Common use of Elective Distributions in Cash or Shares Clause in Contracts

Elective Distributions in Cash or Shares. Whenever the Company intends to make a distribution payable at the election of the holders of Shares in cash or in additional Shares, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary stating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon timely receipt of notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made available to Holders, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable and (iii) the Depositary shall have received satisfactory documentation within the terms of Section 5.

Appears in 2 contracts

Samples: Deposit Agreement (China Netcom Group CORP (Hong Kong) LTD), Deposit Agreement (China Netcom Group CORP (Hong Kong) LTD)

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Elective Distributions in Cash or Shares. Whenever the Company intends to make a distribution payable at the election of the holders of Shares in cash or in additional Shares, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary stating specifying, inter alia, the date applicable to holders of Deposited Securities entitled to receive such elective distribution and indicating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon timely the receipt of a notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made available to Holders, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable and (iii) the Depositary shall have received reasonably satisfactory documentation within the terms of Section 5.

Appears in 2 contracts

Samples: Deposit Agreement (Delhaize Group), Deposit Agreement (Delhaize Group)

Elective Distributions in Cash or Shares. Whenever the Company intends to make distribute a distribution dividend payable at the election of the holders of Shares in cash or in additional Shares, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary on or before the first date on which the Company gives notice, by publication or otherwise, of the proposed distribution stating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon timely receipt of notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSsReceipts, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made is available to HoldersHolders of ADRs, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable and (iii) the Depositary shall have received satisfactory documentation within the terms of Section 5.

Appears in 1 contract

Samples: Deposit Agreement (BCD Semiconductor Manufacturing LTD)

Elective Distributions in Cash or Shares. Whenever Subject to applicable Korean law, whenever the Company intends to make a distribution payable at the election of the holders of Shares in cash or in additional SharesShares other than as provided in Sections 4.02 or 4.04, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary stating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon timely receipt of notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable commercially feasible to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made available to Holders, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable commercially feasible and (iii) the Depositary shall have received satisfactory documentation within the terms of Section 5.Section

Appears in 1 contract

Samples: Deposit Agreement (LG.Philips LCD Co., Ltd.)

Elective Distributions in Cash or Shares. Whenever Subject to applicable Korean law, whenever the Company intends to make a distribution payable at the election of the holders of Shares in cash or in additional SharesShares other than as provided in Sections 4.03 or 4.04, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary stating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon timely receipt of notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable commercially feasible to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made available to Holders, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable commercially feasible and (iii) the Depositary shall have received satisfactory documentation within the terms of Section 5.

Appears in 1 contract

Samples: Deposit Agreement (Woori Finance Holdings Co LTD)

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Elective Distributions in Cash or Shares. Whenever the Company intends to make a distribution payable at the election of the holders of Shares Deposited Securities in cash or in additional Shares, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary stating prior to the proposed distribution specifying, inter alia, the record date applicable to holders of Deposited Securities entitled to receive such elective distribution and whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon the timely receipt of a notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made available to Holders, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable and (iii) the Depositary shall have received satisfactory documentation within the terms of Section 5.5.7. If the above

Appears in 1 contract

Samples: Deposit Agreement (Innocoll AG)

Elective Distributions in Cash or Shares. Whenever the Company intends to make distribute a distribution dividend payable at the election of the holders of Shares in cash or in additional Shares, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary as is reasonably practicable having regard to all applicable regulatory and other requirements to which the Company is subject from time to time, stating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon timely receipt of notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made is available to HoldersHolders of ADRs, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable and (iii) the Depositary shall have received satisfactory documentation within the terms of Section 5.

Appears in 1 contract

Samples: Deposit Agreement (Software Ag)

Elective Distributions in Cash or Shares. Whenever the Company intends to make a distribution payable at the election of the holders of Shares Deposited Securities in cash or in additional Shares, the Company shall give timely notice (determined in accordance with U.S. market practices) thereof to the Depositary stating prior to the proposed distribution specifying, inter alia, the record date applicable to holders of Deposited Securities entitled to receive such elective distribution and whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon the timely receipt of a notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution be made available to Holders, (ii) the Depositary shall have determined in consultation with the Company that such distribution is reasonably practicable and (iii) the Depositary shall have received satisfactory documentation within the terms of Section 5.Depositary

Appears in 1 contract

Samples: Deposit Agreement (Voxeljet AG)

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