Conversion into ADSs. To the extent that the Holder elects to convert this Note (or portion thereof) into ADSs pursuant to Section 7.1 or Section 7.2, the Company shall (i) do and perform, or cause to done and performed, all such acts and things (including to provide any consent or confirmation and to satisfy any other procedural or substantive requirements under that certain deposit agreement dated April 20, 2011 (as amended, the “Deposit Agreement”) among the Company, Citibank, N.A. (as depositary, the “Depositary”) and the holders and beneficial owners of American depositary shares issued thereunder (as amended, restated, supplemented or modified from time to time)), and shall execute and deliver all such other agreements, certificates, instruments and documents, as may be necessary or reasonably requested by the Holder, in order to effect the conversion into ADSs of this Note being converted, and (ii) shall otherwise facilitate and effect (or cause to be effected) the conversion of this Note into ADSs and deliver such ADSs to the Holder in accordance with Section 7.3(a) or Section 7.3(b) (as the case may be) (including the time periods set forth therein). The Company, on the one hand, and the Holder, on the other hand, shall each pay fifty percent (50%) of the fees and expenses incurred as a result of effecting the deposit arrangement referred to in this Section 7.3(c), including ADS issuance fees.
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Samples: Investment Agreement (Blackstone Tactical Opportunities Management Associates (Cayman) - NQ L.P.), Investment Agreement (VNET Group, Inc.)
Conversion into ADSs. To the extent that the Holder any holder of Series A-1 Preferred Shares elects to convert this Note (or portion thereof) its Series A-1 Preferred Shares into ADSs pursuant to Section 7.1 or Section 7.2, the Company shall (i) do and perform, or cause to done and performed, all such acts and things (including to provide any consent or confirmation and to satisfy any other procedural or substantive requirements under that certain deposit agreement dated April 20, 2011 (as amended, the “Deposit Agreement”) among the Company, Citibank, N.A. (as depositary, the “Depositary”) and the holders and beneficial owners of American depositary shares issued thereunder (as amended, restated, supplemented or modified from time to time)), and shall execute and deliver all such other agreements, certificates, instruments and documents, as may be necessary or reasonably requested by the Holdersuch holder, in order to effect the conversion into ADSs of this Note the Series A-1 Preferred Shares being converted, and (ii) shall otherwise facilitate and effect (or cause to be effected) the conversion of this Note such Series A-1 Preferred Shares into ADSs and deliver such ADSs to the Holder such holder in accordance with Section 7.3(a) or Section 7.3(b) (as the case may be) (including the time periods set forth therein). The Company, on the one hand, and the Holderapplicable holder(s) of Series A-1 Preferred Shares that are being converted, on the other hand, shall each pay fifty percent (50%) of the fees and expenses incurred as a result of effecting the deposit arrangement referred to in this Section 7.3(c), including ADS issuance conversion fees.
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Samples: Investment Agreement (Blackstone Tactical Opportunities Management Associates (Cayman) - NQ L.P.), Investment Agreement (VNET Group, Inc.)
Conversion into ADSs. To the extent that the Holder any holder of Series A Preferred Shares elects to convert this Note (or portion thereof) its Series A Preferred Shares into ADSs pursuant to Section 7.1 or Section 7.2, the Company shall (i) do and perform, or cause to done and performed, all such acts and things (including to provide any consent or confirmation and to satisfy any other procedural or substantive requirements under that certain deposit agreement dated April 20, 2011 (as amended, the “Deposit Agreement”) among the Company, Citibank, N.A. (as depositary, the “Depositary”) and the holders and beneficial owners of American depositary shares issued thereunder (as amended, restated, supplemented or modified from time to time)), and shall execute and deliver all such other agreements, certificates, instruments and documents, as may be necessary or reasonably requested by the Holdersuch holder, in order to effect the conversion into ADSs of this Note the Series A Preferred Shares being converted, and (iib) shall otherwise facilitate and effect (or cause to be effected) the conversion of this Note such Series A Preferred Shares into ADSs and deliver such ADSs to the Holder such holder in accordance with Section 7.3(a) or Section 7.3(b) (as the case may be) (including the time periods set forth therein). The Company, on the one hand, and the Holderapplicable holder(s) of Series A Preferred Shares that are being converted, on the other hand, shall each pay fifty percent (50%) of the fees and expenses incurred as a result of effecting the deposit arrangement referred to in this Section 7.3(c), including ADS issuance conversion fees.
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