDepositary, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Mexico all amounts (if any) required to be withheld and owning owing to such authority or agency. The Depositary shall will as soon as possible forward as promptly as practicable to the Company or its agent the CPO Trustee such information from its records as the Company or the CPO Trustee may reasonably request to enable the Company or its agent the CPO Trustee to file necessary reports with governmental authorities agencies, and either the Depositary, the Company or agenciesthe CPO Trustee may file any such reports necessary to obtain benefits under any applicable tax treaties for Holders.
Appears in 2 contracts
Samples: Deposit Agreement (Ica Corp), Deposit Agreement (Ica Corp)
Cash Distributions. Notwithstanding any rights under the Company’s articles of association, any dividends paid on the Deposited Securities that are not paid to the Depositary or its nominee in Dollars will be paid by the Company in GBP. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.05 in the case of a dividend and/or distribution received in a currency other than Dollars, convert the amounts so received into Dollars. Promptly after the settlement of such conversion or, in the in the case of any cash dividend or other cash distribution into Dollars and shallreceived by the Depositary in Dollars, the Depositary shall as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectivelyeach of them; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded down to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts. Subject to the rules and regulations of any stock exchange upon which the American Depositary Shares may be traded, the Depositary shall endeavor to convert the funds as promptly as practicable and to distribute Dollars to Owners under this Section within five New York Stock Exchange trading days of the day on which the cash dividend or cash distribution on the Deposited Securities is received by the Depositary.
Appears in 2 contracts
Samples: Deposit Agreement (Royal Dutch Shell PLC), Deposit Agreement (Royal Dutch Shell PLC)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of if such dividend or distribution (unless otherwise prohibited or prevented by law)cash is received in foreign currency, subject to the provisions of Section 4.05, promptly convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them respectively; provided, however, provided that in the event that the Company or an agent of the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount as can be distributed without distributing to any Holder 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 become part of the next sum received by the Depositary for distribution to Holders of Receipts then outstanding. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts amounts, if any, required to be withheld and owning owing to such authority or agencyagency by the Company. The Depositary shall or its agents will remit to the appropriate governmental authority or agency in the United Kingdom all amounts required to be withheld and owing to such agency by the Depositary. The Depositary will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and either the Depositary or the Company may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Intercontinental Hotels Group PLC), Deposit Agreement (Intercontinental Hotels Group PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), ) subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Custodian or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent of a Dollar and so distributed to Holders Owners entitled thereto. The Each of the Company or its agent or the Depositary or its agent, the Custodian, or the Depositary, as appropriatethe case may be, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld by it and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent as promptly as practicable such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Issuer on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary expenses, taxes and fees as provided in Section 5.09Sections 4.5, 4.11 and 5.9) to the Holders Owners entitled theretothereto as of the record date fixed pursuant to Section 4.6, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Owner for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders owners entitled thereto. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Commonwealth of Australia all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under any applicable tax treaties for the Owners of Receipts. Payments in Dollars in respect of any Receipt will be made, subject to applicable laws and regulations, by check drawn upon a bank in The City of New York or in such other manner as the Owner may request.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Orbital Engine Corp LTD /Waa)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shallshall distribute, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.095.9) to the Holders Owners entitled thereto, as of the record date fixed pursuant to Section 4.6, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Custodian or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution with respect to any Deposited Securities an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders the Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant each applicable jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners, provided that neither the Depositary nor the Company shall have any obligation to file such reports.
Appears in 2 contracts
Samples: Deposit Agreement (Medigus Ltd.), Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the CompanyIssuer, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded downward to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer, upon payment in full (subject to any withholding as set forth above) of a cash distribution to any Custodian or its agent the Depositary, shall be free of any further obligations in respect of any Deposited Securities relating to such cash distribution. The Issuer or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning owing by such party to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer or its agents may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may (but shall not be obligated to) file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder of a Receipt a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Each of the Company or its agent or and the Depositary or its agentand each of their respective agents, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts (if any) withheld by it and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Ericsson Lm Telephone Co), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by applicable law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and and, after fixing a record date in respect thereof pursuant to Section 4.06, shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Russian Federation all amounts withheld and owning owing to such authority or agency. In the event that the Depositary withholds any such amounts, the Depositary will remit to the appropriate governmental agency in the United States all amounts withheld and owing to such agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (OJSC Gazprom), Deposit Agreement (Ao Surgutneftegas /Fi)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, as promptly as practicable, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Each of the Company or its agent or the Depositary or its agent, as appropriate, shall the Custodian or the Depositary will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts amounts, if any, withheld by it and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Cyclacel Group PLC), Deposit Agreement (Cyclacel Group PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited SecuritiesSecurities (including cash in respect of redemption), if such cash dividend or other cash distribution is received in dollars, the Depositary shall distribute the dollars so received, and if such cash dividend or other cash distribution is received in a currency other than dollars (such currency being hereinafter referred to as a "foreign currency"), the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.06, convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided received, in Section 5.09) either case to the Holders of Receipts evidencing American Depositary Shares representing such Deposited Securities entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively, by checks drawn on a bank in The City of New York; provided, however, that in the event that either the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Holders of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder of a Receipt a fraction of one cent. Any , and any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts (if any) required to be withheld and owning owing to such authority or agencyagency by the Company. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and either the Depositary or the Company may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Royal Bank of Scotland Group PLC), Deposit Agreement (Royal Bank of Scotland Group PLC)
Cash Distributions. Notwithstanding any rights under the Company’s Articles, any dividends paid on the Deposited Securities that are not paid to the Depositary or its nominee or Custodian in Dollars will be paid by the Company in euro. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.05 in the case of a dividend and/or distribution received in a currency other than Dollars, convert the amounts so received into Dollars. Promptly after the settlement of such conversion or, in the in the case of any cash dividend or other cash distribution into Dollars and shallreceived by the Depositary in Dollars, the Depositary shall as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectivelyeach of them; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded down to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts. Subject to the rules and regulations of any stock exchange upon which the American Depositary Shares may be traded, the Depositary shall endeavor to convert the funds as promptly as practicable and to distribute Dollars to Owners under this Section within five New York Stock Exchange trading days of the day on which the cash dividend or cash distribution on the Deposited Securities is received by the Depositary.
Appears in 2 contracts
Samples: Deposit Agreement (Royal Dutch Shell PLC), Deposit Agreement (Royal Dutch Shell PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, the Depositary shallwill, or shall cause its agent toif at the time of receipt thereof any amounts received in a foreign currency can in the judgment of the Depositary, as promptly as pursuant to Section 4.08 hereof, be converted on a practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)basis into Dollars transferable to the United States, and subject to the provisions of Section 4.05Deposit Agreement, promptly convert or cause to be converted such dividend or distribution into Dollars and shall, as will distribute promptly as practicable, distribute the amount thus received (net of fees of, and expenses incurred by, the expenses of the Depositary as provided in Section 5.09Depositary) to the Holders entitled theretothereto as of the record date fixed pursuant to Section 4.09 hereof, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided. The Depositary shall distribute only such amount, however, that in as can be distributed without attributing to any Holder a fraction of one Cent, and any balance not so distributable shall be held by the event that Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of Receipts then outstanding. If the Company or an agent of the Company, the Depositary or the Custodian shall be is required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes taxes, duties or other governmental charges, the amount distributed to Holders on the Holder of ADSs American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional Such withheld amounts shall be rounded forwarded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall remit to the appropriate relevant governmental authority or agency in Korea or any other relevant jurisdiction all amounts by the person holding the withheld and owning to such authority or agency. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agenciesamounts.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof Receipts then outstanding. The Each of the Company or its agent or and the Depositary or its agentand each of their respective agents, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts (if any) withheld by it and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the CompanyIssuer, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer, upon payment in full (subject to any withholding as set forth above) of a cash distribution to any Custodian or its agent the Depositary, shall be free of any further obligations in respect of any Deposited Securities relating to such cash distribution. The Issuer or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning owing by such party to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer or its agents may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may (but shall not be obligated to) file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert as promptly as practicable such dividend or distribution into Dollars and shall, shall distribute as promptly as practicable, distribute the practicablethe amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction PRC all amounts amounts, if any, required to be withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Tianjin Capital Environmental Protection Co LTD)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)practicable, subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea Japan or any other relevant taxing jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts. Subject to Section 5.08, the Company shall not be responsible for such distributions (which the Company has paid to the Depositary) by the Depositary to Owners of Receipts evidencing American Depositary Shares.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited SecuritiesSecurities from the Company through the Custodian, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, promptly convert or cause to be converted such dividend or distribution into Dollars and shall, as promptly as practicablewithout unreasonable delay, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. Such withheld or deducted amounts shall be forwarded by the Company, the Custodian or the Depositary, as the case may be, to the relevant governmental authority. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent Custodian or the Depositary or its agent, as appropriate, shall remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, subsequent to receipt thereof from the Company, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of if such dividend or distribution (unless otherwise prohibited or prevented by law)cash is received in Foreign Currency, subject to the provisions of Section 4.054.05 and to the following sentence, as soon as possible, convert such dividend or distribution into Dollars and shallshall distribute, as promptly soon as practicablepossible, distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution in respect of any Deposited Security an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders owners entitled thereto. The Company or its agent agent, the Custodian or the Depositary or its agentDepositary, as appropriate, shall appropriate will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Turkey all amounts (if any) required to be withheld and owning owing to such authority or agency. The Depositary shall will as soon as possible forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, any Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary expenses, taxes and fees as provided in Section Sections 4.05, 4.11 and 5.09) to the Holders Owners entitled theretothereto as of the record date fixed pursuant to Section 4.06, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the CompanyIssuer, the Depositary or the any Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall Issuer will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Commonwealth of Australia all amounts withheld withheld, if any, pursuant to Section 3.02 or otherwise and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent Issuer such information from its records as the Company Issuer may reasonably request to enable the Company or its agent Issuer to file necessary reports with governmental authorities agencies, and either the Depositary (with the consent of the Issuer, which consent shall not be unreasonably withheld) or agenciesthe Issuer may file any such reports necessary to obtain benefits under any applicable tax treaties for the Owners of Receipts. Payments in Dollars in respect of any Receipt will be made by the Depositary, subject to applicable laws and regulations, by check drawn upon a bank in The City of New York.
Appears in 1 contract
Samples: Deposit Agreement (Telstra Corp LTD)
Cash Distributions. Whenever Pursuant to and subject to the Depositaryprovisions of the Certificate, or on its behalf, its agent, whenever the Depositary shall receive any cash dividend or other cash distribution from the Company on any Deposited Securitiesthe Preferred Stock, which such dividend or distribution the Depositary shall hold in trust for the benefit of the holders of Receipts, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt distribute to each record holder of Receipts on the record date fixed pursuant to Section 4.04 the amount of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shallas is, as promptly nearly as practicable, distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders entitled theretopossible, in proportion to the number of ADSs representing such Deposited Securities outstanding Depositary Shares held by them respectivelysuch holder; provided, however, that in the event that case the Company or an agent of the Company, and/or the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of the Preferred Stock an amount on account of taxes or other governmental chargestaxes, the amount made available for distribution or distributed to on the Holder Receipts evidencing Depositary Shares issued in respect of ADSs representing such Deposited Securities Preferred Stock shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amounts amount, however, as can be distributed without distributing attributing to any Holder holder of Receipts a fraction of one cent. Any such fractional amounts cent and any balance not so distributable shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or held by the Depositary or its agent, (without liability for interest thereon) and shall be added to and treated as appropriate, shall remit part of the next sum received by the Depositary for distribution to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning to such authority or agencyrecord holders of Receipts then outstanding. The Depositary shall forward as promptly as practicable have no liability to the Company holders of Depositary Shares for failure to distribute timely such cash dividend or its agent such information from its records as cash distribution to the holders of Depositary Shares entitled thereto if the Company may reasonably request shall have failed to enable deposit such cash dividend or cash distribution with the Company Depositary prior to the applicable payment date for the dividend or its agent to file necessary reports with governmental authorities or agenciesdistribution.
Appears in 1 contract
Samples: Deposit Agreement (Infocure Corp)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, practicable and shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) as promptly as practicable to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Owners of American Depositary Shares then outstanding. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Colombia all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of American Depositary Shares.
Appears in 1 contract
Samples: Deposit Agreement (Bancolombia Sa)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, promptly convert such dividend or distribution into Dollars U.S. dollars and shall, as shall distribute promptly as practicable, distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof Receipts then outstanding. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts (if any) required to be withheld and owning owing to such authority or agencyagency by the Company. The Depositary shall will remit to the appropriate governmental agency in the United Kingdom all amounts required to be withheld and owing to such agency by the Depositary. The Depositary will promptly forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Company may file any such reports necessary to obtain benefits under any applicable tax treaties for Holders.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, as soon as possible convert such dividend or distribution into Dollars U.S. dollars and shall, shall distribute as promptly soon as practicable, distribute possible the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of Company, the CompanyCPO Trustee, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder Owner a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoOwners of Receipts then outstanding. The Company or its agent Company, the CPO Trustee or the Depositary or its agentDepositary, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Mexico all amounts (if any) required to be withheld and owning owing to such authority or agency. The Depositary shall will as soon as possible forward as promptly as practicable to the Company or its agent the CPO Trustee such information from its records as the Company or the CPO Trustee may reasonably request to enable the Company or its agent the CPO Trustee to file necessary reports with governmental authorities agencies, and either the Depositary, the Company or agenciesthe CPO Trustee may file any such reports necessary to obtain benefits under any applicable tax treaties for Owners.
Appears in 1 contract
Cash Distributions. Notwithstanding any rights under the Company’s articles of association, dividends paid on the Deposited Securities that are not paid to the Depositary or its nominee or Custodian in US Dollars will be paid by the Company in euro. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.05 in the case of a dividend and/or distribution received in a currency other than Dollars, convert the amounts so received into Dollars. Promptly after the settlement of such conversion or, in the in the case of any cash dividend or other cash distribution into Dollars and shallreceived by the Depositary in Dollars, the Depositary shall as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectivelyeach of them; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded down to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts. Subject to the rules and regulations of any stock exchange upon which the American Depositary Shares may be traded, the Depositary shall endeavor to convert the funds as promptly as practicable and that distributions to Owners under this Section are made within five New York Stock Exchange trading days of the day on which the cash dividend or cash distribution on the Deposited Securities is received by the Depositary.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), thereof subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction United Kingdom all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Skyepharma PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by applicable law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and and, after fixing a record date in respect thereof pursuant to Section 4.06, shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded down to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Russian Federation all amounts withheld and owning owing to such authority or agency. In the event the Depositary withholds any such amounts, the Depositary will remit to the appropriate governmental agency in the United States all amounts withheld and owing to such agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, a Custodian shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary such Custodian shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.06, convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, distribute shall remit the amount thus received (net of the expenses of to the Depositary as provided in Section 5.09) which shall distribute such amount to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Companyits agent, the Depositary or the a Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Holders of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to the nearest whole cent and so distributed to Holders entitled theretoof Receipts then outstanding. The Concurrently with making any cash distributions in respect of any Deposited Securities held by the Depositary, a Custodian, the Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Sweden all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and either the Depositary, a Custodian or the Company or its agent, as appropriate, may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Sandvik Ab /Fi)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Company on any Deposited SecuritiesSecurities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that the Depositary shall make appropriate adjustments in the event that the Company amounts so distributed in respect of (a) any of such Deposited Securities being not entitled, by reason of date of issuance or an agent otherwise, to receive all or any portion of such distribution or (b) any amounts (i) withheld or requested to be withheld by the Company, the Depositary Custodian or the Custodian shall be required to withhold and does withhold Depositary from any such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, or (ii) charged by the amount distributed Depositary in the conversion of foreign currency into U.S. dollars pursuant to the Holder of ADSs representing such Deposited Securities shall be reduced accordinglySection 4.05. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof Receipts then outstanding. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental governmental authority or agency in Korea or any other relevant jurisdiction Sweden all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company Company or its agent may reasonably request to enable enable the Company or its agent to file necessary reports with governmental authorities or agencies, and either the Depositary or the Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Svenska Cellulosa Aktiebolagot Sca /Fi)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, the Depositary shallwill, or shall cause its agent toif at the time of receipt thereof any amounts received in a Foreign Currency can in the judgment of the Depositary, as promptly as pursuant to Section 4.08, be converted on a practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)basis into Dollars transferable to the United States, and subject to the provisions of Section 4.05Deposit Agreement, promptly convert or cause to be converted such dividend or distribution into Dollars and shall, as will distribute promptly as practicable, distribute the amount thus received (net of fees of, and expenses incurred by, the expenses of the Depositary as provided in Section 5.09Depositary) to the Holders entitled theretothereto as of the record date fixed pursuant to Section 4.09, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided. The Depositary shall distribute only such amount, however, that in as can be distributed without attributing to any Holder a fraction of one Cent, and any balance not so distributable shall be held by the event that Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of Receipts then outstanding. If the Company or an agent of the Company, the Depositary or the Custodian shall be is required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes taxes, duties or other governmental charges, the amount distributed to Holders on the Holder of ADSs American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional Such withheld amounts shall be rounded forwarded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall remit to the appropriate relevant governmental authority or agency in Korea or any other relevant jurisdiction all amounts by the person holding the withheld and owning to such authority or agency. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agenciesamounts.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, as promptly as practicable, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Custodian or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from the amount so payable to an Owner of American Depositary Shares in respect of such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to that Owner of the Holder of ADSs American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent Company, the Custodian or the Depositary Depositary, or its agent, as appropriate, shall any of their agents will remit to the appropriate governmental authority or agency in Korea or any other relevant each applicable jurisdiction all amounts withheld by it and owning owing to such authority or agency. The Custodian and the Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies or agenciesto otherwise comply with its obligations under applicable law or governmental agreements, and the Depositary, the Custodian or the Company or any of their agents may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, the Depositary shallwill, or shall cause its agent toif at the time of receipt thereof any amounts received in a foreign currency can in the reasonable judgment of the Depositary, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)pursuant to Section 4.08 hereof, be converted on a reasonable basis into Dollars transferable to the United States, and subject to the provisions of Section 4.05Deposit Agreement, promptly convert or cause to be converted such dividend or distribution into Dollars and shall, as will distribute promptly as practicable, distribute the amount thus received (net of fees of, and expenses incurred by, the expenses of the Depositary as provided in Section 5.09Depositary) to the Holders entitled theretothereto as of the record date fixed pursuant to Section 4.08 hereof, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided. The Depositary shall distribute only such amount, however, that in as can be distributed without attributing to any Holder a fraction of one Cent, and any balance not so distributable shall be held by the event that Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of Receipts then outstanding. If the Company or an agent of the Company, the Depositary or the Custodian shall be is required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited securities an amount on account of taxes taxes, duties or other governmental charges, the amount distributed to Holders on the Holder of ADSs American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional Such withheld amounts shall be rounded to forwarded by the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, (as appropriate, shall remit the case may be) to the appropriate relevant governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning to such authority or agencyauthority. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records and those of the Custodian as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies.
Appears in 1 contract
Samples: Deposit Agreement (Manufacturas De Papel C a Manpa S a C a /Fi)
Cash Distributions. Whenever the DepositaryCompany intends to make a distribution of a cash dividend or other cash distribution, or on its behalfthe Company shall give timely notice thereof to the Depositary prior to the proposed distribution specifying, its agentinter alia, the record date applicable for determining the holders of Deposited Securities entitled to receive such distribution. Upon the timely receipt of such notice, the Depositary shall establish a record date upon the terms described in Section 4.06. Whenever the Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one centcent of a Dollar. Any such fractional amounts shall be rounded to the nearest whole cent of a Dollar and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Netherlands all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and the Depositary or the Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts. Notwithstanding anything contained in this Section 4.01 to the contrary, in the event the Company fails to give the Depositary timely notice of the proposed distribution provided for above, the Depositary agrees to use commercially reasonable efforts to perform the actions contemplated in this Section 4.01, and the Company, the Owners and the Beneficial Owners acknowledge that the Depositary shall have no liability for the Depositary’s failure to perform the actions contemplated in this Section 4.01 where such notice has not been so timely given, other than its failure to use commercially reasonable effort, as provided herein.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on by the Issuer in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of if such dividend or distribution (unless otherwise prohibited or prevented by law)cash is received in Foreign Currency, subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders entitled thereto, less the fees of the Depositary as set forth in Section 5.09, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities represented by Receipts held by them such Holders respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian any other person shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Holders for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof Receipts then outstanding. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Mexico all amounts withheld and owning owing to such authority agency by the Issuer or agencysuch agent. The Depositary shall or the Custodian will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Issuer or its agent may (but shall not be required to) file any such reports necessary to obtain benefits under any applicable tax treaties for the Holders of Receipts.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, promptly convert such dividend or distribution into Dollars U.S. dollars and shall, as shall distribute promptly as practicable, distribute the amount thus received (net of applicable fees and charges of, and expenses incurred by, the expenses of the Depositary as provided in Section 5.09Depositary) to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof Receipts then outstanding. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts (if any) required to be withheld and owning owing to such authority or agencyagency by the Company. The Depositary shall will remit to the appropriate governmental agency in the United Kingdom all amounts required to be withheld and owing to such agency by the Depositary. The Depositary will promptly forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Company may file any such reports necessary to obtain benefits under any applicable tax treaties for Holders.
Appears in 1 contract
Samples: Deposit Agreement (Scottish & Southern Energy PLC /Fi)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or if the distribution (unless otherwise prohibited or prevented by law)is not in Dollars, subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars Dollars, and shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Custodian or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant each applicable jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies. If the Depositary receives an announcement from the Company to the effect that a dividend or agenciesother cash distribution is to be made in respect of Deposited Securities in a currency other than Dollars, but that holders of those Deposited Securities have a right to elect to receive that dividend or other cash distributions in Dollars, the Depositary shall make or cause to be made that election to receive Dollars, provided that the Depositary received that announcement in time so that it has a reasonable opportunity to make that election before the relevant deadline.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)practicable, subject to the provisions of Section 4.054.5, convert such that dividend or other distribution into Dollars and shallshall distribute, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.095.9) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such those Deposited Securities held by them respectively; provided, however, that in if the event that the Company Custodian or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such that cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owners of ADSs the American Depositary Shares representing such those Deposited Securities shall be reduced accordingly. The However, the Depositary shall distribute only such amounts as can be distributed without distributing to will not pay any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded , but will round each Owner’s entitlement to the nearest whole cent and so distributed to Holders entitled theretocent. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant each applicable jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies and regulatory bodies in any applicable jurisdiction. Each Owner and Holder agrees to indemnify the Company, the Depositary, the Custodian and their respective directors, employees, agents and affiliates for, and hold each of them harmless against, any claim by any governmental authority with respect to taxes, additions to tax, penalties or agenciesinterest arising out of any refund of taxes, reduced withholding at source or other tax benefit received by it. If a cash distribution would represent a return of all or nearly all the value of the Deposited Securities underlying American Depositary Shares, the Depositary may require surrender of those American Depositary Shares and may require payment of or deduct the fee for surrender of American Depositary Shares (whether or not it is also requiring surrender of American Depositary Shares) as a condition of making that cash distribution. A distribution of that kind shall be a Termination Option Event.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives confirmation from the Custodian of receipt of any cash dividend or other cash distribution on any Deposited Securities, or receives proceeds from the sale of any Shares, rights, securities or other entitlements under the terms hereof, received in Dollars, the Depositary shall, or shall cause its agent to, as will distribute promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09taxes and governmental charges withheld) to the Holders entitled thereto, of record as of the DS Record Date in proportion to the number of ADSs representing such Deposited Securities Depositary Shares held by them respectively; provided, however, that in the event that the Company or an agent such Holders respectively as of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder of ADSs representing such Deposited Securities shall be reduced accordinglyDS Record Date. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent If the Company, the Custodian or the Depositary is required to withhold and does withhold from any cash dividend or its agentother cash distribution in respect of any Deposited Securities an amount on account of taxes, as appropriateduties or other governmental charges, the amount distributed to Holders on the Depositary Shares representing such Deposited Securities shall remit be reduced accordingly. Such withheld amounts shall be forwarded by the Company, the Custodian or the Depositary to the appropriate relevant governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning authority. Evidence of payment thereof by the Company shall be forwarded by the Company to such authority or agencythe Depositary upon request. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, such reports necessary to obtain benefits under the applicable tax treaties for the Holders and Beneficial Owners of Receipts.
Appears in 1 contract
Cash Distributions. Notwithstanding any rights under the Company’s articles of association, any dividends paid on the Deposited Securities that are not paid to the Depositary or its nominee in Dollars will be paid by the Company in GBP. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.05 in the case of a dividend and/or distribution received in a currency other than Dollars, convert the amounts so received into Dollars. Promptly after the settlement of such conversion or, in the in the case of any cash dividend or other cash distribution into Dollars and shallreceived by the Depositary in Dollars, the Depositary shall as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectivelyeach of them; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded down to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction England and Wales all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts. Subject to the rules and regulations of any stock exchange upon which the American Depositary Shares may be traded, the Depositary shall endeavor to convert the funds as promptly as practicable and to distribute Dollars to Owners under this Section within five New York Stock Exchange trading days of the day on which the cash dividend or cash distribution on the Deposited Securities is received by the Depositary.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly soon as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)is reasonably practicable, subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them respectively; provided, however, provided that in the event that the Company or an agent of the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded to held and retained by the nearest whole cent and so distributed to Holders entitled theretoDepositary (without liability for interest thereon) in accordance with its then current practices. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts amounts, if any, required to be withheld and owning owing to such authority or agencyagency by the Company. The Depositary shall or its agents will remit to the appropriate governmental authority or agency in the United Kingdom all amounts required to be withheld and owing to such agency by the Depositary. The Depositary will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and either the Depositary or the Company may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts. If the Deposited Securities are in the form of a bearer share warrant, the Depositary shall present the Deposited Securities to the Presentation Agent to each dividend payment date in respect thereof and the Presentation Agent will certify to the Company the number of Deposited Securities represented by such bearer share warrant on such date.
Appears in 1 contract
Samples: Deposit Agreement (Signet Group PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder of a Receipt a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof Receipts then outstanding. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Sweden all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and either the Depositary or the Company may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.6, convert such dividend or distribution into Dollars and shall, as promptly as practicable, practicable and shall promptly distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectivelysuch Owners respectively without regard to any distinctions among holders on account of exchange restrictions or the date of deliver of any Receipt or Receipts; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes taxes, or other governmental charges, charges the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties, if any, for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, as soon as practicable convert such dividend or distribution into Dollars Dollars, if applicable, and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Japan all amounts withheld and owning owing to such authority or agency. The Depositary shall forward as promptly as practicable or its agent will remit to the Company appropriate governmental agency in the United States all amounts withheld and oweing to such agency. At the issuer's request, the Depositary will forward to the Custodian or its agent such information from its the Depositary's records as the Company Issuer may reasonably request to enable the Company Depositary, or at the direction of the Depositary, the Custodian, to prepare and execute, and the Issuer or its agent to file file, necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Kabuskiki Kaisha Jyupitaterekomu)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shallshall distribute, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Antisoma PLC)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by applicable law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and after fixing a record date in respect thereof pursuant to Section 4.06, shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Russian Federation all amounts withheld and owning owing to such authority or agency. In the event that the Depositary withholds any such amounts, the Depositary will remit to the appropriate governmental agency in the United States all amounts withheld and owing to such agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (O a O Tatneft)
Cash Distributions. (a) Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Issuer on any Deposited SecuritiesSecurities in a currency other than Dollars, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.06, promptly convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) , if applicable), to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof American Depositary Shares then outstanding. The Company Issuer or its agent or will remit to the appropriate governmental agency in Ireland all amounts withheld by the Issuer and owing to such agency. The Depositary or its agent, as appropriate, shall agents will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Ireland all amounts required to be withheld by the Depositary and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders.
(b) A failure by a Holder to comply with the provisions outlined in Section 3.05 may result in retention by the Issuer of the dividends otherwise payable on the American Depositary Shares held by that Holder and the rights described in this Section 4.01 to receive dividends payable on Deposited Securities underlying such American Depositary Shares.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law)distribution, subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and shall, as promptly as practicable, distribute the amount thus received (net of the applicable fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning owing to such authority or agency. The Depositary shall forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities or agencies, and the Depositary or the Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary Custodian or the Custodian Depositary shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded downward to the nearest whole cent and so distributed to Holders Owners entitled thereto. Owners and Beneficial Owners understand that in converting Foreign Currency, amounts received on conversion are calculated at a rate which exceeds three or four decimal places (the number of decimal places used by the Depositary to report distribution rates). The excess amount may be retained by the Depositary as an additional cost of conversion, irrespective of any other fees and expenses payable or owing hereunder and shall not be subject to escheatment. The Company, upon payment in full (subject to any withholding as set forth above) of a cash distribution to the Custodian or the Depositary, shall be free of any further obligations to any Owner relating to such cash distribution. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts withheld and owning owing by such party to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company or its agents may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agencies.the Company or its agent may (but shall not be obligated to) file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts. Back to Contents
Appears in 1 contract
Samples: Deposit Agreement (New World Development Co LTD /Fi)
Cash Distributions. (a) Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution by the Issuer on any Deposited SecuritiesSecurities in a currency other than Dollars, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.06, promptly convert such dividend or distribution into Dollars and shall, as promptly as practicable, shall distribute the amount thus received (net of the expenses of the Depositary as provided in Section 5.09) , if applicable), to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder a fraction of one cent. Any such fractional amounts , and any balance not so distributable shall be rounded held by the Depositary (without liability for interest thereon) and shall be added to and become part of the nearest whole cent and so distributed next sum received by the Depositary for distribution to Holders entitled theretoof ReceiptsAmerican Depositary Shares then outstanding. The Company Issuer or its agent or will remit to the appropriate governmental agency in Ireland all amounts withheld by the Issuer and owing to such agency. The Depositary or its agent, as appropriate, shall agents will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Ireland all amounts required to be withheld by the Depositary and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
(b) A failure by a Holder to comply with the provisions outlined in Section 3.05 may result in retention by the Issuer of the dividends otherwise payable on the American Depositary Shares held by that Holder and the rights described in this Section 4.01 to receive dividends payable on Deposited Securities underlying such ReceiptsAmerican Depositary Shares.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by applicable law), subject to the provisions of Section 4.05, convert such dividend or distribution into Dollars and after fixing a record date in respect thereof pursuant to Section 4.06, shall, as promptly as practicable, distribute the amount thus received (net of the fees and expenses of the Depositary as provided in Section 5.09) to the Holders Owners entitled thereto, in proportion to the number of ADSs Global Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing Global Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Russian Federation all amounts withheld and owning owing to such authority or agency. In the event that the Depositary withholds any such amounts, the Depositary will remit to the appropriate governmental agency in the United States all amounts withheld and owing to such agency. The Depositary shall will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (O a O Tatneft)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, the Custodian shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary or the Custodian shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), in accordance with applicable law and subject to the provisions of Section 4.05, convert or cause to be converted within one Business Day of receipt of such dividend or distribution into Dollars or the Custodian's receipt of such dividend or other cash distribution, and either the Depositary or the Custodian shall, as promptly as practicable, distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.09) by check drawn on a bank in The City of New York, to the Holders Depositary which shall distribute such amounts to the Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental charges, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Brazil all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Klabin Sa /Fi)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.054.5, convert such dividend or distribution into Dollars and shall, as promptly as practicable, practicable and shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.9 hereof, if applicable) as promptly as practicable to the Holders Owners entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, that in the event that the Company Issuer or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder Owner of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder Owner a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders Owners entitled thereto, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Owners of Receipts then outstanding. The Company Issuer or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction Colombia all amounts withheld and owning owing to such authority or agency. The Depositary shall will forward as promptly as practicable to the Company Issuer or its agent such information from its records as the Company Issuer may reasonably request to enable the Company Issuer or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Issuer or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Owners of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Bancolombia Sa)
Cash Distributions. Whenever the Depositary, Depositary or on its behalf, its agent, shall receive any cash dividend or other cash distribution by the Company on any Deposited Securities, the Depositary shallwill, or shall will cause its agent toagent, as promptly as practicable after its receipt of if such dividend or distribution (unless otherwise prohibited or prevented by law)cash is received in Foreign Currency, subject to the provisions of Section 4.05, to convert such dividend or distribution into Dollars and shalldistribution, as promptly as practicable, into Dollars and shall distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.09) to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them respectively; provided, however, that in the event that the Company or an the Depositary or any agent of the Company, Company or the Depositary or the Custodian shall be required to withhold and does withhold from such cash dividend or such other cash distribution in respect of any Deposited Security an amount on account of taxes or other governmental charges, the amount distributed to the Holder of ADSs the Receipts evidencing American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing attributing to any Holder a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the Republic of Austria all amounts withheld and owning owing to such authority or agency. The Depositary shall or its agent will remit to the appropriate government agency in the United States of America all amounts withheld and owing to such agency. The Depositary will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and the Depositary or agenciesthe Company or its agent may file any such reports necessary to obtain benefits under the applicable tax treaties for the Holders of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Erste Bank Der Oesterriechischen /Fi)
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, shall receive Depositary receives any cash dividend or other cash distribution on any Deposited Securities, the Depositary shall, or shall cause its agent tosubject to Section 4.06, as promptly as practicable after its receipt of such dividend convert or distribution (unless otherwise prohibited or prevented by law), subject cause to the provisions of Section 4.05, convert be converted such dividend or distribution into Dollars and shall, as will distribute promptly as practicable, distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.09Depositary) to the Holders entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided. The Depositary shall distribute only such amount, however, that in as can be distributed without attributing to any Holder a fraction of one Cent, and any balance not so distributable shall be held by the event that Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of Receipts then outstanding. If the Company or an agent of the Company, the Depositary or the Custodian shall be is required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes taxes, duties or other governmental charges, the amount distributed to Holders on the Holder of ADSs American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts shall be rounded to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction all amounts required to be withheld and owning remitted to such authority or agency by the Company. The Depositary or its agent will remit to the appropriate government authority or agency all amounts required to be withheld by the Depositary and remitted to such authority or agency. The In the event that the Company shall offer or cause to be offered to the Holders of the Deposited Securities an option to elect to receive dividends in fully paid Shares instead of cash, the Depositary and the Company shall consult to determine whether it is lawful and feasible to make such option available to the Holders and, if such option is to be made available to Holders, the procedures to be followed; provided, however, that the Depositary may request that an opinion of U.S. and Hong Kong counsel to the Company, as applicable, stating that the making of such option available to Holders is exempt from registration under the provisions of the Securities Act or other applicable law before the Depositary shall forward as promptly as practicable be obligated to the Company or its agent make such information from its records as the Company may reasonably request option available to enable the Company or its agent to file necessary reports with governmental authorities or agenciesHolders.
Appears in 1 contract
Cash Distributions. Whenever the Depositary, or on its behalf, its agent, Depositary shall receive any cash dividend or other cash distribution on by the Company in respect of any Deposited Securities, the Depositary shall, or shall cause its agent to, as promptly as practicable after its receipt of such dividend or distribution (unless otherwise prohibited or prevented by law), subject to the provisions of Section 4.05, promptly convert such dividend or distribution into Dollars U.S. dollars (unless received in U.S. dollars) and shall, as shall distribute promptly as practicable, distribute the amount thus received (net of the expenses fees of the Depositary as provided in Section 5.095.09 hereof, if applicable) to the Holders of Receipts entitled thereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively; provided, however, provided that in the event that if the Company or an agent of the Company, the Depositary or the Custodian shall be required to withhold and does withhold from such any cash dividend or such other cash distribution in respect of any Deposited Securities an amount on account of taxes or other governmental chargestaxes, the amount distributed to the Holder of ADSs Receipts for American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute only such amounts amount, however, as can be distributed without distributing to any Holder a fraction of one cent. Any such fractional amounts shall be rounded down to the nearest whole cent and so distributed to Holders entitled thereto. The Company or its agent or the Depositary or its agent, as appropriate, shall will remit to the appropriate governmental authority or agency in Korea or any other relevant jurisdiction the United Kingdom all amounts (if any) required to be withheld and owning owing to such authority or agencyagency by the Company. The Depositary shall will remit to the appropriate governmental agency in the United Kingdom all amounts required to be withheld and owing to such agency by the Depositary. The Depositary will forward as promptly as practicable to the Company or its agent such information from its records as the Company may reasonably request to enable the Company or its agent to file necessary reports with governmental authorities agencies, and either the Depositary or agenciesthe Company may file any such reports necessary to obtain benefits under the applicable tax treaties for Holders.
Appears in 1 contract
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)