Depositary Procedures. The Company consents, under Section 2.3 and Section 2.14 of the Deposit Agreement, to (i) the deposit by the Company, or by, for, or on behalf of, each Restricted Holder, of up to the number of Shares specified on the applicable Standard Consent and Delivery Instruction (as defined in the Restricted ADS Letter Agreement) delivered to the Depositary to accept the deposit of such Shares (which request shall not be unreasonably denied) (the “Restricted Shares”) and (ii) the issuance and delivery by the Depositary of the corresponding number of Restricted ADSs in respect thereof in the form of Uncertificated ADSs, upon the terms set forth in Section 2.13 of the Deposit Agreement, as supplemented by the Restricted ADS Letter Agreement and this Affiliate and Restricted Securities Series Letter Agreement, to the Restricted Holders or their respective designees. The Restricted ADSs described in the immediately preceding sentence and the Restricted Shares represented thereby are referred to herein as the “Designated Restricted ADSs” and the “Designated Shares”, respectively. In connection with each deposit of Designated Shares (i) by the Company and request for issuance of Designated Restricted ADSs, the Company shall deliver to the Depositary a duly completed and signed Standard Consent and Delivery Instruction – Company (as defined in the Restricted ADS Letter Agreement) substantially in the form of Appendix 1-A to the Restricted ADS Letter Agreement, and (ii) by a Restricted Holder and request for issuance of Designated Restricted ADSs, the Restricted Holder shall be required to deliver to the Depositary a duly completed and signed Standard Consent and Delivery Instruction – Restricted Holder (as defined in the Restricted ADS Letter Agreement) substantially in the form of Appendix 1-B to the Restricted ADS Letter Agreement. In furtherance of the foregoing, the Company instructs the Depositary, and the Depositary agrees, upon the terms and subject to the conditions set forth in Section 2.14 of the Deposit Agreement as supplemented by the Restricted ADS Letter Agreement and this Affiliate and Restricted Securities Series Letter Agreement, to (i) establish procedures to enable (x) the deposit of the Designated Shares with the Custodian by the Company, or by, for, or on behalf of, the Restricted Holders as a valid deposit of Shares under the Deposit Agreement in order to enable the issuance by the Depositary to the Restricted Holders of Designated Restricted ADSs is...
Depositary Procedures. The Company instructs the Depositary, and the Depositary agrees upon the terms and subject to the terms set forth in this letter agreement, to (i) establish procedures to enable (x) the deposit of 4,600,200 Restricted Shares by the Company in anticipation of the Sale of the Sale ADSs in order to enable the issuance by the Depositary of ownership interests in Restricted Shares in the form of Restricted ADSs issued under the terms of Section 2.12 of the Deposit Agreement as supplemented by the terms of this letter agreement, (y) the transfer of the Restricted ADR(s) (and the Restricted ADSs evidenced thereby) and the withdrawal of the Restricted Shares represented by Restricted ADSs, and (z) the exchange of the Restricted ADSs for Sale ADSs upon the terms described below, in each case upon the terms and conditions set forth in the Deposit Agreement (as supplemented by the terms of this letter agreement), and (ii) issue Restricted ADR(s) representing such Restricted ADSs in the name of the Sellers (or their representative(s)) in denominations designated by the Company (not, in the aggregate, exceeding the corresponding number of Restricted Shares on deposit) and to deliver the Restricted ADR(s) so issued to the Sellers or their representative(s), in each case as set forth on Exhibit A hereto.
Depositary Procedures. The Company instructs the Depositary, and the Depositary agrees upon the terms and subject to the terms set forth in this letter agreement, to (i) establish procedures to enable (x) the deposit of Restricted CPOs with the Custodian by the Company in connection with the conversion of Notes in order to enable the issuance by the Depositary of ownership interests in Restricted CPOs in the form of Restricted ADSs (in un-certificated form) issued under the terms of Section 2.12 of the Deposit Agreement, as supplemented by the terms of this letter agreement, and (y) the transfer of the Restricted ADSs and the withdrawal of the Restricted CPOs, in each case upon the terms and conditions set forth in the Deposit Agreement as supplemented by the terms of this letter agreement. The Company and the Depositary agree that, notwithstanding the terms of Section 2.12 of the Deposit Agreement, the Depositary is authorized and directed to issue the Restricted ADSs as Uncertificated ADSs (as defined in the Direct Registration System Letter Agreement, dated October 12, 2007, between the Company and the Depositary), subject to the restrictions specified in this letter agreement.
Depositary Procedures. Subject to compliance with all provisions and procedures set forth in the Deposit Agreement as supplemented by this letter agreement and any Transaction Supplement (as defined below), the Company irrevocably consents, under Section 2.3 of the Deposit Agreement, to (i) the deposit by, or on behalf of, any Depositor (as defined below) of SSA Shares (including, from time to time, SSA Shares from share splits and combinations, stock dividends and similar event, but only to the extent that such securities are underlying the ADSs) with the Depositary at Citibank, N.A. - Hong Kong Branch, as custodian appointed by the Depositary pursuant to the Deposit Agreement (the “DA Custodian”) in connection with the Transactions; and (ii) the issuance and delivery by the Depositary to the order of the relevant Depositor or any security agent, trustee, investor or counterparty, acting pursuant to the terms of a Transaction and identified as such in the relevant Transaction Supplement, as indicated in the corresponding Deposit Certification and Delivery Instruction (as defined below), of the corresponding number of ADSs in respect thereof upon the terms and conditions set forth in the Deposit Agreement as supplemented by the terms of this letter agreement and any Transaction Supplement. In furtherance of the foregoing, the Company instructs the Depositary, and the Depositary agrees, to establish procedures set forth in this letter agreement to enable the deposit of SSA Shares with the DA Custodian by, or on behalf of, any Depositor as valid deposits of Shares under the Deposit Agreement in order to enable the issuance and delivery by the DA Custodian to the order of, or on the behalf of, the relevant Depositor or any security agent, trustee, investor or counterparty, acting pursuant to the terms of a Transaction and identified as such in the relevant Transaction Supplement, as indicated in the corresponding Deposit Certification and Delivery Instruction, of the corresponding number of SSA ADSs in respect thereof upon the terms and conditions set forth in the Deposit Agreement as supplemented by the terms of this letter agreement and any relevant Transaction Supplement. Nothing contained in this letter agreement shall in any way (i) obligate the Depositary, or give authority to the Depositary, to accept any Shares for deposit other than the SSA Shares described herein for deposit under the terms hereof, (ii) obligate any Depositor to deposit, or direct the deposit, of any Shar...
Depositary Procedures. The Company instructs the Depositary, and the Depositary agrees upon the terms and subject to the terms set forth in this Exchange Letter Agreement and the Deposit Agreement, to establish procedures to enable (i) the deposit of Shares with the Custodian by the Company, in connection with the exchange of Notes, in order to enable the issuance by the Depositary of ownership interests in Shares in the form of ADSs or Restricted ADSs, as applicable, and, in the case of Restricted ADSs, in uncertificated form issued under the terms of Section 2.14 of the Deposit Agreement, as supplemented by the terms of this Exchange Letter Agreement, and (ii) the transfer of the ADSs or Restricted ADSs, as applicable, and the withdrawal of the Shares, in each case upon the terms and conditions set forth in the Deposit Agreement, as supplemented by the terms of this Exchange Letter Agreement.
Depositary Procedures. For the avoidance of doubt, for as long as the Notes are in global form, consents may be obtained through applicable procedures of the Depositary.
Depositary Procedures. Citibank, in its capacity as Depositary and GDS Depositary, agrees, upon the instructions of the Company contained herein, to establish all necessary procedures to enable the surrender of Rule 144A GDSs to the GDS Depositary in connection with the Termination in order to enable the issuance by the Depositary of ADSs to the persons surrendering the Rule 144A GDSs upon the terms described herein. In order to effectuate the foregoing, the Company hereby instructs (i) Citibank, in its capacity as Depositary and as GDS Depositary, to distribute on or after February 2, 2001 to participants in DTC who hold Rule 144A GDSs in their DTC accounts, a Notice of Termination of Rule 144A GDR Facility substantially in the form of the draft thereof attached hereto as Exhibit A, (ii) the GDS Depositary (a) to accept Rule 144A GDSs validly surrendered to it for purposes of receiving ADSs until March 30, 2001, and (b) to cancel such Rule 144A GDSs and to deliver the Shares represented by such Rule 144A GDSs into the custodial account established by the Depositary to accept Shares under the terms of the ADR facility established pursuant to the Deposit Agreement, in each case only upon the timely receipt of the applicable duly completed and signed Exchange Certification substantially in the form of the draft thereof attached as Exhibit B (the "Exchange Certification"), and (iii) the Depositary to issue in the name of, and deliver to, the persons who (a) validly surrendered Rule 144A GDSs to the GDS Depositary, and (b) timely delivered to the GDS Depositary the applicable duly completed and signed Exchange Certification, ADSs, that represent the number of Shares transferred on behalf of such persons from the custodial account of the Rule 144A Depositary Receipts Facility to the custodial account containing the Shares accepted for deposit in respect of the ADR Facility under the terms of the Deposit Agreement.
Depositary Procedures. The Company instructs the Depositary, and the Depositary agrees upon the terms and subject to the terms set forth in this Letter Agreement and the Deposit Agreement, to establish procedures to enable (x) the deposit of Shares with the Custodian by the Company, in connection with the exchange of Notes, in order to enable the issuance by the Depositary of ownership interests in Shares in the form of ADSs, and (y) the transfer of the ADSs and the withdrawal of the Shares, in each case upon the terms and conditions set forth in the Deposit Agreement.
Depositary Procedures. Citibank, in its capacity as Depositary and Restricted GDS Depositary, agrees, upon the instructions of the Company contained herein, to establish all necessary procedures to enable the surrender of Restricted GDSs to the Restricted GDS Depositary in connection with the Termination in order to enable the issuance by the Depositary of ADSs to the persons surrendering the Restricted GDSs upon the terms described herein. In order to effectuate the foregoing, the Company hereby instructs (i) the Restricted GDS Depositary to distribute on or after September [__], 2003 to participants in the Depositary Trust Company ("DTC") who hold Restricted GDSs in accounts maintained through the book-entry transfer facilities of DTC (the "DTC Accounts"), a Notice of Termination of Restricted GDR Facility substantially in the form of the draft thereof attached hereto as Exhibit A,
Depositary Procedures. The Depositary shall make the requisite arrangements with the Custodian to accept one or more deposits of Borrow Shares by the Company and to maintain such Borrow Shares at the Custodian in the account in which all Shares underlying ADSs are held on deposit registered in the name of the Custodian (or its nominee) for the benefit of the holders and beneficial owners of the ADSs. The Depositary shall permit the Borrow Shares deposited by the Company to be commingled with Shares underlying ADSs other than Restricted ADSs by the Custodian. The Depositary shall identify the Borrow Shares deposited by the Company as being on deposit under the Deposit Agreement in respect of any ADSs issued and outstanding under the Deposit Agreement and the Borrow Shares deposited by the Company shall for any and all purposes constitute Deposited Securities under the Deposit Agreement.
