Common use of Dividends in Cash or Shares Clause in Contracts

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall mail to the Owners a notice, the form of which shall be in the reasonable discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners as of the close of business on a specified date will be entitled, subject to any applicable provisions of the laws of the Republic of South Africa, the Memorandum or Articles of Association of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner elects to receive such dividend or distribution. Upon the written request of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentence.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall mail to the Owners a notice, the form of which shall be in the reasonable sole discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners as of the close of business on a specified date will be entitled, subject to any applicable provisions of the laws of the Republic of South AfricaFrench law, the Memorandum or Articles of Association statuts of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner elects to receive such dividend or distribution. Upon the written request of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, in so far as practicable to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentence.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall mail to the Owners a notice, the form of which shall be in the reasonable sole discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners as of the close of business on a specified record date will be entitled, subject to any applicable provisions of the laws of the Republic of South AfricaFrench law, the Memorandum or Articles of Association statuts of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner elects to receive such dividend or distribution. Upon the written request of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, in so far as practicable to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentenceterms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company Issuer of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall shall, upon the written request of the Issuer and subject to Section 5.07, mail to the Owners Holders a notice, the form of which shall be in the reasonable discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company Issuer and (b) a statement that each of the Owners Holders as of the close of business on a specified date will be entitled, subject to any applicable provisions of law, including any applicable provisions of Irish law, the laws Articles of the Republic of South Africa, the Memorandum or Articles of Association of the Company Issuer or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner Holder elects to receive such dividend or distribution. Upon the written request of an Owner a Holder on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, in so far as practicable to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners Holders entitled thereto. If the Depositary does not receive timely instructions from any Owner Holder as to such OwnerHolder's election, the Depositary shall make no election with respect to the Deposited Securities represented by such OwnerHolder's American Depositary Shares and shall distribute such Shares or cash as it receivesso received, if any, in respect of such Deposited Securities in accordance with the preceding sentence.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall mail to the Owners a notice, the form of which shall be in the reasonable discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners as of the close of business on a specified date will be entitled, subject to any applicable provisions of the laws of the Republic of South AfricaUnited Kingdom, the Memorandum or Articles of Association of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner elects to receive such dividend or distribution. Upon the written request of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentence.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company Bank of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall shall, upon the written request of the Bank and subject to Section 5.07, mail to the Owners Holders a notice, the form of which shall be in the reasonable discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company Bank and (b) a statement that each of the Owners Holders as of the close of business on a specified date will be entitled, subject to any applicable provisions of law, including any applicable provisions of Irish law, the laws Charter and Bye-Laws of the Republic of South Africa, the Memorandum or Articles of Association of the Company Bank or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner Holder elects to receive such dividend or distribution. Upon the written request of an Owner a Holder on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, in so far as practicable to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners Holders entitled thereto. thereto If the Depositary does not receive timely instructions from any Owner Holder as to such Owner's Holder’s election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's Holder’s American Depositary Shares and shall distribute such Shares or cash as it receivesso received, if any, in respect of such Deposited Securities in accordance with the preceding sentence.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall mail to the Owners a notice, the form of which shall be in the reasonable discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners as of the close of business on a specified date will be entitled, subject to any applicable provisions of the laws of the Republic of South Africa, the Memorandum or Articles of Association Associationof Incorporation of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner elects to receive such dividend or distribution. Upon the written request of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentence.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall mail to the Owners a notice, the form of which shall be in the reasonable sole discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners as of the close of business on a specified record date will be entitled, subject to any applicable provisions of the laws of the Republic of South AfricaFrench law, the Memorandum or Articles of Association Statuts of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner elects to receive such dividend or distribution. Upon the written request of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, in so far as practicable to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentenceterms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall shall, subject to receipt of the opinion described in Section 5.07 to the effect that such dividend or distribution either is exempt from registration under the Securities Act of 1933 or has been registered, mail to the Owners a notice, the form of which shall be in the reasonable sole discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners as of the close of business on a specified date will be entitled, subject to any applicable provisions of the laws of the Republic of South AfricaAfrican law, the Memorandum or and Articles of Association of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner elects to receive such dividend or distribution. Upon the written request instruction of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, insofar as practicable, to make the election in accordance with the instructions set forth in such requestinstruction, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentenceterms of Section 4.01 or Section 4.03.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall mail to the Owners a notice, the form of which shall be in the reasonable sole discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company and (b) a statement that each of the Owners owners as of the close of business on a specified date will be entitled, subject to any applicable provisions of the laws of the Republic of South AfricaFrench law, the Memorandum or Articles of Association STATUTS of the Company or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner owner elects to receive such dividend or distribution. Upon the written request of an Owner on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, in-so-far as practicable to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners entitled thereto. If the Depositary does not receive timely instructions from any Owner as to such Owner's election, the Depositary shall make no election with respect to the Deposited Securities represented by such Owner's American Depositary Shares and shall distribute such Shares or cash as it receives, if any, in respect of such Deposited Securities in accordance with the preceding sentence.

Dividends in Cash or Shares. Whenever the Depositary shall receive notice from the Company Bank of the declaration of a dividend or other distribution without payment of any subscription price on Deposited Securities payable in Shares or cash at the election of each holder of Shares or, if no such election is made, payable in Shares or in cash as provided in the instruments governing such dividend or other distribution, the Depositary shall shall, upon the written request of the Bank and subject to Section 5.07, mail to the Owners Holders a notice, the form of which shall be in the reasonable discretion of the Depositary, which shall contain (a) such information as is contained in the notice received by the Depositary from the Company Bank and (b) a statement that each of the Owners Holders as of the close of business on a specified date will be entitled, subject to any applicable provisions of law, including any applicable provisions of Irish law, the laws Charter and Bye-Laws of the Republic of South Africa, the Memorandum or Articles of Association of the Company Bank or the instruments governing such dividend or distribution, to instruct the Depositary as to the manner in which such Owner Holder elects to receive such dividend or distribution. Upon the written request of an Owner a Holder on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall use reasonable efforts endeavor, in so far as practicable to make the election in accordance with the instructions set forth in such request, and to distribute cash or Shares, as the case may be, in accordance with the terms of Section 4.01 or Section 4.03, respectively, to the Owners Holders entitled thereto. If the Depositary does not receive timely instructions from any Owner Holder as to such OwnerHolder's election, the Depositary shall make no election with respect to the Deposited Securities represented by such OwnerHolder's American Depositary Shares and shall distribute such Shares or cash as it receivesso received, if any, in respect of such Deposited Securities in accordance with the preceding sentence.