Common use of Company is not an Ineligible Issuer Clause in Contracts

Company is not an Ineligible Issuer. (i) At the time of the original filing of the Registration Statement, (ii) at the earliest time after the original filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Notes and (iii) as of the Execution Time (with such date being used as the determination date for purposes of this clause (iii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an ineligible issuer.

Company is not an Ineligible Issuer. (i) At the time of the original filing of the Registration Statement, (ii) at the earliest time after the original filing of the Registration Statement relating to the ADSs that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of under the Notes Securities Act and (iiiii) as of the Execution Time date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (iiiii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an ineligible issuerIneligible Issuer.

Company is not an Ineligible Issuer. (i) At the time of the original filing of the Registration Statement, (ii) at the earliest time after the original filing of the Registration Statement that the Company or another offering participant made when a bona fide offer (within the meaning of as used in Rule 164(h)(2)) of the Notes Securities Act) of the Shares is first made available by the Company or any other offering participant, and (iiiii) as of the Execution Time (with such date being used as the determination date for purposes of this clause (iiiii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 under of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 under of the Securities Act that it is not necessary that the Company be considered an ineligible issuerIneligible Issuer.