Common use of Deposit of New Shares and Issuance of New ADSs Clause in Contracts

Deposit of New Shares and Issuance of New ADSs. a. The Company shall, as soon as practicable after the issuance of the Shares represented by the New ADSs subscribed for pursuant to the ADS Offer, cause to be deposited such Shares in an account maintained by the Custodian in the name of the Depositary or its designated nominee. b. The Depositary shall as soon as practicable after the Company shall cause New Shares to be so deposited pursuant to paragraph (a) of this Section 12, issue, in accordance with the terms of the Deposit Agreement, New ADSs subscribed for pursuant to the ADS Offer and, subject to Section 11(c) hereof, (i) in the case of ADS Rights exercised through DTC, make delivery thereof to the applicable DTC participants, and (ii) in the case of ADS Rights exercised by registered holders of ADS Rights Certificates, mail to each subscriber, in the manner specified by such subscriber, an ADR representing the number of New ADSs for which such subscriber has subscribed. Each ADR will be registered in the name specified by the subscriber on its surrendered ADS Rights Certificate. c. Any ADR requested to be mailed by the subscriber therefor will be mailed by the Agent by first class mail, in each case under its blanket surety bond and within the limits thereof, protecting the Agent and the Company from any loss or liability arising out of nonreceipt or nondelivery of any such ADR or the replacement thereof.

Appears in 1 contract

Samples: Rights Agency Agreement (KB Financial Group Inc.)

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Deposit of New Shares and Issuance of New ADSs. a. The Company shall, as soon as practicable after the issuance registration of the New Shares represented by underlying the New ADSs subscribed for pursuant to the ADS Offer, cause to be deposited delivered such New Shares by credit in an a book-entry account maintained by the Custodian in the name of the Depositary or its designated nomineenominee with a financial intermediary registered in the Central de Valores Mobiliários. b. The Depositary shall as soon as practicable after the day on which the Company shall cause New Shares to be so deposited delivered to the Custodian by credit to its book-entry account pursuant to paragraph (a) of this Section 12[8], and following the admission of the New Shares underlying the New ADSs to listing and trading on Euronext Lisbon, thus becoming fully fungible and ranking pari passu with the existing Shares, issue, in accordance with the terms of the Deposit Agreement, New ADSs subscribed for pursuant to the ADS Offer and, subject to Section 11(c) hereof, and (i) in the case of ADS Rights exercised through DTC, make delivery thereof to the applicable DTC participants, and (ii) in the case of ADS Rights exercised by registered holders of ADS Rights Certificates, mail to each subscriber, in the manner specified by such subscriber, an ADR representing the number of New ADSs for which such subscriber has subscribed. Each ADR will be registered in the name specified by the subscriber on its surrendered ADS Rights Certificate. c. Any ADR requested to be mailed by the subscriber therefor will be mailed by the Agent by first class mail, in each case under its blanket surety bond and within the limits thereof, protecting the Agent and the Company from any loss or liability arising out of nonreceipt or nondelivery of any such ADR or the replacement thereof.

Appears in 1 contract

Samples: Rights Agency Agreement (Edp Energias De Portugal Sa)

Deposit of New Shares and Issuance of New ADSs. a. The Company shall, as soon as practicable after the issuance of the New Shares represented by the New ADSs subscribed and paid for pursuant to the ADS OfferRights Offers, cause to be deposited such New Shares in an account maintained by the Custodian in the name of the Depositary or its designated nominee. b. The Depositary shall as soon as practicable after the Company shall cause New Shares to be so deposited pursuant to paragraph (a) of this Section 1211, issue, in accordance with the terms of the Deposit Agreement, New ADSs subscribed and paid for pursuant to the ADS Offer Rights Offers and, subject to Section 11(c) hereof, : (i) in the case of ADS Rights exercised through DTC, make delivery thereof to the applicable DTC participants, and (ii) in the case of ADS Rights exercised by registered holders of ADS Rights CertificatesHolders, mail to each subscribersubscribing ADS Rights Holder, in the manner specified by such subscribersubscribing ADS Rights Holder, an ADR account statement (or if requested, an American Depositary Receipt (an “ADR”)) representing the number of New ADSs for which such subscriber subscribing ADS Rights Holder has subscribed. Each ADR will be registered in the name specified by the subscriber subscribing ADS Rights Holder on its surrendered respective ADS Rights Certificate. c. Any ADR requested to be mailed by the subscriber subscribing ADS Rights Holder therefor will be mailed by the ADS Rights Agent by first class mail, in each case under its blanket surety bond and within the limits thereof, protecting the ADS Rights Agent and the Company from any loss or liability arising out of nonreceipt or nondelivery of any such ADR or the replacement thereof.

Appears in 1 contract

Samples: Rights Agency Agreement (Enel Americas S.A.)

Deposit of New Shares and Issuance of New ADSs. a. The Company shall, as soon as practicable after the issuance registration of the Shares represented by the New ADSs subscribed for pursuant to the ADS Offer, cause to be deposited such Shares in an account maintained by the Custodian in the name of the Depositary or its designated nominee. b. The Depositary shall as soon as practicable after the day on which the Company shall cause New Shares to be so deposited pursuant to paragraph (a) of this Section 12, issue, in accordance with the terms of the Deposit Agreement, New ADSs subscribed for pursuant to the ADS Offer and, subject to Section 11(c) hereof, and (i) in the case of ADS Rights exercised through DTC, make delivery thereof to the applicable DTC participants, and (ii) in the case of ADS Rights exercised by registered holders of ADS Rights Certificates, mail to each subscriber, in the manner specified by such subscriber, an ADR representing the number of New ADSs for which such subscriber has subscribed. Each ADR will be registered in the name specified by the subscriber on its surrendered ADS Rights Certificate. c. Any ADR requested to be mailed by the subscriber therefor will be mailed by the Agent by first class mail, in each case under its blanket surety bond and within the limits thereof, protecting the Agent and the Company from any loss or liability arising out of nonreceipt or nondelivery of any such ADR or the replacement thereof.

Appears in 1 contract

Samples: Rights Agency Agreement (Chartered Semiconductor Manufacturing LTD)

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Deposit of New Shares and Issuance of New ADSs. a. The Company shall, as soon as practicable after the issuance of the Shares represented by the New ADSs subscribed for pursuant to the ADS Offer, cause to be deposited such Shares in an account maintained by the Custodian in the name of the Depositary or its designated nominee. b. The Depositary shall as soon as practicable after the day on which the Company shall cause New Shares to be so deposited pursuant to paragraph (a) of this Section 12, issue, in accordance with the terms of the Deposit Agreement, New ADSs subscribed for pursuant to the ADS Offer and, subject to Section 11(c) hereof, and (i) in the case of ADS Rights exercised through DTC, make delivery thereof to the applicable DTC participants, and (ii) in the case of ADS Rights exercised by registered holders of ADS Rights Certificates, mail to each subscriber, in the manner specified by such subscriber, an ADR representing the number of New ADSs for which such subscriber has subscribed. Each ADR will be registered in the name specified by the subscriber on its surrendered ADS Rights Certificate. c. Any ADR requested to be mailed by the subscriber therefor will be mailed by the Agent by first class mail, in each case under its blanket surety bond and within the limits thereof, protecting the Agent and the Company from any loss or liability arising out of nonreceipt or nondelivery of any such ADR or the replacement thereof.

Appears in 1 contract

Samples: Rights Agency Agreement (Chartered Semiconductor Manufacturing LTD)

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