Common use of Distribution to Holders Clause in Contracts

Distribution to Holders. Whenever the Company intends to distribute to the holders of the Deposited Securities rights to subscribe for additional Shares, the Company shall give notice thereof to the Depositary at least 45 days prior to the proposed distribution stating whether or not it wishes such rights to be made available to Holders. Upon timely receipt of a notice indicating that the Company wishes such rights to be made available to Holders, the Depositary shall consult with the Company to determine, and the Company shall determine, whether it is lawful and reasonably practicable to make such rights available to the Holders. The Depositary shall make such rights available to Holders only if (i) the Company shall have timely requested that such rights be made available to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 hereof and (iii) the Depositary shall have determined that such distribution of rights is lawful and reasonably practicable. In the event any of the conditions set forth above are not satisfied, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) below or, if timing or market conditions may not permit, do nothing thereby allowing such rights to lapse. In the event all conditions set forth above are satisfied, the Depositary shall establish an ADS Record Date (upon the terms described in Section 4.7 hereof) and establish procedures to distribute such rights (by means of warrants or otherwise) and to enable the Holders to exercise the rights (upon payment of applicable fees and charges of, and expenses incurred by, the Depositary and taxes and/or other governmental charges). Nothing herein shall obligate the Depositary to make available to the Holders a method to exercise such rights to subscribe for Shares (rather than ADSs).

Distribution to Holders. Whenever Upon receipt of a notice indicating that the Company intends to distribute to the holders of the Deposited Securities rights to subscribe for additional Shares, the Company shall give notice thereof to the Depositary at least 45 days prior to the proposed distribution stating whether Shares (or not it wishes such any rights to be made available to Holders. Upon timely receipt of a notice indicating that the Company wishes such rights to be made available to Holdersany other nature), the Depositary shall consult with the Company to determine, and the Company shall determine, determine whether it is lawful and reasonably practicable feasible to make such rights available to the Holders. The Depositary shall make such rights available to Holders only if (i) the Company shall have timely requested that such rights be made available provided to Holdersthe Depositary, (ii) upon the Depositary shall have received satisfactory Depositary's reasonable request, the documentation within the terms of contemplated in Section 5.7 hereof 5.08 and (iii) the Depositary shall have determined that such distribution of rights is lawful and reasonably practicablefeasible. In the event any of the conditions set forth above are not satisfied, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) below or, if timing or market conditions may not permit, do nothing thereby allowing such rights to lapse. In the event all conditions set forth above are satisfied, the Depositary shall establish an ADS Record Date a record date (upon the terms described in Section 4.7 hereof4.07) and establish procedures to distribute such rights (by means of warrants or otherwise) to the Holders entitled thereto in proportion to the number of ADSs representing Deposited Securities held by them, respectively, and to enable the Holders to exercise exercise, sell or transfer the rights (upon payment of (a) the applicable fees and charges of, and expenses incurred by, the Depositary and taxes and/or other governmental charges(b) applicable taxes). Nothing herein The Depositary shall obligate consult with the Company to the extent necessary in establishing such procedures. In circumstances in which rights would otherwise not be distributed, if a Holder requests the distribution of warrants or other instruments in order to exercise the rights allocable to the Holder's American Depositary Shares, the Depositary will to the extent lawful and feasible promptly make such rights available to such Holder upon receipt of (a) a written notice from the Holders a method Company to exercise the Depositary that (i) the Company has elected in its sole discretion to permit such rights to subscribe for Shares be exercised by such Holder and (rather than ADSs)ii) such Holder has executed such documents as the Company has determined in its sole discretion are reasonably required under applicable laws, and (b) the documentation contemplated in Section 5.08.