Distributions Other Than Cash, Shares or Rights. Whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed 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 requirement that the Issuer or the Depositary 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 4 contracts
Samples: Deposit Agreement (Mitsubishi Ufj Financial Group Inc), Deposit Agreement (Mitsubishi Ufj Financial Group Inc), Deposit Agreement (Mitsubishi Ufj Financial Group Inc)
Distributions Other Than Cash, Shares or Rights. Whenever the Depositary shall receive any distribution other than a distribution described in Sections 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 to the Owners Holders 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 Holders of Receipts entitled thereto, or if for any other reason (including including, but not limited to, any requirement that the Issuer Company or the Depositary 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 saleprivate) of the securities or property thus received, or at any part thereof, 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 2 contracts
Samples: Deposit Agreement (Icon PLC /Adr/), Deposit Agreement (Icon PLC /Adr/)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the provisions of Section 4.7, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.014.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed 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 including, but not limited to, any requirement that the Issuer or the Depositary 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 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, 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 shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cashcash pursuant to Section 4.1.
Appears in 2 contracts
Samples: Deposit Agreement (Tesoro Petroleum Corp /New/), Deposit Agreement (Tesoro Petroleum Corp /New/)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the provisions of Section 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed 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 including, but not limited to, any requirement that the Issuer or the Depositary 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 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, but not limited to, the sale (at public or private sale) sale in Israel 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 Owners entitled thereto as in the case of a distribution received in cash.
Appears in 2 contracts
Samples: Deposit Agreement (Teva Pharmaceutical Industries LTD), Deposit Agreement (Teva Pharmaceutical Industries LTD)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed 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 including, but not limited to, any requirement that the Issuer Company or the Depositary 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 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, 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 of the Depositary as provided in Section 5.09) 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 (Grupo Iusacell Sa De Cv), Deposit Agreement (Grupo Iusacell Sa De Cv)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the provisions of Section 4.11 and Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.014.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed 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 including, but not limited to, any requirement that the Issuer or the Depositary withhold an amount on account of taxestaxes or other governmental charges or that such securities must he registered under the Securities Act of 1933 in order to be distributed to Owners or holders) 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, 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 shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash.thus
Appears in 2 contracts
Samples: Deposit Agreement (Zindart Industrial Co LTD), Deposit Agreement (Zindart Industrial Co LTD)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the Depositary provisions of Section 4.11 and Section 5.9, whenever the Trustee shall receive any distribution other than a distribution described in Sections 4.014.1, 4.03 4.3 or 4.044.4, the Depositary Trustee shall cause the securities Shares or property received by it to be distributed to the Owners entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities Receipts held by them respectively, in any manner that the Depositary Trustee may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary Trustee such distribution cancan not be made proportionately among the Owners entitled thereto, or if for any other reason (including including, but not limited to, any requirement that the a Deposited Shares Issuer or the Depositary Trustee withhold an amount on account of taxestaxes or other governmental charges or that such Shares must be registered under the Securities Act of 1933 in order to be distributed to Owners or Owners) the Depositary Trustee deems such distribution not to be feasible, the Depositary may Trustee shall adopt such method as it may deem deems 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 Shares or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Trustee as provided in Section 5.9) shall be distributed by the Depositary Trustee to the Owners entitled thereto as in the case of a distribution received in cash.
Appears in 1 contract
Samples: Depositary Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the provisions of Section 4.11, whenever the Depositary shall receive any distribution other than a distribution described in Sections Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed 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 including, but not limited to, any requirement that the Issuer or the Depositary withhold an amount on account of taxestaxes or other governmental charges or that such securities must be registered under the Securities Act of 1933) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method methods as it may deem deems 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 entitled thereto as in the case of a distribution received in cashcash in accordance with Section 4.01.
Appears in 1 contract
Samples: Deposit Agreement (Vodafone Airtouch Public Limited Co)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the provisions of Section 4.11, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.014.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed 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 including, but not limited to, any requirement that the Issuer or the Depositary 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 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, 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 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
Samples: Deposit Agreement (Telecom Corp of New Zealand LTD)
Distributions Other Than Cash, Shares or Rights. Whenever Subject to the provisions of Section 4.11, whenever the Depositary shall receive any distribution other than a distribution described in Sections Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed 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 reasonable opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including including, but not limited to, any requirement that the Issuer or the Depositary withhold an amount on account of taxestaxes or other governmental charges or that such securities must be registered under the Securities Act of 1933) the Depositary reasonably deems such distribution not to be feasible, the Depositary may adopt such method methods as it may deem deems 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 entitled thereto as in the case of a distribution received in cashcash in accordance with Section 4.01.
Appears in 1 contract