Common use of Delivery of Placement ADSs Clause in Contracts

Delivery of Placement ADSs. On or before each Settlement Date, the Company will cause the Depositary to, electronically transfer the Placement ADSs to be sold by crediting the Agent’s or its designee’s account (provided the Agent shall have given the Company and the Depository written notice of such designee prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) or by such other means of delivery as may be mutually agreed upon by the parties hereto, which in all cases shall be duly authorized, freely tradeable, transferable, registered ADSs in good deliverable form. On each Settlement Date, the Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on or prior to the Settlement Date. The Agent shall be responsible for providing DWAC instructions or other instructions for delivery by other means with regard to the transfer of the Placement ADSs being sold. In addition to and in no way limiting the rights and obligations set forth in Section 9(a) hereto, the Company agrees that if the Company defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Agent and its clearing firm harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and (iii) pay to the Agent (without duplication) any commission, discount or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement ADSs. On or before each Settlement Date, the Company will, or will cause its transfer agent to, issue and register in the name of the Depositary to, electronically transfer the amount of Ordinary Shares to be represented by the Placement ADSs and deliver those Ordinary Shares to be sold the Depositary’s custodian under the Deposit Agreement, and instruct the Depositary to deliver the Placement ADSs issuable in respect of that deposit by crediting the Agent’s or its designee’s account (provided the Agent shall have given the Company and the Depository written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) or by such other means of delivery as may be mutually agreed upon by the parties hereto, hereto which in all cases shall be duly authorized, freely tradeabletradable, transferable, registered ADSs in good deliverable form. On each Settlement Date, the Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on on, or prior to to, the Settlement Date. The Agent shall be responsible for providing DWAC instructions Company agrees that if the Company, its transfer agent (if applicable) or other instructions for delivery by other means with regard the Depositary, defaults in its obligation to the transfer deliver Placement ADSs on a Settlement Date, through no fault of the Placement ADSs being sold. In Agent, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 9(a10(a) hereto, the Company agrees that if the Company defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company it will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Agent and its clearing firm harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or its transfer agent (if applicable) and (iiiii) pay to the Agent (without duplication) any commission, discount discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement ADSs. On or before each Settlement DateDate and against payment of the purchase price for the relevant Placement ADSs, the Company will, or will cause the Depositary or its transfer agent (if applicable) to, electronically transfer the Placement ADSs to be being sold against the prior deposit with the Depositary’s custodian (or its nominee) of the corresponding number of Ordinary Shares necessary for the issuance of the Placement ADSs by crediting the Designated Agent’s or its designee’s account (provided the Designated Agent shall have given the Company and the Depository written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) DTC Direct system or by such other means of delivery as may be mutually agreed upon by the parties hereto, hereto which in all cases shall be duly authorized, freely tradeabletradable, transferable, registered ADSs shares in good deliverable form. On each Settlement Date, the Designated Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on on, or prior to to, the Settlement Date. The Agent shall be responsible for providing DWAC instructions Company agrees that if the Company, or other instructions for delivery by other means with regard its transfer agent (if applicable), or the Depositary, defaults in its obligation to the transfer of the deliver duly authorized Placement ADSs being sold. In on a Settlement Date, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 9(a10(a) hereto, the Company agrees that if the Company defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company it will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Designated Agent and its clearing firm harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or its transfer agent (if applicable) and (iiiii) pay to the Designated Agent (without duplication) any commission, discount discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement ADSs. On or before each Settlement Date, the Company will, or will cause its transfer agent to, issue and register in the name of the Depositary to, electronically transfer the amount of Ordinary Shares to be represented by the Placement ADSs and deliver those Ordinary Shares to be sold the Depositary’s custodian under the Deposit Agreement, and instruct the Depositary to deliver the Placement ADSs issuable in respect of that deposit by crediting the Designated Agent’s or its designee’s account (provided the Designated Agent shall have given the Company and the Depository written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) or by such other means of delivery as may be mutually agreed upon by the parties hereto, hereto which in all cases shall be duly authorized, freely tradeabletradable, transferable, registered ADSs in good deliverable form. On each Settlement Date, the Designated Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on on, or prior to to, the Settlement Date. The Agent shall be responsible for providing DWAC instructions Company agrees that if the Company, its transfer agent (if applicable) or other instructions for delivery by other means with regard the Depositary, defaults in its obligation to the transfer deliver Placement ADSs on a Settlement Date, through no fault of the Placement ADSs being sold. In Designated Agent, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 9(a10(a) hereto, the Company agrees that if the Company defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company it will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Designated Agent and its clearing firm harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or its transfer agent (if applicable) and (iiiii) pay to the Designated Agent (without duplication) any commission, discount discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement ADSs. On or before each Settlement Date, the Company will cause will, (i) instruct its transfer agent to issue and register in the name of the Depositary to, electronically transfer the amount of Ordinary Shares to be represented by the Placement ADSs and deliver those Ordinary Shares to be sold the Depositary’s custodian under the Deposit Agreement and (ii) instruct the Depositary to deliver the Placement ADSs issuable in respect of that deposit by crediting the Designated Agent’s or its designee’s account designees’ accounts (provided the Designated Agent shall have given the Company and the Depository written notice of such designee designees at least one Trading Day prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) or by such other means of delivery as may be mutually agreed upon by the parties hereto, hereto which in all cases shall be duly authorized, freely tradeabletradable, transferable, registered ADSs in good deliverable form. On each Settlement Date, the Designated Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on on, or prior to to, the Settlement Date. The Designated Agent shall will be responsible for providing DWAC instructions or other instructions for delivery by other means with regard to the transfer of the Placement ADSs being to be sold. In The Company agrees that if the Placement ADSs sold are not delivered on a Settlement Date, in addition to and in no way limiting the rights and obligations set forth in Section 9(a10(a) hereto, the Company agrees that if the Company defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company it will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Designated Agent and its clearing firm harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company non-delivery and (iiiii) pay to the Designated Agent (without duplication) any commission, discount discount, or other compensation to which it would otherwise have been entitled absent such defaultnon-delivery.

Delivery of Placement ADSs. On or before each Settlement Date, the Company will, or will cause its share registrar to, issue and register in the name of the Depositary to, electronically transfer the amount of Ordinary Shares to be represented by the Placement ADSs and deliver those Ordinary Shares to be sold the Depositary’s custodian under the Deposit Agreement, and instruct the Depositary to deliver the Placement ADSs issuable in respect of that deposit by crediting the Sales Agent’s or its designee’s account (provided the Sales Agent shall have given the Company and the Depository written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) or by such other means of delivery as may be mutually agreed upon by the parties hereto, hereto which in all cases shall be duly authorized, freely tradeabletradable, transferable, registered ADSs in good deliverable form. On each Settlement Date, the Sales Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on on, or prior to to, the Settlement Date. The Agent shall be responsible for providing DWAC instructions Company agrees that if the Company, or its transfer agent (if applicable), defaults in its obligation to issue and credit duly authorized Placement ADSs on a Settlement Date, or such other instructions for delivery by other means with regard to the transfer time as mutually agreed upon, through no fault of the Placement ADSs being sold. In Sales Agent, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 9(a) (Indemnification and Contribution) hereto, the Company agrees that if the Company defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Sales Agent, its directors, officers, members, partners, employees and agents of the Sales Agent, each broker dealer affiliate of the Sales Agent, and each person, if any, who (A) controls the Sales Agent within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (B) is controlled by or is under common control with the Sales Agent (each, a “Sales Agent Affiliate”), and its the Sales Agent’s clearing firm organization, harmless against any loss, claim, damage, or reasonable and documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or its transfer agent (if applicable) and (iiiii) pay to the Sales Agent (without duplication) any commission, discount discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement ADSs. On or before each Settlement Date, subject to the delivery of the related Net Proceeds by the Agent to the Company, the Company will, or will cause the Depositary to, electronically transfer issue the Placement ADSs to be being sold on such date electronically transfer such Placement ADSs by crediting the Agent’s or its designee’s account (provided the Agent shall have given the Company and the Depository written notice of such designee prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) or by such other means of delivery as may be mutually agreed upon by the parties hereto, which in all cases shall be duly authorized, freely tradeable, transferable, registered ADSs in good deliverable form. On each Settlement DateDate and in any event before the Company instructing the Depositary to issue and deliver the Placement ADSs being sold, the Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on or prior to the Settlement Date. The Agent shall be responsible for providing DWAC instructions or other instructions for delivery by other means with regard to the transfer of the Placement ADSs being sold. In addition to and in no way limiting the rights and obligations set forth in Section 9(a) hereto, the Company agrees that that, following receipt of the Net Proceeds, if the Company or the Depositary, defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Agent and its clearing firm harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or the Depositary and (iii) pay to the Agent (without duplication) any commission, discount or other compensation to which it would otherwise have been entitled absent such default. Certificates for the Placement ADSs, if any, shall be in such denominations and registered in such names as the Agent may request in writing one Business Day (as defined below) before the applicable Settlement Date.

Delivery of Placement ADSs. On or before each Settlement DateDate and against payment of the purchase price for the relevant Placement ADSs, the Company will, or will cause its transfer agent to, issue and deposit with the Depositary to, the amount of Ordinary Shares to be represented by the Placement ADSs and instruct the Depositary to electronically transfer the Placement ADSs to be being sold by crediting the Sales Agent’s or its designee’s account (provided the Sales Agent shall have given the Company and the Depository written notice of such designee prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System (“DWAC”) or by such other means of delivery as may be mutually agreed upon by the parties hereto, hereto which in all cases shall be duly authorized, freely tradeabletradable, transferable, registered ADSs in good deliverable form. On each Settlement Date, the Sales Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on on, or prior to to, the Settlement Date. The Agent shall be responsible for providing DWAC instructions or other instructions for delivery by other means with regard to the transfer of Company agrees that if the Placement ADSs being sold. In are not delivered to the Sales Agent’s account on a Settlement Date, in addition to and in no way limiting the rights and obligations set forth in Section 9(a) (Indemnification and Contribution) hereto, the Company agrees that if the Company defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement ADSs in good deliverable form by 2:30 P.M., New York City time, on a Settlement Date (other than as a result of a failure by the Agent to provide instructions for delivery), the Company will (i) take all necessary action to cause the full amount of any Net Proceeds that were delivered to the Company’s account with respect to such settlement, together with any costs incurred by the Agent and/or its clearing firm in connection with recovering such Net Proceeds, to be immediately returned to the Agent or its clearing firm no later than 5:00 P.M., New York City time, on such Settlement Date, by wire transfer of immediately available funds to an account designated by the Agent or its clearing firm, (ii) indemnify and hold the Sales Agent, its directors, officers, members, partners, employees and agents of the Sales Agent, each broker dealer affiliate of the Sales Agent, and each person, if any, who (A) controls the Sales Agent and its clearing firm within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (B) is controlled by or is under common control with the Sales Agent (each, a “Sales Agent Affiliate”), harmless against any loss, claim, damage, or reasonable and documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company non-delivery and (iiiii) pay to the Sales Agent (without duplication) any commission, discount discount, or other compensation to which it would otherwise have been entitled absent such defaultnon-delivery.