Distributions Other Than Cash or Shares. Whenever the Custodian shall receive any distribution other than cash or Shares upon any Deposited Securities, the Depositary shall as promptly as practicable cause the securities or property received by the Custodian to be distributed to the 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 it cannot cause such securities or property to be distributed or such distribution cannot be made proportionately among the Holders of American Depositary Shares entitled thereto, or if for any other reason (including any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges) the Depositary deems such distribution not to be feasible, the Depositary, after consultation with the Company, 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 Holders of American Depositary Shares entitled thereto as in the case of a distribution received in cash in accordance with Section 4.01, provided that any unsold balance of such securities or property shall be distributed by the Depositary to the Holders of American Depositary Shares 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 4.01 shall be unreasonably delayed by any action of the Depositary or any of its agents.
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Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Alcatel Lucent)
Distributions Other Than Cash or Shares. Whenever the Custodian shall receive any distribution other than cash or Shares upon any Deposited Securities, the Depositary shall as promptly as practicable cause the securities or property received by the Custodian to be distributed to the 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 it cannot cause such securities or property to be distributed or such distribution cannot be made proportionately among the Holders of American Depositary Shares entitled thereto, or if for any other reason (including any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges) the Depositary deems such distribution not to be feasible, the Depositary, after consultation with the Company, Company 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 Holders of American Depositary Shares entitled thereto as in the case of a distribution received in cash in accordance with Section 4.01, provided that any unsold balance of such securities or property shall be distributed by the Depositary to the Holders of American Depositary Shares 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 4.01 shall be unreasonably delayed by any action of the Depositary or any of its agents.
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Samples: Deposit Agreement (Alcatel)