Common use of Disclosure of Beneficial Ownership Clause in Contracts

Disclosure of Beneficial Ownership. The Company may from time to time request Owners to pro- vide information (a) as to the capacity in which such Owners own or owned American Depositary Shares, (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company or the Depositary pursuant to this Section. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any such requests to the Owners and to forward to the Company any responses to such requests received by the Depositary. Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of Interests) Ordinance (the Ordinance) and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests in Shares. For the purposes of this Article, the term interest shall have the meaning ascribed thereto in the Ordinance. Under the Ordinance, an Owner may have a duty to notify the Company if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSs) equals or exceed 10% or more of the issued share capital of the Company. Such Owner may be required to further notify the Company of certain changes in such Owners interest in the Shares, or if such Owner ceases to have an interest in 10% or more of the issued share capital of the Company. Under the Ordinance, the Company has certain rights and duties to make inquiries to persons whom the Company knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSs) concerning such persons interest in the Shares. In the event that any person with whom the Company has made such inquires fails to respond thereto, or provides false information in response thereto, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall use reasonable efforts to assist the Company in obtaining such information with respect to ADSs, provided that, except as otherwise provided in this Deposit Agreement, nothing herein shall be interpreted as obli- gating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners or otherwise in the possession of the Depositary.

Appears in 1 contract

Samples: Deposit Agreement (Chevalier Itech Holdings LTD/Fi)

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Disclosure of Beneficial Ownership. The Company To the extent that provisions of or governing the Shares may from time to time request Owners to pro- vide information (a) as require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the capacity in which Company and may provide for blocking transfer and voting or other rights to enforce such Owners own disclosure or owned American Depositary Shareslimit such ownership, (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company or the Depositary pursuant to this Section. The Depositary agrees to shall use its reasonable efforts to comply with written Company instructions received from the Company requesting that the Depositary forward as to Receipts in respect of any such requests to the enforcement or limitation and Owners and to forward to the Company any responses to holders shall comply with all such requests received by disclosure requirements and ownership limitations and shall cooperate with the Depositary’s compliance with such Company instruction. Specifically, Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of Interests) and Futures Ordinance (the Ordinance) and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests and short position in Shares. For the purposes of this Article, the term interest terms of “interest” in Shares and “short position” in Shares shall have the meaning respective meanings ascribed thereto in the Ordinance. Under As in effect as of the date of the Deposit Agreement under the Ordinance, an Owner may have a duty to notify the Company if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSsAmerican Depositary Shares) equals or exceed 10exceeds 5% or more of the issued share capital of the Company. Such Owner may be required to further notify the Company of certain changes in such Owners Owner’s interest in the Shares, or if such Owner ceases to have an interest in 105% or more of the issued share capital of the Company, or if such Owner has a short position in the Shares, or if such short position changes, or if such Owner ceases to have a short position. Under As in effect as of the Ordinancedate of the Deposit Agreement, under the Ordinance the Company has certain rights and duties to make inquiries to persons whom the Company knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) or equity derivatives in respect of the Shares or have a short position in the Shares concerning such persons persons’ such interest in the Shares or equity derivatives in the Shares or short position in the Shares. In the event that any person with whom the Company has made such inquires inquiries fails to respond thereto, or either knowingly provides false information in response theretothereto or is reckless as to whether such information is false or misleading, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall use its reasonable efforts to assist the Company in obtaining such information with respect to ADSsAmerican Depositary Shares, provided that, except as otherwise provided in this the Deposit Agreement, nothing herein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners or otherwise in the possession of the DepositaryOwners.

Appears in 1 contract

Samples: Deposit Agreement (China Oilfield Services LTD/Fi)

Disclosure of Beneficial Ownership. The Company Issuer may from time to time request Owners to pro- vide provide information (a) as to the capacity in which such Owners own or owned American Depositary Shares, Shares and (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company Issuer or the Depositary pursuant to this Section. The Depositary agrees to use reasonable efforts to comply with reasonable written instructions received from the Company Issuer requesting that the Depositary forward any such requests to the Owners and to forward to the Company Issuer any responses to such requests received by the Depositary. Owners will be subject to to, and shall ensure compliance with, the provisions of Part IV of the Hong Kong Securities (Disclosure of Interests) and Futures Ordinance (Cap. 571) (the Ordinance) and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests in Shares. For the purposes of this Article, the term interest shall have the meaning ascribed thereto in the Ordinance. Under the Ordinance, an Owner may have a duty to notify The Stock Exchange of Hong Kong Limited (the Company “HKEx”) and the Issuer (a) if such Owner becomes aware that its Owner’s interest in Shares (including its interest in Shares represented by ADSs) equals or exceed 10exceeds 5% or more of the issued share capital Shares (including the Shares represented by American Depositary Shares) and (b) of the Companyany short positions. Such Owner may be required to further notify the Company HKEx and the Issuer of certain changes in such Owners Owner’s interest in the Shares, or if such Owner ceases to have an interest in 10% or more of the issued share capital of the Company. Under the Ordinance, the Company has certain rights and duties to Issuer may make inquiries to persons whom the Company Issuer knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) concerning such persons interest or have equity derivatives or short positions with respect to the Shares (including in the Shares represented by American Depositary Shares). In the event that any person with whom the Company Issuer has made such inquires inquiries fails to respond thereto, or provides false information in response thereto, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall shall, upon written instruction by the Issuer, use reasonable efforts to assist the Company Issuer in obtaining such information with respect to ADSsAmerican Depositary Shares, provided that, except as otherwise provided in this Deposit Agreement, nothing herein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not voluntarily provided to the Depositary by such Owners or otherwise already in the possession of the Depositary.

Appears in 1 contract

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

Disclosure of Beneficial Ownership. The Company To the extent that provisions of or governing the Shares may from time to time request Owners to pro- vide information (a) as require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the capacity in which Company and may provide for blocking transfer and voting or other rights to enforce such Owners own disclosure or owned American Depositary Shareslimit such ownership, (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company or the Depositary pursuant to this Section. The Depositary agrees to shall use its reasonable efforts to comply with written Company instructions received from the Company requesting that the Depositary forward as to Receipts in respect of any such requests to the enforcement or limitation and Owners and to forward to the Company any responses to holders shall comply with all such requests received by disclosure requirements and ownership limitations and shall cooperate with the Depositary's compliance with such Company instruction. Specifically, Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of Interests) and Futures Ordinance (the "Ordinance") and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests and short position in Shares. For the purposes of this Article, the term interest terms of "interest" in Shares and "short position" in Shares shall have the meaning respective meanings ascribed thereto in the Ordinance. Under As in effect as of the date of the Deposit Agreement under the Ordinance, an Owner may have a duty to notify the Company if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSsAmerican Depositary Shares) equals or exceed 10exceeds 5% or more of the issued share capital of the Company. Such Owner may be required to further notify the Company of certain changes in such Owners Owner's interest in the Shares, or if such Owner ceases to have an interest in 105% or more of the issued share capital of the Company, or if such Owner has a short position in the Shares, or if such short position changes, or if such Owner ceases to have a short position. Under As in effect as of the Ordinancedate of the Deposit Agreement, under the Ordinance the Company has certain rights and duties to make inquiries to persons whom the Company knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) concerning such persons interest in the Shares. In the event that any person with whom the Company has made such inquires fails to respond thereto, or provides false information in response thereto, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall use reasonable efforts to assist the Company in obtaining such information with respect to ADSs, provided that, except as otherwise provided in this Deposit Agreement, nothing herein shall be interpreted as obli- gating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners or otherwise in the possession of the Depositary.or

Appears in 1 contract

Samples: Deposit Agreement (Tingyi (Cayman Islands) Holding Corp.)

Disclosure of Beneficial Ownership. The Company may from time to time request information from Owners to pro- vide information (a) as to regarding the capacity in which such Owners own or owned American Depositary SharesReceipts, (b) regarding the identity of any other persons then or previously interested having a beneficial interest in such American Depositary Shares Receipts and (c) the nature of such interest and various other mattersinterest. Each Owner agrees to provide any information reasonably requested by the Company or the Depositary pursuant to this SectionSection 3.4 of the Deposit Agreement. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward forward, at the sole expense of the Company, any such requests to the Owners and to forward to the Company any such responses to such requests received by the Depositary. Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of InterestsInterest) Ordinance (the Ordinance) and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests in Shares. For the purposes of this ArticleSection, the term interest shall have the meaning ascribed thereto in the Ordinance. Under As in effect as of the date of the Deposit Agreement under the Ordinance, an Owner may have a duty to notify the Company if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSsAmerican Depositary Shares) equals or exceed exceeds 10% or more of the issued share capital of the CompanyShares. Such Owner may be required to further notify the Company of certain changes in such Owners interest in the Shares, or if such Owner ceases to have an interest in 10% or more of the issued share capital Shares. As in effect as of the Company. Under date of the Deposit Agreement under the Ordinance, the Company has certain rights and duties to make inquiries to persons whom the Company knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) concerning such persons interest in the Shares. In the event that any person with whom the Company has made such inquires inquiries fails to respond thereto, or provides false information in response thereto, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall to use reasonable efforts to assist comply with written instructions received from the Company in obtaining requesting that the Depositary forward, at the sole expense of the Company, any such information with respect requests to ADSsthe Owners and to forward to the Company any such responses to such requests received by the Depositary, provided that, except as otherwise provided in this Deposit Agreement, that nothing herein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners. 26. OWNERSHIP RESTRICTIONS The Company may restrict transfer of Shares if such transfer might result in ownership of Shares by certain shareholders exceeding the limits under applicable law or the Companys Articles of Association. The Company may also restrict, in such manner as it reasonably deems appropriate, after consultation with the Depositary, transfers of Receipts if such transfers may result in the total number of Shares represented by American Depositary Shares evidenced by the Receipts beneficially owned by an Owner or Beneficial Owner in excess of the limits under applicable law, including without limitation, the Codes on Takeovers and Mergers and Share Repurchases issued by the Securities and Futures Commission of Hong Kong, or the Companys Articles of Association. The Company may, in its sole discretion, instruct the Depositary in writing to take reasonable steps with respect to the ownership interest of any Owner or Beneficial Owner in excess of the limits under applicable law or the Companys Articles of Association, including, without limitation, a mandatory sale or disposition on behalf of the relevant Owner or Beneficial Owner of the Shares represented by American Depositary Shares evidenced by a Receipt or Receipts held by such Owner or Beneficial Owner that is in excess of the limits under applicable or the Companys Articles of Association, if and to the extent such disposition is reasonably practicable and permitted under applicable law, provided that the Depositary has no liability to Owners, Beneficial Owners or otherwise the Company for actions taken in compliance with the possession of Companys instructions. Owners and Beneficial Owners shall comply with all such transfer and ownership limitations and requests from the DepositaryCompany or the Depositary in connection therewith.

Appears in 1 contract

Samples: Deposit Agreement (Tianjin Capital Environmental Protection Co LTD)

Disclosure of Beneficial Ownership. The Company Issuer may from time to time request Owners to pro- vide provide information (a) as to the capacity in which such Owners own or owned American Depositary Shares, Shares (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company Issuer or the Depositary pursuant to this Section. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company Issuer requesting that the Depositary forward any such requests to the Owners and to forward to the Company Issuer any responses to such requests received by the Depositary. Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of Interests) Ordinance (the "Ordinance") and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests in Shares. For the purposes of this ArticleSection, the term interest "interest" shall have the meaning ascribed thereto in the Ordinance. Under the Ordinance, an Owner may have a duty to notify the Company Issuer if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSs) equals or exceed 10% or more of the issued share capital of the CompanyIssuer. Such Owner may be required to further notify the Company Issuer of certain changes in such Owners Owner's interest in the Shares, or if such Owner ceases to have an interest in 10% or more of the issued share capital of the CompanyIssuer. Under the Ordinance, the Company Issuer has certain rights and duties to make inquiries to persons whom the Company Issuer knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSs) concerning such persons persons' interest in the Shares. In the event that any person with whom the Company Issuer has made such inquires fails to respond thereto, or provides false information in response thereto, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall use reasonable efforts to assist the Company Issuer in obtaining such information with respect to ADSs, provided that, except as otherwise provided in this Deposit Agreement, nothing herein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners or otherwise in the possession of the Depositary.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Beneficial Ownership. The Company Issuer may from time to time request Owners to pro- vide provide information (a) as to the capacity in which such Owners own or owned American Depositary Shares, Shares and (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company Issuer or the Depositary pursuant to this SectionArticle. The Depositary agrees has agreed to use reasonable efforts to comply with reasonable written instructions received from the Company Issuer requesting that the Depositary forward any such requests to the Owners and to forward to the Company Issuer any responses to such requests received by the Depositary. Owners will be subject to to, and shall ensure compliance with, the provisions of Part IV of the Hong Kong Securities (Disclosure of Interests) and Futures Ordinance (Cap. 571) (the Ordinance) and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests in Shares. For the purposes of this Article, the term interest shall have the meaning ascribed thereto in the Ordinance. Under the Ordinance, an Owner may have a duty to notify The Stock Exchange of Hong Kong Limited (the Company “HKEx”) and the Issuer (a) if such Owner becomes aware that its Owner’s interest in Shares (including its interest in Shares represented by ADSs) equals or exceed 10exceeds 5% or more of the issued share capital Shares (including the Shares represented by American Depositary Shares) and (b) of the Companyany short positions. Such Owner may be required to further notify the Company HKEx and the Issuer of certain changes in such Owners Owner’s interest in the Shares, or if such Owner ceases to have an interest in 10% or more of the issued share capital of the Company. Under the Ordinance, the Company has certain rights and duties to Issuer may make inquiries to persons whom the Company Issuer knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) concerning such persons interest or have equity derivatives or short positions with respect to the Shares (including in the Shares represented by American Depositary Shares). In the event that any person with whom the Company Issuer has made such inquires inquiries fails to respond thereto, or provides false information in response thereto, such person may also be subject to sanctions and criminal penalties. The Depositary agrees has agreed that it shall shall, upon written instruction by the Issuer, use reasonable efforts to assist the Company Issuer in obtaining such information with respect to ADSsAmerican Depositary Shares, provided that, except as otherwise provided in this the Deposit Agreement, nothing herein therein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not voluntarily provided to the Depositary by such Owners or otherwise already in the possession of the Depositary.

Appears in 1 contract

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

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Disclosure of Beneficial Ownership. The Company To the extent that provisions of or governing the Shares may from time to time request Owners to pro- vide information (a) as require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the capacity in which Company and may provide for blocking transfer and voting or other rights to enforce such Owners own disclosure or owned American Depositary Shareslimit such ownership, (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company or the Depositary pursuant to this Section. The Depositary agrees to shall use its reasonable efforts to comply with written Company instructions received from the Company requesting that the Depositary forward as to Receipts in respect of any such requests to the enforcement or limitation and Owners and to forward to the Company any responses to holders shall comply with all such requests received by disclosure requirements and ownership limitations and shall cooperate with the Depositary’s compliance with such Company instruction. Specifically, Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of Interests) and Futures Ordinance (the Ordinance) and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests and short position in Shares. For the purposes of this ArticleSection, the term interest terms of “interest” in Shares and “short position” in Shares shall have the meaning respective meanings ascribed thereto in the Ordinance. Under As in effect as of the date of the Deposit Agreement under the Ordinance, an Owner may have a duty to notify the Company if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSsAmerican Depositary Shares) equals or exceed 10exceeds 5% or more of the issued share capital of the Company. Such Owner may be required to further notify the Company of certain changes in such Owners Owner’s interest in the Shares, or if such Owner ceases to have an interest in 105% or more of the issued share capital of the Company, or if such Owner has a short position in the Shares, or if such short position changes, or if such Owner ceases to have a short position. Under As in effect as of the Ordinancedate of the Deposit Agreement, under the Ordinance the Company has certain rights and duties to make inquiries to persons whom the Company knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) or equity derivatives in respect of the Shares or have a short position in the Shares concerning such persons persons’ such interest in the Shares or equity derivatives in the Shares or short position in the Shares. In the event that any person with whom the Company has made such inquires inquiries fails to respond thereto, or either knowingly provides false information in response theretothereto or is reckless as to whether such information is false or misleading, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall use its reasonable efforts to assist the Company in obtaining such information with respect to ADSsAmerican Depositary Shares, provided that, except as otherwise provided in this Deposit Agreement, nothing herein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners or otherwise in the possession of the DepositaryOwners.

Appears in 1 contract

Samples: Deposit Agreement (China Oilfield Services LTD/Fi)

Disclosure of Beneficial Ownership. The Company To the extent that provisions of or governing the Shares may from time to time request Owners to pro- vide information (a) as require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the capacity in which Company and may provide for blocking transfer and voting or other rights to enforce such Owners own disclosure or owned American Depositary Shareslimit such ownership, (b) regarding the identity of any other persons then or previously interested in such American Depositary Shares and (c) the nature of such interest and various other matters. Each Owner agrees to provide any information requested by the Company or the Depositary pursuant to this Section. The Depositary agrees to shall use its reasonable efforts to comply with written Company instructions received from the Company requesting that the Depositary forward as to Receipts in respect of any such requests to the enforcement or limitation and Owners and to forward to the Company any responses to holders shall comply with all such requests received by disclosure requirements and ownership limitations and shall cooperate with the Depositary's compliance with such Company instruction. Specifically, Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of Interests) and Futures Ordinance (the "Ordinance") and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests and short position in Shares. For the purposes of this ArticleSection, the term interest terms of "interest" in Shares and "short position" in Shares shall have the meaning respective meanings ascribed thereto in the Ordinance. Under As in effect as of the date of the Deposit Agreement under the Ordinance, an Owner may have a duty to notify the Company if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSsAmerican Depositary Shares) equals or exceed 10exceeds 5% or more of the issued share capital of the Company. Such Owner may be required to further notify the Company of certain changes in such Owners Owner's interest in the Shares, or if such Owner ceases to have an interest in 105% or more of the issued share capital of the Company, or if such Owner has a short position in the Shares, or if such short position changes, or if such Owner ceases to have a short position. Under As in effect as of the Ordinancedate of the Deposit Agreement, under the Ordinance the Company has certain rights and duties to make inquiries to persons whom the Company knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) or equity derivatives in respect of the Shares or have a short position in the Shares concerning such persons persons' such interest in the Shares or equity derivatives in the Shares or short position in the Shares. In the event that any person with whom the Company has made such inquires inquiries fails to respond thereto, or either knowingly provides false information in response theretothereto or is reckless as to whether such information is false or misleading, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall use its reasonable efforts to assist the Company in obtaining such information with respect to ADSsAmerican Depositary Shares, provided that, except as otherwise provided in this Deposit Agreement, nothing herein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners or otherwise in the possession of the DepositaryOwners.

Appears in 1 contract

Samples: Deposit Agreement (Tingyi (Cayman Islands) Holding Corp.)

Disclosure of Beneficial Ownership. The Company may from time to time request information from Owners to pro- vide information (a) as to regarding the capacity in which such Owners own or owned American Depositary SharesReceipts, (b) regarding the identity of any other persons then or previously interested having a beneficial interest in such American Depositary Shares Receipts and (c) the nature of such interest and various other mattersinterest. Each Owner agrees to provide any information requested by the Company or the Depositary pursuant to this SectionSection 3.4. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward transmit any such requests by the Company to the Owners Owners, and to forward transmit to the Company any responses to such requests received by that the DepositaryDepositary receives from the Owners. Owners will be subject to the provisions of the Hong Kong Securities (Disclosure of Interests) Ordinance (the "Ordinance") and any other legislation or regulations of Hong Kong from time to time in effect regarding the disclosure of interests in Shares. For the purposes of this ArticleSection, the term interest "interest" shall have the meaning ascribed thereto in the Ordinance. Under As in effect as of the date of the Deposit Agreement under the Ordinance, an Owner may have a duty to notify the Company if such Owner becomes aware that its interest in Shares (including its interest in Shares represented by ADSsAmerican Depositary Shares) equals or exceed exceeds 10% or more of the issued share capital of the CompanyShares. Such Owner may be required to further notify the Company of certain changes in such Owners Owner's interest in the Shares, or if such Owner ceases to have an interest in 10% or more of the issued share capital Shares. As in effect as of the Company. Under date of the Deposit Agreement under the Ordinance, the Company has certain rights and duties to make inquiries to persons whom the Company knows or has reasonable cause to believe to be interested in the Shares (including in Shares represented by ADSsAmerican Depositary Shares) concerning such persons persons' interest in the Shares. In the event that any person with whom the Company has made such inquires inquiries fails to respond thereto, or provides false information in response thereto, such person may also be subject to sanctions and criminal penalties. The Depositary agrees that it shall use its reasonable efforts to assist the Company in obtaining such information with respect to ADSsAmerican Depositary Shares, provided that, except as otherwise provided in this Deposit Agreement, nothing herein shall be interpreted as obli- gating obligating the Depositary to provide or obtain any such information not provided to the Depositary by such Owners or otherwise in the possession of the DepositaryOwners.

Appears in 1 contract

Samples: Deposit Agreement (Jiangsu Expressway Co LTD)

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