Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash.
Appears in 8 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Pacific Airport Group)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit AgreementSection 4.11 and Section 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled thereto, as of the record date fixed pursuant to Section 4.06, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may reasonably deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately proportionally among the Owners entitled thereto, or if for any other reason (including any securities law requirement or including, but not limited to, any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxestaxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may reasonably deem equitable and practicable for the purpose of effecting such distribution, including including, but not limited to, the sale (at public or private sale) sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto thereto, as in the case of a distribution received in cashcash pursuant to Section 4.01.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Scor), Deposit Agreement (Scor)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit AgreementSections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled thereto, as of the record date fixed pursuant to Section 4.06 in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, respectively, them in any manner that the Depositary Depositary, after prior consultation with the Company, may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled theretosuch Owners, or if for any other reason (including any securities law requirement or including, but limited to, any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxestaxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners or holders) the Depositary reasonably deems such distribution not to be feasible, the Depositary may may, after consultation with the Company, adopt such method as it may deem equitable and practicable for the purpose of effecting such distributiondistribution (including, including but not limited to, the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the such Owners entitled thereto as in the case of a distribution received in cash.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Total Sa), Deposit Agreement (Total Sa)
Distributions Other Than Cash or Shares. Subject to Whenever the applicable provisions of this Deposit Agreement, whenever the Depositary Custodian shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it the Custodian to be distributed as promptly as practicable to the Owners Holders of Receipts entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary it cannot cause such securities or property to be distributed or such distribution cannot be made proportionately among the Owners Holders of Receipts entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners Holders of Receipts entitled thereto as in the case of a distribution received in cash.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (CRH Public LTD Co), Deposit Agreement (CRH Public LTD Co)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution (other than cash or Shares of the corresponding Series) upon any Deposited Securities of a distribution described in Section 4.01, 4.03 or 4.04, particular Series the Depositary shall cause the securities or property received by which it so receives to be distributed as promptly as practicable to the Owners Holders entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners Holders entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners Holders entitled thereto as in the case of a distribution received in cash.
Appears in 3 contracts
Samples: Deposit Agreement (Royal Bank of Scotland Group PLC), Deposit Agreement (Royal Bank of Scotland Group PLC), Deposit Agreement (Royal Bank of Scotland Group PLC)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01cash or Shares upon any Deposited Securities, 4.03 or 4.04subject to this Deposit Agreement, the Depositary shall cause the such securities or property received by it to be distributed as promptly as practicable to the Owners entitled theretoHolders on a record date fixed pursuant to Section 4.06 of Receipts evidencing American Depositary Shares representing such Deposited Securities, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, each of them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, provided that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners Holders entitled thereto, or if for any other reason (including any tax withholding or securities law requirement or any requirement that the Company, the Depositary or the Custodian withhold an amount on account of taxeslaws requirement) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the distribution by the Depositary to the Holders of the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cashcash pursuant to Section 4.01.
Appears in 3 contracts
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (P&o Princess Cruises PLC)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners of Receipts entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners of Receipts entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Issuer or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners of Receipts entitled thereto as in the case of a distribution received in cash.
Appears in 3 contracts
Samples: Deposit Agreement (Kingfisher PLC /Fi), Deposit Agreement (Kingfisher PLC /Fi), Deposit Agreement (Bank of New York / Adr Division)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled theretothereto as of the record date fixed pursuant to Section 4.6, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Issuer or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary Depositary, after consultation with the Issuer, deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including including, if permitted by and subject to applicable laws, the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash.
Appears in 2 contracts
Samples: Deposit Agreement (Vernalis PLC), Deposit Agreement (British Biotech PLC)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit AgreementSection 4.11, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners of Receipts entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners of Receipts entitled thereto, or if for any other reason (including any securities law requirement including, without limitation, a determination that such distribution in the United States would be unlawful or any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners of Receipts entitled thereto as in the case of a distribution received in cash.
Appears in 2 contracts
Samples: Deposit Agreement (Glaxosmithkline PLC), Deposit Agreement (Glaxosmithkline PLC)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Issuer or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash.
Appears in 2 contracts
Samples: Deposit Agreement (Allied Irish Banks PLC), Deposit Agreement (Luxottica Group Spa)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit AgreementSections 4.12 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01cash, 4.03 Shares or 4.04rights upon any Deposited Securities, the Depositary shall to the extent practicable cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled thereto, as of the record date fixed pursuant to Section 4.07 in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, respectively, them in any manner that the Depositary Depositary, after prior consultation with the Company if practicable, may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled theretosuch Owners, or if for any other reason (including any securities law requirement or including, but limited to, any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxestaxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners or holders) the Depositary reasonably deems such distribution not to be feasible, the Depositary may may, after consultation with the Company if practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distributiondistribution (including, including but not limited to, the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the such Owners entitled thereto as in the case of a distribution received in cash.
Appears in 2 contracts
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it or the Custodian to be distributed as promptly as practicable to the Owners entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash; provided, however, that no such distribution shall be unreasonably delayed by any act of the Depositary or its agents.
Appears in 1 contract
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by which it so receives to be distributed as promptly as practicable to the Owners Holders of Receipts entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them, respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; providedprovided that, however, that if in the opinion of the Depositary it cannot cause such securities or property to be distributed or such distribution cannot be made proportionately among the Owners Holders of Receipts entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary Depositary, after consultation with the Company, deems such distribution not to be feasible, the Depositary may may, with the Company's approval, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) sale of the securities or property thus received, or any part thereof, and the distribution by the Depositary to the Holders of Receipts entitled thereto of the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cashcash distribution.
Appears in 1 contract
Samples: Deposit Agreement (Signet Group PLC)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled theretothereto as of the record date fixed pursuant to Section 4.6., in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Issuer or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including including, if permitted by and subject to applicable laws, the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash.
Appears in 1 contract
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01cash or Shares upon any Deposited Securities, 4.03 or 4.04subject to this Deposit Agreement, the Depositary shall cause the such securities or property received by it to be distributed as promptly as practicable to the Owners entitled theretoHolders on a record date fixed pursuant to Section 4.06 of Receipts evidencing American Depositary Shares representing such Deposited Securities, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, each of them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, provided that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners Holders entitled thereto, or if for any other reason (including any tax withholding or securities law requirement or any requirement that the Company, the Depositary or the Custodian withhold an amount on account of taxeslaws requirement) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the 9 <PAGE> distribution by the Depositary to the Holders of the net proceeds of any such sale shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cashcash pursuant to Section 4.01.
Appears in 1 contract
Samples: Deposit Agreement
Distributions Other Than Cash or Shares. Subject to Whenever the applicable provisions of this Deposit Agreement, whenever the Depositary Custodian shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it the Custodian to be distributed as promptly as practicable to the Owners Holders of Receipts entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary it cannot cause such securities or property to be distributed or such distribution cannot be made proportionately among the Owners Holders of Receipts entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxestaxes or other governmental charges) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale shall be distributed by the Depositary Depository to the Owners Holders of Receipts entitled thereto as in the case of a distribution received in cashcash in accordance with Section 4.02, provided that any unsold balance of such securities or property shall be distributed by the Depositary to the Holders of Receipts entitled thereto in accordance with such equitable and practicable method as the Depositary shall have adopted.
Appears in 1 contract
Samples: Deposit Agreement (Aventis)
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit AgreementSection 4.11 and Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled thereto, as of the record date fixed pursuant to Section 4.6, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, them respectively, in any manner that the Depositary may reasonably deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately proportionally among the Owners entitled thereto, or if for any other reason (including any securities law requirement or including, but not limited to, any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxestaxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may reasonably deem equitable and practicable for the purpose of effecting such distribution, including including, but not limited to, the sale (at public or private sale) sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.9) shall be distributed by the Depositary to the Owners entitled thereto thereto, as in the case of a distribution received in cashcash pursuant to Section 4.1.
Appears in 1 contract
Distributions Other Than Cash or Shares. Subject to the applicable provisions of this Deposit Agreement, whenever Whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 cash or 4.04Shares upon any Deposited Securities, the Depositary shall cause the securities or property received by it to be distributed as promptly as practicable to the Owners Holders entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them, respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners Holders entitled thereto, or if for any other reason (including any securities law requirement or any requirement that the Company, Company or the Depositary or the Custodian withhold an amount on account of taxes) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes) shall be distributed by the Depositary to the Owners Holders entitled thereto as in the case of a distribution received in cash.
Appears in 1 contract
Samples: Deposit Agreement (Scottish & Southern Energy PLC /Fi)