Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 34 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)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 21 contracts
Samples: Deposit Agreement (Immuron LTD), Deposit Agreement (Immuron LTD), Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company Issuer or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu or replacement of or otherwise in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive represent the new Deposited Securities so receivedreceived in exchange or conversion or replacement or otherwise, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, with the Issuer's approval and shall if the Company Issuer shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon Upon the occurrence of any such split-up, consolidation charge or any other reclassification event covered by this Section 4.08 in 4.8 with respect to the Deposited Securities that affects holdings of Deposited SecuritiesAmerican Depositary Shares, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.all Owners
Appears in 8 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Naspers LTD/Adr), Deposit Agreement (Naspers LTD/Adr)
Changes Affecting Deposited Securities. Upon any split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 7.05 of the Deposit Agreement.
Appears in 8 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)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement7.05.
Appears in 7 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)
Changes Affecting Deposited Securities. Upon any split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 6 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)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 5 contracts
Samples: Deposit Agreement (CMA Corp LTD), Deposit Agreement (Industrea LTD), Deposit Agreement (Meo Australia LTD)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 5 contracts
Samples: Deposit Agreement (CMA Corp LTD), Deposit Agreement (Industrea LTD), Deposit Agreement (Meo Australia LTD)
Changes Affecting Deposited Securities. Upon any split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 7.05 of the Deposit Agreement.
Appears in 4 contracts
Samples: Deposit Agreement (Benitec Biopharma LTD/ADR), Deposit Agreement (Sundance Energy Australia LTD), Deposit Agreement (Sundance Energy Australia LTD)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Company, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofall Holders, at the Company's expense, to Owners ’s expense (unless otherwise agreed in accordance with Section 5.06 of writing by the Deposit AgreementCompany and the Depositary).
Appears in 4 contracts
Samples: Deposit Agreement (Andina Bottling Co Inc), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall ADSs shall, subject to the terms of this Deposit Agreement and applicable laws and regulations (including any registration requirement under the Securities Act of 1933), thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts ADSs are issued and delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute issue and deliver additional Receipts ADSs as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Holders.
Appears in 4 contracts
Samples: Third Amended and Restated Deposit Agreement (Kookmin Bank), Deposit Agreement (KB Financial Group Inc.), Second Amended and Restated Deposit Agreement (Kookmin Bank)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, in its reasonable discretion, after consultation with the Company, and shall will, if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately Promptly upon receipt of notice from the Company pursuant to Section 5.6 of the Deposit Agreement of the occurrence of any such split-up, consolidation or any other reclassification covered by of the events referred to in the first sentence of this Section 4.08 in respect of Deposited SecuritiesArticle 17, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to will give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ao Surgutneftegas /Fi), Deposit Agreement (Ao Surgutneftegas /Fi)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, subject to the Deposit Agreement and all applicable laws in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if at the Company shall so reasonably Company’s request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion, exchange or any other reclassification event covered by this Section 4.08 of the Deposit Agreement in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 3 contracts
Samples: Deposit Agreement, Deposit Agreement, Deposit Agreement
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which securities that shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive also represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Company's approval, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and and, if such change affects Owners' holdings of American Depositary Shares, as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 3 contracts
Samples: Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which securities that shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive also represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Company's approval, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 of the Deposit Agreement in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and and, if such change affects Owners' holdings of American Depositary Shares, as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 3 contracts
Samples: Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 3 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)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, in its reasonable discretion, after consultation with the Company, and shall shall, if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately Promptly upon receipt of notice from the Company pursuant to Section 5.6 of the occurrence of any such split-up, consolidation or any other reclassification covered by of the events referred to in the first sentence of this Section 4.08 in respect of Deposited SecuritiesSection, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ao Surgutneftegas /Fi), Deposit Agreement (Ao Surgutneftegas /Fi)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreement7.05.
Appears in 3 contracts
Samples: Deposit Agreement (Benitec Biopharma LTD/ADR), Deposit Agreement (Sundance Energy Australia LTD), Deposit Agreement (Sundance Energy Australia LTD)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, shall if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 3 contracts
Samples: Deposit Agreement (Multiemedia LTD), Deposit Agreement (Antisense Therapeutics Limited/Fi), Deposit Agreement (Regenera LTD)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal or par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Company's approval, and shall will if the Company shall so reasonably requestrequests, execute and deliver additional Receipts as in the case of a dividend distribution in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and and, as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof to all Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 3 contracts
Samples: Deposit Agreement (France Telecom /), Deposit Agreement (France Telecom /), Deposit Agreement (France Telecom /)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the this Deposit Agreement.
Appears in 3 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)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon If the occurrence of Depositary determines that any such split-upadjustment, consolidation delivery or any other reclassification covered by this Section 4.08 in respect of Deposited Securitiesexchange is not lawful or practicable, the Depositary may, and shall, if the Company shall notify so requests, sell such securities or property at public or private sale and distribute the Depositary net proceeds to the Owners entitled thereto as in writing the case of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary a distribution pursuant to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement4.01 hereof.
Appears in 3 contracts
Samples: Deposit Agreement (Buenaventura Mining Co Inc), Deposit Agreement (Buenaventura Mining Co Inc), Deposit Agreement (Buenaventura Mining Co Inc)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 3 contracts
Samples: American Depositary Receipt (Genetic Technologies LTD), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Metal Storm LTD /Adr/)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any split-change in nominal value, change in par value, split up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 3 contracts
Samples: Deposit Agreement (Multiemedia LTD), Deposit Agreement (Antisense Therapeutics Limited/Fi), Deposit Agreement (Regenera LTD)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay and shall, and shall if the Company shall so reasonably requestrequests in writing, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 3 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)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts American Depositary Shares are delivered pursuant to the following sentence. In any such case the Depositary may, and shall shall, if the Company shall so reasonably requestrequests in writing, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 3 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)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Securities Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 3 contracts
Samples: Deposit Agreement (Redflex Holdings LTD), Deposit Agreement (Gradipore LTD), Deposit Agreement (Australian Cancer Technology LTD)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.2 do not apply, upon any change in nominal value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company Issuer or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to entitle the existing Deposited Securities, the right Owners thereof to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Issuer's approval, and shall if the Company Issuer shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company Issuer shall notify the Depositary in writing of such occurrence and and, as soon as practicable after receipt of such notice from the CompanyIssuer, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof in writing to all Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Flamel Technologies Sa)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Deposit Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in on the Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. In the event that any such securities received by the Depositary or any Custodian may not be treated as Deposited Securities represented by the American Depositary Shares, the Depositary will have discretion, after consultation with the Company, as to the disposition of such securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 of the Deposit Agreement in respect of Deposited Securities, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofthereof in writing, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 2 contracts
Samples: Deposit Agreement (Lihir Gold LTD), Deposit Agreement (Lihir Gold LTD)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, in its reasonable discretion, after consultation with the Company to the extent practicable, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately Promptly upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary Company pursuant to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit AgreementAgreement of the occurrence of any of the events referred to in the first sentence of this Article 17, the Depositary will give notice thereof to all Owners.
Appears in 2 contracts
Samples: Deposit Agreement (Ojsc Volga Telecom/Fi), Deposit Agreement (Open Joint Stock Co Nizhegorodsvyazinform/Adr)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, shall if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit AgreementOwners.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Metal Storm LTD /Adr/)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts American Depositary Shares are delivered pursuant to the following sentence. In any such case the Depositary may, and shall shall, if the Company shall so reasonably requestrequests in writing, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to the Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Norse Energy Corp. ASA), Deposit Agreement (Andes Energia PLC)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Westralian Gas & Power LTD), Deposit Agreement (Commonwealth Bank of Australia)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall shall, if the Company shall so reasonably requestrequests in writing, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's ’s expense, to the Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Norse Energy Corp. ASA), Deposit Agreement (Andes Energia PLC)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, represent or additionally represent the right to receive the new Deposited Securities so receivedreceived in exchange, conversion or otherwise, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Company, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 of the Deposit Agreement in respect of Deposited Securities, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofthereof to all Holders, at the Company's expense, to Owners expense (unless otherwise agreed in accordance with Section 5.06 of writing by the Deposit AgreementCompany and the Depositary).
Appears in 2 contracts
Samples: Deposit Agreement (Quilmes Industrial Quinsa Societe Anonyme), Deposit Agreement (Quilmes Industrial Quinsa Societe Anonyme)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 2 contracts
Samples: Deposit Agreement (Norwood Abbey LTD), Deposit Agreement (Chemgenex Pharmaceuticals LTD)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, after consultation with the Company, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Company, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 of the Deposit Agreement in respect of Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofall Owners, at the Company's expense, to Owners in accordance with Section 5.06 of expense (unless otherwise agreed by the Deposit AgreementCompany and the Depositary).
Appears in 2 contracts
Samples: Deposit Agreement (Syngenta Ag), Deposit Agreement (Syngenta Ag)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, subject to the Deposit Agreement and all applicable laws in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if at the Company shall so reasonably Company's request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion, exchange or any other reclassification event covered by this Section 4.08 of the Deposit Agreement in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Netease Com Inc)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange, conversion or otherwise, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, with the Company’s approval, and shall shall, if the Company shall so reasonably requestrequests in writing, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Company, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of Deposited Securities, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofthereof to all Owners, at the Company's expense, to Owners ’s expense (unless otherwise agreed in accordance with Section 5.06 of writing by the Deposit AgreementCompany and the Depositary).
Appears in 2 contracts
Samples: Deposit Agreement (Roche Holding LTD), Deposit Agreement (Roche Holding LTD)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in H Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon As promptly as practicable after the receipt of written notice from the Company of the occurrence of any such split-upchange, consolidation conversion or any other reclassification covered exchange contemplated by this Section 4.08 in respect of Deposited Securities4.08, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at in writing, to all Owners if so requested by the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Huaneng Power International Inc), Deposit Agreement (Huaneng Power International Inc)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company Issuer or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company Issuer shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. In the event that any such securities received by the Depositary or any Custodian may not be treated as Deposited Securities represented by the American Depositary Shares, the Depositary will have discretion, after consultation with the Issuer, as to the disposition of such securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 in respect of Deposited Securities, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofthereof in writing, at the CompanyIssuer's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 2 contracts
Samples: Deposit Agreement (Lihir Gold LTD), Deposit Agreement (Lihir Gold LTD)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall shall, if the Company shall so reasonably requestrequests, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Company, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofall Holders , at the Company's expense, to Owners ’s expense (unless otherwise agreed in accordance with Section 5.06 of writing by the Deposit AgreementCompany and the Depositary).
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company Issuer or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to entitle the existing Deposited Securities, the right Owner thereof to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Issuer's approval, and shall if the Company Issuer shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company Issuer shall notify the Depositary in writing of such occurrence and and, as soon as practicable after receipt of such notice from the CompanyIssuer, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof in writing to all Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 2 contracts
Samples: Deposit Agreement (Business Objects Sa), Deposit Agreement (Business Objects Sa)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any split-change in nominal value, change in par value, split up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon any securities which shall, subject to the redemption or cancellation by the Company terms of the Deposited SecuritiesDeposit Agreement and applicable laws and regulations (including any registration requirement under the Securities Act of 1933), any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 of the Deposit Agreement in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing to all Owners of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 2 contracts
Samples: Deposit Agreement (Korea Electric Power Corp), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth representshall, in addition subject to the existing Deposited Securitiesterms of this Deposit Agreement and applicable laws and regulations (including any registration requirement under the Securities Act of 1933), the right to receive thenceforth represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing to all Holders of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 1 contract
Samples: Deposit Agreement (Posco)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, cancellation or any other reclassification reclassification of Deposited Securities, or upon any recapitalization, reorganizationreorganization, scheme of arrangement, merger or consolidation or sale of assets affecting affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Deposit Agreement, and American Depositary Shares shall thenceforth representthenceforth represent in addition, in addition as the case may be, to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant delivered pursuant to the following sentencesentence and provided that upon any combination or consolidation of the Deposited Securities, the aggregate amount of American Depositary Shares representing the aggregate amount of Deposited Securities shall be reduced to the extent required in the reasonable judgment of the Company after consultation with the Depositary to maintain the then existing ratio of American Depositary Shares to ADSs. In any such case the Depositary maymay with the Company's approval, and shall if the Company shall so reasonably request, execute execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding outstanding Receipts to be exchanged for new Receipts specifically describing describing such new Deposited Securities. Immediately upon the occurrence of , and negotiate in good faith to agree any such split-up, consolidation or any other reclassification covered by necessary amendment to this Deposit Agreement to give effect to this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement4.8.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, after consultation with the Company, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Company, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 of the Deposit Agreement in respect of Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofall Owners, at the Company's expense, to Owners in accordance with Section 5.06 of ’s expense (unless otherwise agreed by the Deposit AgreementCompany and the Depositary).
Appears in 1 contract
Samples: Deposit Agreement (Syngenta Ag)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice and a written instruction from the Company, may instruct the Depositary to shall give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 1 contract
Samples: Deposit Agreement (Cue Energy Resources Limited/Fi)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company Issuer or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, after consultation with the Issuer, and shall if the Company Issuer shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Issuer, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 in respect of Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofall Owners, at the Company's expense, to Owners in accordance with Section 5.06 of Issuer’s expense (unless otherwise agreed by the Deposit AgreementIssuer and the Depositary).
Appears in 1 contract
Samples: Deposit Agreement (Syngenta Ag)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities Property under this Deposit Agreement, and American Depositary Shares shall thenceforth representADSs shall, in addition subject to the existing Deposited Securitiesterms of this Deposit Agreement and applicable laws and regulations (including any registration requirement under the Securities Act of 1933), the right to receive thenceforth represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts ADSs are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts ADSs as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts ADSs to be exchanged for new Receipts ADSs specifically describing such new Deposited Securities. Immediately As soon as practicable upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 of the Deposit Agreement in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing to all Owners of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit AgreementADSs.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth representshall, in addition subject to the existing Deposited Securitiesterms of this Deposit Agreement and applicable laws and regulations (including any registration requirement under the Securities Act of 1933), the right to receive thenceforth represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing to all Owners of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive if any, the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately As promptly as practicable upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 of the Deposit Agreement in respect of the Deposited Securities, the Company shall notify Depositary, at the Depositary in writing request and expense of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereofthereof in writing, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, after consultation with the Company, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately If requested in writing by the Company, upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 of the Deposit Agreement in respect of Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereofall Owners, at the Company's expense, to Owners in accordance with Section 5.06 of Companys expense (unless otherwise agreed by the Deposit AgreementCompany and the Depositary).
Appears in 1 contract
Samples: Deposit Agreement (Syngenta Ag)
Changes Affecting Deposited Securities. Upon any change in nominal value, split-up, consolidation consolidation, cancellation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which securities that shall be received by the Depositary or a Custodian in exchange for, or in conversion conversion, replacement, or otherwise in respect of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this Deposit Agreement, and the Receipts shall thenceforth evidence American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, representing the right to receive the new Deposited Securities including the securities so received, unless received to the extent additional Receipts are not delivered pursuant to the following sentence. In any such case the Depositary maymay with the Company’s approval, and shall if the Company shall so reasonably request, subject to this Deposit Agreement, execute and deliver additional Receipts as in the case of a dividend in of Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new newly received Deposited Securities. Immediately Promptly upon receipt of notice from the Company pursuant to Section 5.06 of the occurrence of any such split-up, consolidation or any other reclassification covered by of the events referred to in the first sentence of this Section 4.08 in respect of Deposited SecuritiesSection, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Holders.
Appears in 1 contract
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
Changes Affecting Deposited Securities. Upon any split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 4.8 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 5.6 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation merger, consolidation, liquidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation any (i) cash which shall be received by the Company Depositary or the Custodian in exchange for or in conversion of the or in respect of Deposited Securities, any securitiesshall be distributed in accordance with the procedures of Section 4.01, cash and (ii) Shares or property other securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the such new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentencesentence and such cash, as described in clause (i) until distributed in accordance with Section 4.
01. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of Upon any such split-upchange, consolidation conversion, or any other reclassification exchange covered by this Section 4.08 section in respect of the Deposited Securities, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at thereof to all Owners of Receipts within 30 days following the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementapplicable event.
Appears in 1 contract
Samples: Deposit Agreement (Vivendi)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which securities that shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive also represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Companys approval, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 of the Deposit Agreement in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and and, if such change affects Owners holdings of American Depositary Shares, as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners. 18.
Appears in 1 contract
Samples: Deposit Agreement (Genesys Sa)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice and a written instruction from the Company, may instruct the Depositary to shall give notice thereof, at the Company's Companys expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 1 contract
Samples: Deposit Agreement (Cue Energy Resources Limited/Fi)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Article 12 do not apply, upon any change in nominal value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive if any, the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 Article 17 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon any change in nominal or par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts American Depositary Shares are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts American Depositary Shares are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon As soon as practicable after the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited SecuritiesSecurities that affects holdings of American Depositary Shares, the Company Depositary shall notify the Depositary give notice thereof in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal or par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, represent in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts American Depositary Shares are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Company's approval, and shall will if the Company shall so reasonably requestrequests, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend distribution in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 paragraph (17) in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and and, as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, in its reasonable discretion, after consultation with the Company to the extent practicable, and shall will, if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately Promptly upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary Company pursuant to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit AgreementAgreement of the occurrence of any of the events referred to in the first sentence of this Article 17, the Depositary will give notice thereof to all Owners.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation merger, consolidation, liquidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation any (i) cash which shall be received by the Company Depositary or the Custodian in exchange for or in conversion of the or in respect of Deposited Securities, any securitiesshall be distributed in accordance with the procedures of Section 4.01, cash and (ii) Shares or property other securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the such new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentencesentence and such cash, as described in clause (i) until distributed in accordance with Section 4.01. In any such case the Depositary may, and shall if the Company shall so reasonably request, may execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of Upon any such split-upchange, consolidation conversion, or any other reclassification exchange covered by this Section 4.08 section in respect of the Deposited Securities, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at thereof to all Owners of Receipts within 30 days following the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreementapplicable event.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to entitle the existing Deposited Securities, the right Owner thereof to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Company's approval, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 4.8 of the Deposit Agreement in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and and, as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof in writing to all Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 1 contract
Samples: Deposit Agreement (Activcard Sa)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in ratio value, split-up, consolidation consolidation, cancellation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, represent the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, with the Company's approval, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon Upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and shall, as soon promptly as practicable after receipt of such notice from the Companypracticable, may instruct the Depositary to give notice thereof, at the Company's expense, in writing to all Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 1 contract
Samples: Deposit Agreement (Husqvarna Ab)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive if any, the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, shall if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification reclassification, or conversion or exchange, covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice and a written instruction from the Company, may instruct the Depositary to shall give notice thereof, at the Company's ’s expense, to Owners in accordance with Section 5.06 of the Deposit AgreementOwners.
Appears in 1 contract
Samples: Deposit Agreement (Cue Energy Resources Limited/Fi)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.3 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company Issuer or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to entitle the existing Deposited Securities, the right Owner thereof to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Issuer's approval, and shall if the Company Issuer shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 Article in respect of the Deposited Securities, the Company Issuer shall notify the Depositary in writing of such occurrence and and, as soon as practicable after receipt of such notice from the CompanyIssuer, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof in writing to all Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 1 contract
Changes Affecting Deposited Securities. Upon any change in nominal or par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, Securities shall, if permitted by applicable law, be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such change in nominal or par value, split-up, consolidation or any other reclassification covered by this Article 17 and Section 4.08 of the Deposit Agreement in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts American Depositary Shares are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and may deliver additional Receipts American Depositary Shares as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit Agreement. Any such reports and communications, including any such proxy soliciting materials, furnished to the Depositary by the Company shall be furnished in English, to the extent such materials are required to be translated into English pursuant to any regulations of the Commission.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon any split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-up, consolidation or any other reclassification covered by this Section 4.08 4.8 in respect of Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 5.6 of the Deposit Agreement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Changes Affecting Deposited Securities. Upon In the circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal or par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, represent in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts ReceiptsAmerican Depositary Shares are delivered pursuant to the following sentence. In any such case the Depositary maymay with the Company's approval, and shall if the Company shall so reasonably request, execute and deliver additional Receipts ReceiptsAmerican Depositary Shares as in the case of a dividend distribution in Shares, pursuant to the procedures set forth in Section 4.03, or call for the surrender of outstanding Receipts to be exchanged for new Receipts pursuant to the procedures set forth in Section 2.04, specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 in respect of the Deposited Securities, the Company shall notify the Depositary in writing of such occurrence and and, as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to shall give notice thereof, at the Company's expense, thereof to all Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 1 contract
Samples: Deposit Agreement (Edap TMS Sa)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 of the Deposit Agreement do not apply, upon any change in nominal value, change in par value, split-up, consolidation consolidation, or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation consolidation, or sale of assets affecting the Company or to which it is a party, or upon any securities which shall, subject to the redemption or cancellation by the Company terms of the Deposited SecuritiesDeposit Agreement and applicable laws and regulations (including any registration requirement under the Securities Act of 1933), any securities, cash or property which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, Securities shall be treated as new Deposited Securities under this the Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive represent the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately upon the occurrence of any such split-upchange, consolidation conversion or any other reclassification exchange covered by this Section 4.08 of the Deposit Agreement in respect of the Deposited Securities, the Company Depositary shall notify the Depositary give notice thereof in writing to all Holders of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, to Owners in accordance with Section 5.06 of the Deposit AgreementReceipts.
Appears in 1 contract
Samples: Deposit Agreement (Posco)
Changes Affecting Deposited Securities. Upon In circumstances where the provisions of Section 4.03 do not apply, upon any change in nominal value, change in par value, split-up, consolidation or any other reclassification of Deposited Securities, or upon any recapitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, or upon the redemption or cancellation by the Company of the Deposited Securities, any securities, cash or property securities which shall be received by the Depositary or a Custodian in exchange for, for or in conversion of, in lieu of or in respect of Deposited Securities, shall, if permitted by applicable law, shall be treated as new Deposited Securities under this Deposit Agreement, and American Depositary Shares shall thenceforth represent, in addition to the existing Deposited Securities, Securities the right to receive the new Deposited Securities so receivedreceived in exchange or conversion, unless additional Receipts are delivered pursuant to the following sentence. In any such case the Depositary may, in its reasonable discretion, after consultation with the Company to the extent practicable, and shall if the Company shall so reasonably request, execute and deliver additional Receipts as in the case of a dividend in Shares, or call for the surrender of outstanding Receipts to be exchanged for new Receipts specifically describing such new Deposited Securities. Immediately Promptly upon receipt of notice from the Company pursuant to Section 5.6 of the occurrence of any such split-up, consolidation or any other reclassification covered by of the events referred to in the first sentence of this Section 4.08 in respect of Deposited SecuritiesSection, the Company Depositary shall notify the Depositary in writing of such occurrence and as soon as practicable after receipt of such notice from the Company, may instruct the Depositary to give notice thereof, at the Company's expense, thereof to Owners in accordance with Section 5.06 of the Deposit Agreementall Owners.
Appears in 1 contract
Samples: Deposit Agreement (Open Joint Stock Co Nizhegorodsvyazinform/Adr)