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

Distributions Other Than Cash, Shares or Rights. (a) Whenever the Company intends to distribute to the holders of Deposited Securities property other than cash, Shares or rights to purchase additional Shares, the Company shall give timely notice thereof to the Depositary and shall indicate whether or not it wishes such distribution to be made to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such distribution be made to Holders of ADSs, the Depositary shall consult with the Company, and the Company shall assist the Depositary, to determine whether such distribution to Holders is lawful and reasonably practicable. The Depositary shall not make such distribution unless (i) the Company shall have requested the Depositary to make such distribution to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7, and (iii) the Depositary shall have determined that such distribution is reasonably practicable.

Appears in 4 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (TNT N.V./ADR), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

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Distributions Other Than Cash, Shares or Rights. (a) Whenever the Company intends to distribute to the holders of Deposited Securities property other than cash, Shares or rights to purchase additional Shares, the Company shall give timely notice thereof to the Depositary and shall indicate whether or not it wishes such distribution to be made to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such distribution to be made to Holders of ADSsHolders, the Depositary shall consult with the Company, and the Company shall assist the Depositary, to determine in determining whether such distribution to Holders is lawful and reasonably practicable. The Depositary shall not make such distribution unless (i) it has been requested to do so by the Company shall have requested the Depositary to make such distribution to HoldersCompany, (ii) the Depositary shall have it has received satisfactory documentation within the terms of Section 5.7, and (iii) the Depositary shall have it has determined that such distribution is reasonably practicable.

Appears in 1 contract

Samples: Deposit Agreement (SKF Inc)

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Distributions Other Than Cash, Shares or Rights. (a) Whenever the Company intends to distribute to the holders of Deposited Securities property other than cash, Shares or rights to purchase additional Shares, the Company shall give timely notice thereof to the Depositary and shall indicate whether or not it wishes such distribution to be made to Holders Owners of ADSsAmerican Depositary Shares. Upon receipt of a notice indicating that the Company wishes such distribution be made to Holders Owners of ADSsAmerican Depositary Shares, the Depositary shall consult with the Company, and the Company shall assist the Depositary, to determine whether such distribution to Holders Owners is lawful and reasonably practicable. The Depositary shall not make such distribution unless (i) the Company shall have requested the Depositary to make such distribution to HoldersOwners, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.75.07, and (iii) the Depositary shall shall, after consultation with the Company, have determined that such distribution is reasonably practicable.

Appears in 1 contract

Samples: Deposit Agreement (Citibank,N.A./ADR)

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