Deposit of Common Shares. Prior to the Time of Delivery, the Company will deposit or cause to be deposited Common Shares with the Depositary in accordance with the provisions of the Deposit Agreement so that the ADRs evidencing the ADSs to be delivered to the Underwriter at the Time of Delivery are executed, countersigned and issued by the Depositary against receipt of such Common Shares and delivered to the Underwriter at such Time of Delivery.
Deposit of Common Shares. Prior to Closing Date and the Additional Closing Date, the Company will deposit or cause to be deposited Common Shares with the Depositary in accordance with the provisions of the Deposit Agreement so that the ADRs evidencing the ADSs to be delivered to the Underwriter at such Closing Date or Additional Closing Date are executed, countersigned and issued by the Depositary against receipt of such Common Shares and delivered to the Underwriter at such Closing Date or Additional Closing Date.
Deposit of Common Shares. Subject to the terms and conditions hereof, Seller agrees to deposit its Common Shares, together with a completed and executed letter of transmittal, under the Offer as soon as practicable after the mailing thereof and, in any event, within five business days of such mailing.
Deposit of Common Shares. (a) With respect to the transfer or exchange of Common Shares effected pursuant to Section 2.3(b), each Shareholder shall be required to deposit with the Depository, in order to receive the Consideration, a duly completed Letter of Transmittal together with any certificates representing such Common Shares and any such additional documents and instruments as the Depository may reasonably require.
(b) Any Letter of Transmittal, once deposited with the Depository, shall be irrevocable and may not be withdrawn by a Shareholder.
Deposit of Common Shares. Redemption of Debentures shall be provided for by the Corporation depositing with the Trustee or any paying agent to the order of the Trustee, on or before 10:00 a.m. (Toronto time) on the Business Day immediately prior to the Redemption Date specified in such notice, certificates representing such Common Shares as may be sufficient to pay the Redemption Price in respect of the principal amount of the Debentures so called for redemption, plus such sums of money or certificates representing such Common Shares as may be sufficient to pay all accrued and unpaid interest thereon up to but excluding the Redemption Date. The Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, or certificates so deposited, or both, the Trustee shall pay or cause to be paid, or issue or cause to be issued, to the holders of such Debentures so called for redemption, upon surrender of such Debentures, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
Deposit of Common Shares. Prior to Closing Date, the Company will transfer or cause to be transferred Common Shares to the Chilean Placement Agent designated by the Representatives for deposit with the Depositary in accordance with the provisions of the Deposit Agreement so that the ADRs evidencing the ADSs to be delivered to the Underwriter at such Closing Date are executed, countersigned and issued by the Depositary against receipt of such Common Shares and delivered to the Underwriter at such Closing Date.
Deposit of Common Shares. Upon execution of this Agreement the Shareholders shall deposit with the Voting Trustee a certificate or certificates representing those shares of the voting common capital stock of FASI set forth on Schedule A attached to this Agreement and made a part hereof, along with respective stock powers duly executed in blank.
Deposit of Common Shares for the Issuance of ADR's ------------------------------------------------------ Common Shares presented to you as Custodian for deposit as the basis for the issuance of ADR's must be accompanied by sufficient documentation to effect transfer of such shares into the name of the Nominee. Upon receipt of such shares and documentation you agree to satisfy yourselves, by examination, that they are readily transferable although confirmation of this fact by the Transfer Agent is not required prior to your cabling us (in terms of paragraph III, sub-paragraph iii of this document) instructing issuance of the ADR's. Having made such examination, as far as is practicable, no further liability is yours in the event that such documentation proves to be not genuine or subject to title defect. However you agree to use your best efforts to obtain reimbursement for any losses suffered in this respect. The above-mentioned shares must be accompanied by:
(i) A transmittal letter completed and signed by the presentor of Common Shares substantially in the form attached hereto as Exhibit I, even though amended to take due account of local legal requirements, if any.
(ii) Funds for the payment of any cable, telex, telephone or other charges incurred at the depositor's request and not waived by you unless all charges are for New York party in which case such charges are to be advised to ourselves at the time of your request to issue ADR's in order that we may collect same and reimburse you.
(iii) Funds for the payment of any charge made by Transfer Agent to register the ownership of such Common Shares in the name of Nominee, and evidence of payment of Stamp Tax as necessary. You shall not accept Common Shares for deposit from the Company or any person in control of the Company unless you shall have also received an opinion of U.S. counsel (who shall be satisfactory to us) that such deposit and consequent issuance of ADR's is exempt from or in accordance with, applicable U.S. laws and regulations, or have advised us of the full circumstances of such deposit and have received permission or instructions from us to accept such deposit.
Deposit of Common Shares. Prior to the delivery of the Offered Securities on each Closing Date, such Selling Shareholder will deposit, or cause to be deposited on its behalf, Common Shares with the Depositary in accordance with the provisions of the Deposit Agreement and otherwise to comply with the Deposit Agreement so that ADRs evidencing the Offered Securities will be executed (and, if applicable, countersigned) and issued by the Depositary against receipt of such Common Shares and delivered to the Underwriters.
Deposit of Common Shares. 2.1.1 The Shareholder shall deliver to counsel to the Company, Gowling Xxxxxxx Xxxxxxxxx LLP, Suite 0000, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxxxx, X0X 0X0 Attention: Xxxxxx Xxxx: (the “Company’s Counsel”) on or before the Expiry Date:
2.1.1.1 a properly completed and duly signed copy of this Agreement;
2.1.1.2 the original certificates representing the Deposited Shares (the “Certificates”) held by the Shareholder or, if the Certificates are lost, a properly completed and duly signed lost certificate affidavit and indemnity in the form attached hereto as Appendix “B”;
2.1.1.3 a properly completed and duly signed Instrument of Transfer for the Deposited Shares attached hereto as Appendix “C” (the “Instruments of Transfer”); and
2.1.1.4 if the Shareholder is also an Option holder, a properly completed and duly signed copy of the Option Cancellation Notice attached as Appendix “D”; (collectively, the “Documents”).
2.1.2 If this Agreement is signed by a person other than the registered holder of the Deposited Shares, the Shareholder shall deliver the Certificates and Instruments of Transfer endorsed or accompanied by an appropriate security transfer or stock power of attorney duly and properly completed by the registered holder of the Deposited Shares.
2.1.3 The Shareholder acknowledges that the method of delivery of the Documents is at the option and risk of the Shareholder and delivery will be effective only when such Documents are actually received by the Company’s Counsel.
2.1.4 The deposit of the Documents by the Shareholder hereunder is irrevocable and requires acceptance by the Offeror.
2.1.5 The Shareholder acknowledges and agrees that all questions as to the validity, form, eligibility, timely receipt and acceptance of the Documents delivered hereunder will be determined by the Offeror in its sole discretion and that such determination shall be final and binding.
2.1.6 The Offeror may reject any and all of the Documents which it determines not to be in proper form or which may be unlawful to accept under the laws of any jurisdiction.
2.1.7 The Offeror may waive any defect or irregularity in the Documents.
2.1.8 The Offeror shall have no duty or obligation to give notice of any defect or irregularity in any Document and no liability shall be incurred by the Offeror for failure to give any such notice.
