Common use of Distributions Other Than Cash or Shares Clause in Contracts

Distributions Other Than Cash or Shares. Whenever the Custodian or Depositary shall receive any distribution other than cash, rights or Shares upon any Deposited Securities, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian to be distributed to the Holders entitled thereto after deduction or upon payment of the expenses of the Depositary, in proportion to the number of ADSs representing such Deposited Securities held by them respectively, in any manner that the Depositary, with the consent of the Company, deems 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 Holders entitled thereto, or if for any other reason (including but not limited to any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holders) the Depositary deems such distribution not to be reasonably practicable, the Depositary may, with the approval of the Company, adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, the net proceeds of any such sale shall be distributed by the Depositary to the Holders entitled thereto as in the case of a distribution received in cash.

Distributions Other Than Cash or Shares. Whenever the Custodian or Depositary shall receive any distribution other than cash, rights cash or Shares upon any Deposited Securities, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian which it so receives to be distributed to the Holders of Receipts entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities evidenced by Receipts held by them them, respectively, in any manner that the Depositary, with the consent of the Company, deems 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 Holders of Receipts entitled thereto, or if for any other reason (including but not limited to any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the HoldersHolders or beneficial holders) the Depositary Depositary, after consultation with the Company, deems such distribution not to be reasonably practicablefeasible, the Depositary may, with the approval of the Company's approval, adopt such method as it deems may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) sale of the securities or property thus received, or any part thereof, and, in such case, 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 Holders entitled thereto as in the case of a distribution received in cashcash distribution.

Distributions Other Than Cash or Shares. Whenever Subject to the Custodian or provisions of Section 4.11 and Section 5.09, whenever the Depositary shall receive any distribution other than casha distribution described in Sections 4.01, rights 4.03 or Shares upon any Deposited Securities4.04, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such the Depositary or the Custodian to be distributed to the Holders Owners entitled thereto after deduction or upon payment thereto, as of the expenses of the Depositaryrecord date fixed pursuant to Section 4.06, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the consent of Company (to the Companyextent practicable), deems 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 Holders Owners entitled thereto, or if for any other reason (including including, but not limited to to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to the HoldersOwners) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary mayDepositary, after consultation with the approval of Company (to the Companyextent practicable), may adopt such method as it deems 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, at such place or places and upon such terms as it may deem proper) sale of the securities or property thus received, or any part thereof, and, in such case, 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 Holders Owners entitled thereto thereto, as in the case of a distribution received in cashcash pursuant to Section 4.01.

Distributions Other Than Cash or Shares. Whenever the Custodian or Depositary shall receive any distribution other than cash, rights cash or Shares upon any Deposited Securities, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, as promptly as practicable cause the securities or property received by such the Custodian to be distributed to the Holders of Receipts entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, with the consent of the Company, deems 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 Holders of Receipts entitled thereto, or if for any other reason (including but not limited to any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holderscharges) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary mayDepositary, after consultation with the approval of the Company, Company may adopt such method as it deems may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, and the net proceeds of any such sale shall be distributed by the Depositary to the 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. No such distribution to Holders pursuant to this Section 4.02 shall be unreasonably delayed by any action of the Depositary or any of its agents.

Distributions Other Than Cash or Shares. Whenever Subject to the Custodian or provisions of Section 4.11 and Section 5.09, whenever the Depositary shall receive any distribution other than casha distribution described in Sections 4.01, rights 4.03 or Shares upon any Deposited Securities4.04, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such the Depositary or the Custodian to be distributed to the Holders Owners entitled thereto after deduction or upon payment thereto, as of the expenses of the Depositaryrecord date fixed pursuant to Section 4.06, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the consent of Company (to the Companyextent practicable), deems 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 Holders Owners entitled thereto, or if for any other reason (including including, but not limited to to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to the HoldersOwners) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, after consultation with the approval of the Company, adopt such method as it deems 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, at such place or places and upon such terms as it may deem proper) sale of the securities or property thus received, or any part thereof, and, in such case, 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 Holders Owners entitled thereto thereto, as in the case of a distribution received in cashcash pursuant to Section 4.01; provided, however, no distribution to Owners pursuant to this Section 4.02 shall be unreasonably delayed by any action of the Depositary or any of its agents.

Distributions Other Than Cash or Shares. Whenever Subject to the Custodian or provisions of Section 4.11 and Section 5.09, whenever the Depositary shall receive any distribution other than casha distribution described in Sections 4.01, rights 4.03 or Shares upon any Deposited Securities4.04, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian it to be distributed to the Holders Owners entitled thereto thereto, after deduction or upon payment of the any fees and expenses of the DepositaryDepositary or any taxes or other governmental charges, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, with the consent of the Company, deems 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 Holders Owners entitled thereto, or if for any other reason (including including, but not limited to to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to the HoldersOwners or holders) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, after consultation with the approval of the Company, adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including including, but not limited to, the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, 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 Holders Owners entitled thereto as in the case of a distribution received in cash.

Distributions Other Than Cash or Shares. Whenever the Company intends to make any distribution upon any Deposited Securities other than in cash, rights or Shares, the Company shall give notice thereof to the Depositary at least fifteen (15) days prior to the proposed distribution specifying, inter alia, the record date applicable for determining the holders of Deposited Securities entitled to receive such distribution. Upon the timely receipt of such notice, the Depositary shall establish the ADS Record Date upon the terms described in Section 4.7. Whenever the Custodian or Depositary shall receive any distribution other than cash, rights or Shares upon any Deposited Securities, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian or the Depositary to be distributed to the Holders entitled thereto after deduction or upon payment of the fees and expenses of the Depositary, in proportion to the number of ADSs representing such Deposited Securities held by them respectivelyrespectively as of the applicable ADS Record Date, in any manner that the Depositary, with the consent of the Company, deems 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 Holders entitled thereto, or if for any other reason (including but not limited to any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holders) the Depositary deems such distribution not to be reasonably practicable, the Depositary may, with the approval of the Company, adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, the net proceeds of any such sale shall be distributed by the Depositary to the Holders entitled thereto as in the case of a distribution received in cash. Notwithstanding anything contained in the Deposit Agreement to the contrary, in the event the Company fails to give the Depositary timely notice of the proposed distribution provided for in this Section 4.3, the Depositary agrees to use commercially reasonable efforts to perform the actions contemplated in this Section 4.3, and the Company, the Holders and the Beneficial Owners acknowledge that the Depositary shall have no liability for the Depositary’s failure to perform the actions contemplated in this Section 4.3 where such notice has not been so timely given, other than its failure to use commercially reasonable efforts, as provided herein.

Distributions Other Than Cash or Shares. Whenever the Custodian or Depositary shall receive any distribution other than cash, rights cash or Shares upon any Deposited Securities, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian it to be distributed dis­tributed to the Holders of Receipts entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion propor­tion to the number of ADSs representing American Depositary Shares represent­ing such Deposited Securities held by them respectively, in any manner that the Depositary, with the consent of the Company, deems Depositary may deem equitable and practicable for accomplishing accomplish­ing such distributiondistribution that has been approved by the Company; providedpro­vided, however, that if in the opinion of the Depositary it cannot cause such distribution securities or property to be distributed, such distri­bution cannot be made proportionately among the Holders of Receipts entitled thereto, or if for any other reason (including but not limited to any requirement that the Company Company, its agent or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holderstaxes) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, with the approval of the Company, may adopt such method as it deems may deem equitable and practicable for the purpose of effecting such distributiondis­tribution, including the sale (at public or private pri­vate sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, and the net proceeds of any such sale shall be distributed dis­tributed by the Depositary Deposi­tary to the Holders of Receipts entitled thereto as in the case of a distribution received in cash, provided further, that if any securities to be sold pursuant to the preceding clause are listed on a stock exchange or traded on an over-the-counter market, such securities shall be sold on such a stock exchange or over-the-counter market. The Holders alone shall be responsible for pay­ment of any taxes or other governmental charges due as a result of sales or transfers pursuant to this Section 4.02.

Distributions Other Than Cash or Shares. Whenever the Custodian or Depositary shall receive any distribution distribu­tion other than cash, rights cash or Shares upon any Deposited Securities, the Depositary shall, after consultation shall with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, Company’s approval cause the securities or property received by such Custodian it to be distributed to the Holders Owners entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities Securi­ties held by them respectively, in any manner that the Depositary, with the consent of the Company, deems Depositary may deem equitable and practicable for accomplishing accomplish­ing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Holders Owners entitled thereto, or if for any other reason (including but not limited to any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holderstaxes) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, with the approval of the Company, may adopt such method as it deems may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities securi­ties or property thus received, or any part thereof, and, in such case, and the net proceeds of any such sale shall be distributed by the Depositary to the Holders Owners entitled thereto as in the case of a distribution received in cash.

Distributions Other Than Cash or Shares. Whenever Subject to the Custodian or provisions of Section 4.11, whenever the Depositary shall receive any distribution other than casha distribution described in Sections 4.01, rights 4.03 or Shares upon any Deposited Securities4.04, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian it to be distributed as promptly as practicable to the Holders Owners of Receipts entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them them, respectively, in any manner that the Depositary, with the consent of the Company, deems 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 Holders Owners of Receipts entitled thereto, or if for any other reason (including but not limited to including, without limitation, a determination that such distribution in the United States would be unlawful or any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holderstaxes) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, with the approval of the Company, may adopt such method as it deems may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) sale of the securities or property thus received, or any part thereof, and, in such case, and the net proceeds of any such sale shall be distributed by the Depositary to the Holders Owners of Receipts entitled thereto as in the case of a distribution received in cash. The Depositary may withhold any distribution of securities under this Section 4.02 if it has not received satisfactory assurances from the Company that the distribution does not require registration under the Securities Act of 1933. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses payable by Owners pursuant to Section 5.09 in respect of that distribution.

Distributions Other Than Cash or Shares. Whenever the a Custodian or Depositary shall receive any distribution other than cash, rights cash or Shares upon any Deposited Securities, the Depositary shall, after consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian to be distributed to the Holders of Receipts entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, with the consent of the Company, Depositary deems 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 Holders of Receipts entitled thereto, or if for any other reason (including but including, without limiting the generality of the foregoing, a determination by the Depositary that such distribution in the United States would not limited to be lawful or any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holderstaxes) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, with the approval of the Company, may adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, the net proceeds of any such sale shall be distributed by the Depositary to the Holders of Receipts entitled thereto as in the case of a distribution received in cash.

Distributions Other Than Cash or Shares. Whenever the Depositary or the Custodian or Depositary shall receive any distribution other than cash, rights cash or Shares upon any Deposited Securities, the Depositary shall, after upon consultation with the Company to the extent practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7Company, cause the securities or property so received by such Custodian to be distributed to the Holders of Receipts entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, with the consent of the Company, Depositary deems 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 Holders of Receipts entitled thereto, or if for any other reason (including but including, without limiting the generality of the foregoing, a determination by the Depositary that such distribution in the United States would not limited to be lawful or any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holderstaxes) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, with the approval of the Company, may adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, the net proceeds of any such sale shall be distributed by the Depositary to the Holders of Receipts entitled thereto as in the case of a distribution received in cash.

Distributions Other Than Cash or Shares. Whenever the Custodian or Depositary shall receive any distribution other than cash, rights cash or Shares upon any Deposited Securities, the Depositary shall, after consultation with the Company to the extent as promptly as practicable, and provided that the Depositary shall have received satisfactory documentation within the terms of Section 5.7, cause the securities or property received by such Custodian it to be distributed to the Holders entitled thereto after deduction or upon payment of the expenses of the Depositarythereto, in proportion to the number of ADSs American Depositary Shares representing such Deposited Securities held by them them, respectively, in any manner that the Depositary, with the consent of the Company, deems 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 Holders entitled thereto, or if for any other reason (including but not limited to any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act in order to be distributed to the Holderstaxes) the Depositary deems such distribution not to be reasonably practicablefeasible, the Depositary may, after consultation with the approval of the CompanyCompany when practicable, adopt such method as it deems may deem equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale, at such place or places and upon such terms as it may deem proper) of the securities or property thus received, or any part thereof, and, in such case, and the net proceeds of any such sale shall be distributed by the Depositary to the Holders entitled thereto as in the case of a distribution received in cash. The Depositary may sell, by private or public sale, a portion of the distributed securities or other property that is sufficient to pay its fees and expenses in connection with the distribution. The Depositary shall not be obligated to effect any distribution of securities unless it has received satisfactory assurances from the Company that the distribution does not require registration under the Securities Act of 1933.