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

Distributions Other Than Cash, Shares or Rights. 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 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issuer, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Owners) the Depositary, after consultation with the Issuer, deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 5.9) 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 to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 2 contracts

Samples: Deposit Agreement (Bookham Technology PLC), Deposit Agreement (Arm Holdings PLC)

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Distributions Other Than Cash, Shares or Rights. 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 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issuer, shall as promptly as practicable cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Ownersholders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary may, after consultation Consultation with the Issuer may Issuer, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.9) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case of a distribution received manner and subject to the conditions described in cash provided, however, that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents4.1. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners owners as provided in this paragraphSection 4.2, the same shall constitute Deposited Securities and each American Depositary Share shall thereafter also represent the additional securities its proportionate interest in such securities, property or property distributed in respect of the Shares represented by such American Depositary Share prior to such distributionnet proceeds.

Appears in 2 contracts

Samples: Deposit Agreement (Braskem Sa), Deposit Agreement (Braskem Sa)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.1Section 4.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the IssuerCompany to the extent practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial OwnersHolders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.95.09) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case manner and subject to the conditions described in Section 4.01. The Depositary may withhold any distribution of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities under this Section 4.2 shall be unreasonably delayed 4.02 if it has not received reasonably satisfactory assurances from the Company that the distribution does not require registration under the Securities Act of 1933. The Depositary may sell, by any action public or private sale, an amount of the Depositary or any of its agents. To the extent that such securities or other property or the net proceeds thereof are not effectively distributed it would otherwise distribute under this Section 4.02 that is sufficient to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed pay its fees and expenses in respect of the Shares represented by such American Depositary Share prior to such that distribution.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Sections Section 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issuer, shall cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial OwnersHolders) the Depositary, after consultation with the IssuerCompany to the extent practicable, deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.9) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case manner and subject to the conditions described in Section 4.1. The Depositary may withhold any distribution of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities under this Section 4.2 shall be unreasonably delayed 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 any action public or private sale, an amount of the Depositary or any of its agents. To the extent that such securities or other property or the net proceeds thereof are not effectively distributed it would otherwise distribute under this Section 4.2 that is sufficient to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed pay its fees and expenses in respect of that distribution. Neither the Shares represented by Company nor the Depositary shall be responsible for any failure to determine that it may be lawful or feasible to make such American Depositary Share prior distributions available to such distributionOwners in general or any Owner in particular.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.1Section 4.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the IssuerCompany to the extent practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial OwnersHolders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.95.09) shall be distributed by the Depositary to the Owners entitled thereto as all in the case manner and subject to the conditions described in Section 4.01. The Depositary may withhold any distribution of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities under this Section 4.2 shall be unreasonably delayed 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 any action public or private sale, an amount of the Depositary or any of its agents. To the extent that such securities or other property or the net proceeds thereof are not effectively distributed it would otherwise distribute under this Section 4.02 that is sufficient to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed pay its fees and expenses in respect of the Shares represented by such American Depositary Share prior to such that distribution.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section SectionsSection 4.11 and Section 5.09,Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Sections Section 4.01, 4.03 or 4.04,Sections 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issuer, shall (subject to Section 4.03) cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable of the record date fixed pursuant to Section 4.06, of Receipts for the American Depositary Shares representing such Deposited Securities (after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges), in proportion to the number of such American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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 suchthe Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Issuer 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 1933in order to be distributed to Owners or Beneficial Ownersholders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, 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 5.95.095.9) shall be distributed by the Depositary to the suchthe Owners entitled thereto thereto, all in the manner and subject to the conditions described in Section 4.01. as in the case of a distribution received in cash provided, however, that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distributioncash.

Appears in 1 contract

Samples: Deposit Agreement (Australia & New Zealand Banking Group LTD)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.1Section 4.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the IssuerCompany to the extent practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial OwnersHolders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.95.09) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case manner and subject to the conditions described in Section 4.01. The Depositary may withhold any distribution of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities under this Section 4.2 shall be unreasonably delayed 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 any action public or private sale, an amount of the Depositary or any of its agents. To the extent that such securities or other property or the net proceeds thereof are not effectively distributed it would otherwise distribute under this Section 4.02 that is sufficient to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed pay its fees and expenses in respect of the Shares represented by such American Depositary Share prior to such that distribution.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.1Section 4.01, 4.3 4.03 or 4.44.04, the Depositary shallDepositary, after consultation with the IssuerCompany to the extent practicable, shall cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Ownersholders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.95.09) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case manner and subject to the conditions described in Section 4.01. The Depositary may withhold any distribution of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities under this Section 4.2 shall be unreasonably delayed 4.02 if it has not received reasonably satisfactory assurances from the Company that the distribution does not require registration under the Securities Act of 1933. The Depositary may sell, by any action public or private sale, an amount of the Depositary or any of its agents. To the extent that such securities or other property or the net proceeds thereof are not effectively distributed it would otherwise distribute under this Section 4.02 that is sufficient to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed pay its fees and expenses in respect of the Shares represented by such American Depositary Share prior to such that distribution.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.14.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the Issuer, shall cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing repre­senting such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, Depositary may deem equitable and practicable prac­ticable for accomplishing such distribution; provided, howeverhow­ever, that if in the opinion of the Depositary such distribution distribu­tion cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited lim­ited to, any requirement that the Issuer Company, a Custodian or the Depositary withhold an amount on account of taxes or other governmental charges or that such securities must be registered regis­tered under the Securities Act of 1933 in order to be distributed distrib­uted to Owners or Beneficial OwnersHolders) the Depositary, after consultation with the Issuer, Depositary deems such distribution distribu­tion not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 5.95.09) shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received re­ceived in cash provided, however, that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distributioncash.

Appears in 1 contract

Samples: Deposit Agreement (Shin Corp Public Co LTD /Fi)

Distributions Other Than Cash, Shares or Rights. 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 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issuer, shall cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Ownersholders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 5.9) shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash cash; provided, however, that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 1 contract

Samples: Deposit Agreement (Bunzl PLC)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.14.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the Issueras promptly as practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, Depositary may deem equitable and practicable for accomplishing such distribution, subject to applicable law; 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, but not limited to, any requirement that the Issuer Company or an agent of the Company, the Depositary or the Depositary Custodian 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 Owners or Beneficial Owners) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary may, after consultation with the Issuer may Company, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 5.95.09 and any expenses in connection with such sale) shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash pursuant to Section 4.01; provided, howeverfurther, that no such distribution to Owners pursuant to this Section 4.2 4.02 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 1 contract

Samples: Deposit Agreement (Korea Electric Power Corp)

Distributions Other Than Cash, Shares or Rights. Subject to Whenever the provisions of Section 4.11 and Section 5.9, whenever Custodian or the Depositary shall receive any distribution other than a distribution described in Sections 4.1cash, 4.3 Shares or 4.4rights upon any Deposited Securities, the Depositary shall, after consultation with the Issuer, shall cause the such securities or property received by it to be distributed to the Owners Holders entitled thereto, as promptly as practicable after deduction or upon payment of the fees and expenses of the Depositary, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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 entitled thereto, or if for any other reason (including, but not limited to, including any requirement that the Issuer Company, the Custodian 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 Owners or Beneficial OwnersHolders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method method, if any be available, as it may deem equitable and practicable (after consultation with the Company) for the purpose of effecting such distribution, including, but not limited to, 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 (net of the fees of the Depositary as provided in Section 5.9) shall be distributed by the Depositary to the Owners Holders entitled thereto as in the case of a distribution received in cash providedcash, however, provided that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action unsold balance of the Depositary or any of its agents. To the extent that such securities or property shall be distributed by the Depositary to the Holders entitled thereto, if such distribution is feasible without withholding for or on account of any taxes or other governmental charges and without registration under the net proceeds thereof are not effectively distributed to Owners Securities Act of 1933, in accordance with such equitable and practicable method as provided in this paragraph, each American the Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distributionmay have adopted.

Appears in 1 contract

Samples: Deposit Agreement (Far Ben S a De C v/Adr/)

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Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.1, 4.3 or 4.4, the Depositary shall, as promptly as practicable after consultation with the Issuerreceipt thereof, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, Depositary may reasonably 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Owners) the Depositary, after consultation with the Issuer, Depositary reasonably deems such distribution not to be feasible, the Depositary Depositary, after consultation with the Issuer Issuer, may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.9) shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash provided, however, cash; provided further that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraphSection 4.2, the same shall constitute Deposited Securities and each American Depositary Share shall thereafter also represent the additional securities its proportionate interest in such securities, property or property distributed in respect of the Shares represented by such American Depositary Share prior to such distributionnet proceeds.

Appears in 1 contract

Samples: Deposit Agreement (Syngenta Ag)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Sections Section 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issuer, shall cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Owners) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary may adopt, after consultation Consultation with the Issuer may adopt Company to the extent practical, such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.9) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case manner and subject to the conditions described in Section 4.1. The Depositary may withhold any distribution of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities under this Section 4.2 shall be unreasonably delayed by any action if it has not received reasonably satisfactory assurances from the Company that the distribution does not require registration under the Securities Act of 1933 or that a registration statement is in effect under that Act that covers the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 1 contract

Samples: Deposit Agreement (Electric Interconnection Sa Esp)

Distributions Other Than Cash, Shares or Rights. 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 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issueras promptly as practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Owners) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary Depositary, after consultation with the Issuer Company, may adopt such method means as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 5.9) shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash cash; provided, however, that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 1 contract

Samples: Deposit Agreement (Ohsea Holdings LTD)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.1Section 4.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the Issueras promptly as practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial Ownersholders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary after consultation with the Issuer Company may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.95.09) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities or other property it would otherwise distribute under this Section 4.2 shall be unreasonably delayed by any action 4.02 that is sufficient to pay it fees and expenses in respect of the Depositary or any of its agentsthat distribution. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 1 contract

Samples: Deposit Agreement (Witwatersrand Consolidated Gold Resources LTD)

Distributions Other Than Cash, Shares or Rights. 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 4.1, 4.3 or 4.4, the Depositary shall, after consultation with the Issuer, cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial OwnersOwnersholders) the Depositary, after consultation with the Issuer, deems such distribution not to be feasible, the Depositary after consultation with the Issuer may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 5.9) shall be distributed by the Depositary to the Owners entitled thereto as in the case of a distribution received in cash cash; provided, however, that no such distribution to Owners pursuant to this Section 4.2 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 1 contract

Samples: Deposit Agreement (Cambridge Antibody Technology Group PLC)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section Sections 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.1Section 4.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the Issuer, shall cause the securities or property received by it to be distributed to the Owners entitled thereto, as promptly as practicable after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, 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, but not limited to, any requirement that the Issuer 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 Owners or Beneficial OwnersHolders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary may, after consultation with the Issuer may Company to the extent practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 and expenses of the Depositary as provided in Section 5.95.09) shall be distributed by the Depositary to the Owners entitled thereto as thereto, all in the case manner and subject to the conditions described in Section 4.01. The Depositary may withhold any distribution of a distribution received in cash provided, however, that no such distribution to Owners pursuant to securities under this Section 4.2 shall be unreasonably delayed 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 any action public or private sale, an amount of the Depositary or any of its agents. To the extent that such securities or other property or the net proceeds thereof are not effectively distributed it would otherwise distribute under this Section 4.02 that is sufficient to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed pay its fees and expenses in respect of the Shares represented by such American Depositary Share prior to such that distribution.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Section 4.11 and Section 5.95.09, whenever the Depositary shall receive any distribution other than a distribution described in Sections 4.14.01, 4.3 4.03 or 4.44.04, the Depositary shall, after consultation with the Issueras promptly as practicable, cause the securities or property received by it to be distributed to the Owners Holders entitled thereto, as promptly as practicable in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary, after consultation with the Issuer, Depositary may deem equitable and practicable for accomplishing such distribution, subject to applicable law; 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, but not limited to, any requirement that the Issuer Company or an agent of 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 Owners or Beneficial OwnersHolders) the Depositary, after consultation with the Issuer, Depositary deems such distribution not to be feasible, the Depositary may, after consultation with the Issuer may Company, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the 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 5.95.09 and any expenses in connection with such sale) shall be distributed by the Depositary to the Owners Holders entitled thereto as in the case of a distribution received in cash pursuant to Section 4.01; provided, however, that no such distribution to Owners Holders pursuant to this Section 4.2 4.02 shall be unreasonably delayed by any action of the Depositary or any of its agents. To the extent that such securities or property or the net proceeds thereof are not effectively distributed to Owners as provided in this paragraph, each American Depositary Share shall thereafter also represent the additional securities or property distributed in respect of the Shares represented by such American Depositary Share prior to such distribution.

Appears in 1 contract

Samples: Deposit Agreement (Posco)

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