Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 59 contracts
Samples: Deposit Agreement, Deposit Agreement, Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 41 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 32 contracts
Samples: Deposit Agreement (Travelsky Technology LTD), Deposit Agreement (Phynova Group PLC), Deposit Agreement (China Oilfield Services LTD/Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, as promptly as practicable, execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees fees, if any, payable in connection with such deposit and the transfer of the Deposited Securities. The Depositary shall not issue Receipts except in accordance with this Section 2.03 and Sections 2.04, 2.07, 2.09, 4.03, 4.04 and 4.08.
Appears in 28 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Energy Co of Parana), Deposit Agreement (Energy Co of Parana)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 27 contracts
Samples: Deposit Agreement, Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Baidu.com, Inc.)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 26 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Unimarc Supermarkets Inc)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 22 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, electronically or otherwise, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 18 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Pharmaxis Ltd.), Deposit Agreement (Norwood Abbey LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 14 contracts
Samples: Deposit Agreement (Mizuho Financial Group Inc), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Mizuho Financial Group Inc)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver as promptly as practicable at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 11 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Arm Holdings PLC), Deposit Agreement (Anglogold Ashanti LTD)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Global Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Global Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 8 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (MPX Energia S.A.)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall be required by the Depositary to notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be required to be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Principal Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 8 contracts
Samples: Deposit Agreement (Royal Dutch Shell PLC), Deposit Agreement (Royal Dutch Shell PLC), Deposit Agreement (Royal Dutch Shell PLC)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books CHESS Subregister of the Issuer CUFS Depositary (or the Foreign Registrar, if applicable, appointed agent or agents of the CUFS Depositary for transfer and registration of the CUFS) are open, or if the Depositary may in its sole discretion require so requires, a proper acknowledgment or other evidence from the Issuer CUFS Depositary (or appointed agent or agents of the CUFS Depositary for transfer and registration of the CUFS) satisfactory to the Depositary that any Deposited Securities deposited CUFS have been recorded upon the books CHESS Subregister of the Issuer CUFS Depositary (or by the Foreign Registrarappointed agent of the CUFS Depositary for transfer and registration of CUFS), if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesdeposited CUFS and the issuance of such Receipt or Receipts.
Appears in 7 contracts
Samples: Deposit Agreement (James Hardie Industries Se), Deposit Agreement (James Hardie Industries Se), Deposit Agreement (James Hardie Industries Se)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall be required by the Depositary to notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be required to be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 7 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Liberty International PLC)
Execution and Delivery of Receipts. Upon receipt by any Custodian After the deposit of any deposit Shares pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open2.2, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares ADSs to be evidenced thereby. Such notification shall be made by letter letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by cable, telex telex, SWIFT, facsimile or facsimile electronic transmission. Upon After receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit AgreementAgreement (including, without limitation, the payment of the fees, expenses, taxes and other charges owing hereunder) and applicable law, shall execute and deliver at its Corporate Trust Office, issue the ADSs representing the Shares so deposited to or upon the order of the person or persons entitled thereto, named in the notice delivered to the Depositary and shall execute and deliver a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment persons evidencing in the aggregate the number of ADSs to which such person or persons are entitled. Notwithstanding anything else contained in this Deposit Agreement to the contrary, the Depositary shall not be required to accept for deposit or maintain on deposit with the Custodian (a) any fractional Shares or fractional Deposited Securities, or (b) any number of Shares or Deposited Securities which, upon application of the fees and expenses ratio of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the ADSs to Deposited Securities, would give rise to fractional ADSs. Nothing herein shall prohibit any Pre-Release Transaction upon the terms set forth in this Deposit Agreement.
Appears in 7 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 6 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, Company are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Share Registrar satisfactory to the Depositary that any Deposited Securities have been recorded registered upon the Company's books (or by the appointed agent of the Issuer or Company for transfer and registration of Shares, which may but need not be the Foreign Share Registrar, if applicable, ) in the name of the Depositary or its the Custodian or the nominee or such Custodian or its nominee), nominees of either) together with the other documents required as above specifiedspecified above, such the Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter letter, or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Office of the Depositary to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names of and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary by the Holder of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts (as provided in Section 5.9set forth on Exhibit B hereto), and of all taxes taxes, duties and other governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 6 contracts
Samples: Deposit Agreement (Intercontinental Hotels Group PLC), Deposit Agreement (Mitchells & Butlers PLC), Deposit Agreement (Intercontinental Hotels Group PLC)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such the Custodian or its nominee), together with the other documents required as above specified, such the Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 6 contracts
Samples: Deposit Agreement (Braskem Sa), Deposit Agreement (Braskem Sa), Deposit Agreement (CPFL Energy INC)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 6 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Trintech Group PLC), Deposit Agreement (Protherics PLC)
Execution and Delivery of Receipts. Upon receipt by ---------------------------------- any Custodian of any deposit pursuant to in accordance with the provisions of Section 2.2 hereunder 2.02 hereof (and and, in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and of the name or names of the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof thereof, the office of the Depositary at which such Receipts are to be delivered and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the depositdeposit in writing and mailed, first class air mail postage prepaid, or, by SWIFT message, cable, or telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of such Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Office to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, Receipts registered in the such name or names and as requested by such persons or persons entitled thereto evidencing any authorized the number of American Depositary Shares requested by such person or persons, persons but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09 hereof and Exhibit B hereto, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities. Delivery at offices other than the Depositary's Corporate Trust Office shall be at the risk and expense of the person requesting such delivery.
Appears in 6 contracts
Samples: Deposit Agreement (Infosys Technologies LTD), Deposit Agreement (Infosys Technologies LTD /Adr/), Deposit Agreement (Infosys Technologies LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and upon receipt in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, form satisfactory to the Depositary may in its sole discretion require of a proper acknowledgment or other evidence from the Issuer Company or the Russian Share Registrar (including extracts from the Share Register) that any Deposited Securities have been recorded upon on the books of Share Register maintained by the Issuer or the Foreign Registrar, if applicable, Russian Share Registrar in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 6 contracts
Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ojsc Polyus Gold)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer or Foreign Registrar that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex cable or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Banco Itau Holding Financeira S A)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or its appointed agent that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 5 contracts
Samples: Deposit Agreement (Tianjin Capital Environmental Protection Co LTD), Deposit Agreement (Aflease Gold LTD /Fi), Deposit Agreement (Afrikander Lease Limited /Fi)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer Company or the Foreign Share Registrar, if applicable, are open, or if the Depositary may in its sole discretion require so requires, a proper acknowledgment acknowledgement or other evidence from the Issuer Company satisfactory to the Depositary that any Deposited Securities deposited Shares have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, Share Registrar in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents and payments required as above specifiedspecified above, such the Custodian shall notify the Depositary of such deposit and deposit, the person or persons to whom or upon whose written order a Receipt or Receipts is or are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust the Depositary’s Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, Receipts registered in the name or names of, and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary by such person or persons of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes taxes, duties and other governmental charges and fees payable (whether by the Depositary, the Custodian or a nominee of either of them) in connection with such deposit and deposit, the transfer of the Deposited Securitiesdeposited Shares and the issuance of such Receipt or Receipts.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer or the Foreign Registrar, if applicable that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicableas the case may be, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by air courier, cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (National Grid PLC)
Execution and Delivery of Receipts. Upon receipt by any a Custodian of any a deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence (i) from the Issuer Company (or the appointed agent of the Company for transfer and registration of Shares), reasonably satisfactory to the Depositary that any Deposited Securities are properly recorded upon the shareholders' register of the Company (or such agent) maintained for that purpose in the name of the Depositary or (ii) where such deposit is made by entry in the books of a CSD, from such CSD that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, such CSD in the name of the Depositary or its nominee or such Custodian or its nominee)Depositary, together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and recordation and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall may be made by letter letter, cable, telex, SWIFT message or, at the request, risk and expense of the person making the deposit, by cable, telex facsimile or facsimile other means of electronic transmission. Upon receiving such notice from such Custodian, the Depositary or upon the receipt of Shares by the Depositary, the Depositaryits agent, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Principal Office to or upon the order of the person or persons entitled thereto, named in the notice delivered to the Depositary a Receipt or Receipts, Receipts registered in the name or names requested in such notice and evidencing any authorized the aggregate number of American Depositary Shares requested by to which such person or personsis entitled, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesdeposited Shares. Nothing herein shall prohibit any pre-release transaction upon the terms set forth in this Deposit Agreement or any other agreement between the Depositary and the Company.
Appears in 5 contracts
Samples: Deposit Agreement (LG.Philips LCD Co., Ltd.), Deposit Agreement (LG.Philips LCD Co., Ltd.), Deposit Agreement (LG.Philips LCD Co., Ltd.)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books shareholders' accounts of the Issuer or the Foreign RegistrarRegistrar or the transfer books of the Custodian, if applicable, are open), the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Issuer, or the Foreign Registrar or the Custodian, as applicable, that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign RegistrarRegistrar or the Custodian, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 5 contracts
Samples: Deposit Agreement (Publicis Groupe Sa), Deposit Agreement (Business Objects S.A.), Deposit Agreement (Business Objects Sa)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its reasonable sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Lan Chile Sa), Deposit Agreement (Quinenco Sa)
Execution and Delivery of Receipts. Upon receipt by the Depositary or any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities. The Depositary shall execute and deliver Receipts only in accordance with the provisions of this Deposit Agreement and the form of Receipt. The Depositary shall not deliver Shares hereunder except upon the receipt and cancellation of Receipts.
Appears in 5 contracts
Samples: Deposit Agreement (Smith & Nephew PLC), Deposit Agreement (Smith & Nephew PLC), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer (or the Foreign Registrar, if applicable, appointed agent of the Issuer for the transfer and registration of Shares) are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer satisfactory to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer (or the Foreign Registrar, if applicable, appointed agent of the Issuer for the transfer and registration of Shares) in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
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)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole reasonable discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Principal Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names of such person or persons and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 4 contracts
Samples: Deposit Agreement (Irsa Propiedades Comerciales S.A.), Deposit Agreement (Irsa Propiedades Comerciales S.A.), Deposit Agreement (Irsa Propiedades Comerciales S.A.)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit of Shares pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer Company or the Foreign Share Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment an acknowledgement by an appropriate officer of the Company or other reasonable evidence from the Issuer Company or the Share Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Share Registrar, if applicable, in the name of the Depositary or its nominee or such the Custodian or its nominee), together with the other documents required as above specifiedspecified herein, such the Custodian shall promptly notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter (first class air mail postage prepaid) or, at the request, risk and expense of the person making the deposit, by air courier, cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit AgreementAgreement (including, but not limited to the terms and conditions contained in Section 2.02), shall execute and deliver at its Corporate Trust OfficeOffice and, if applicable, cause the Registrar to countersign, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary or requested by the person depositing such Shares with the Depositary, a Receipt or Receipts, registered in the such name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesdeposited Shares.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (American Beverage Co Ambev), Deposit Agreement (American Beverage Co Ambev)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole reasonable discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Preference Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, without unreasonable delay, execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 4 contracts
Samples: Regulation S Deposit Agreement (Lloyds Banking Group PLC), Regulation S Deposit Agreement (Lloyds Banking Group PLC), Rule 144a Deposit Agreement (Lloyds Banking Group PLC)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Share Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Share Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex cable or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, as promptly as practicable, execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ultrapar Holdings Inc), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees fees, if any, payable in connection with such deposit and the transfer of the Deposited Securities. The Depositary shall not execute and deliver Receipts except in accordance with this Section 2.03 or Sections 2.04, 2.07, 2.09, 4.03, 4.04 and 4.08.
Appears in 4 contracts
Samples: Deposit Agreement (Andina Bottling Co Inc), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, open and if the Depositary may in or its sole discretion require nominee or the Custodian has presented such certificates to the Issuer or the Foreign Registrar and the Depositary so requires, a proper acknowledgment or other evidence from the Issuer or the appointed agent of the Issuer for transfer and registration of Shares which may but need not be the Foreign Registrar, as the case may be, satisfactory to the Depositary that any Deposited Securities in registered form have been recorded upon the books of the Issuer or the appointed agent of the Issuer for transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified and pursuant to Section 2.06, such the Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts is or are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, the Depositary or upon the receipt of Shares by the Depositary, the Depositaryits agent, subject to the terms and conditions of this Deposit Agreement, Agreement shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a certificated Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but and evidencing in the aggregate the number of American Depositary Shares to which such person or persons are entitled, but, in either case, (A) only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and Custodian of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the deposited shares and (B) subject to the other terms of this Deposit Agreement and the provisions of the Articles and of the Deposited Securities. Receipts may only be executed and delivered under this Section 2.3 evidencing five (5) American Depositary Shares or any integral multiple thereof.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer Company (or the Foreign Registrar, if applicable, appointed agent or agents of the Company for transfer and registration of the Shares) are open, or if the Depositary may in its sole discretion require so requires, a proper acknowledgment or other evidence from the Issuer Company (or the appointed agent or agents of the Company for transfer and registration of the Shares) satisfactory to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer Company (or by the Foreign Registrar, if applicable, appointed agent of the Company for transfer and registration of Shares) in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents and payments required as above specified), such the Custodian shall notify the Depositary of such deposit and deposit, the person or persons to whom or upon whose written order a Receipt or Receipts American Depositary Shares are deliverable in respect thereof and the number of American Depositary Shares to be evidenced therebythat is deliverable. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, named in the notice delivered to the Depositary American Depositary Shares registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary by such person or persons of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9American Depositary Shares, and of all taxes taxes, duties and other governmental charges and fees payable (whether by the Depositary, the Custodian or a nominee of either of them) in connection with such deposit and deposit, the transfer of the Deposited SecuritiesSecurities and the issuance of such American Depositary Shares.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (America Movil Sa De Cv/)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or its appointed agent that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and deposit, the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Telkom Sa LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing representing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Telecom Corp of New Zealand LTD), Deposit Agreement (Trinity Biotech PLC)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts is or are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Aluminum Corp of China LTD), Deposit Agreement (China Mobile LTD /Adr/)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer or Foreign Registrar that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex cable or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Gerdau S.A.), Deposit Agreement (Gerdau Sa)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Foreign Registrar that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities. The Depositary shall not issue Receipts except in accordance with this Section 2.3 and Sections 2.4, 2.9, 4.0, 4.4 and 4.8.
Appears in 4 contracts
Samples: Deposit Agreement (Terranova S A), Deposit Agreement (Masisa S.A.), Deposit Agreement (Terranova S A)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Principal Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (United Utilities Group PLC), Deposit Agreement (United Utilities PLC), Deposit Agreement (United Utilities PLC)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole reasonable discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Corpbanca/Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the appointed agent of the Company for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company satisfactory to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer Company or the appointed agent of the Company for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Office to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized representing, in the aggregate, the number of American Depositary Shares requested by to which such person or personspersons are entitled, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the issuance, execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited SecuritiesShares.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Glaxosmithkline PLC), Deposit Agreement (Glaxosmithkline PLC)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the appointed agent of the Issuer for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, Registrar are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer which appointment shall be in writing and a copy of which shall be provided to the Depositary satisfactory to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer or the appointed agent of the Issuer for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, Registrar in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons named in the notice delivered to the Depositary entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Prana Biotechnology LTD), Deposit Agreement (Prana Biotechnology LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee; provided, however, that on or after certain provisions of the Clearing Law coming into force, the recordation of the Deposited Securities on the transfer book of the Issuer or the Foreign Registrar must comply with the Clearing Law), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Acom Co LTD /Fi), Deposit Agreement (Acom Co LTD /Fi), Deposit Agreement (Acom Co LTD /Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Peruvian Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Peruvian Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Buenaventura Mining Co Inc), Deposit Agreement (Buenaventura Mining Co Inc), Deposit Agreement (Buenaventura Mining Co Inc)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if applicable, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Issuer, limited to such information disclosed in such books, that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign RegistrarIssuer, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the issuance of such ADS and the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities. The Depositary shall only deliver American Depositary Receipts evidencing whole numbers of American Depositary Shares. Nothing herein shall prohibit any Pre-Release (as defined below) in accordance with the terms set forth in this Deposit Agreement.
Appears in 3 contracts
Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Coca-Cola Hellenic Bottling Co Sa), Deposit Agreement (Citibank,N.A./ADR)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the shareholders' accounts of the Company or the Foreign Registrar or the transfer books of the Issuer or the Foreign RegistrarCustodian, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company, or the Foreign Registrar or the Custodian, as applicable, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign RegistrarRegistrar or the Custodian, if as applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified herein, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Officedeliver, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees fees, if any, payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the appointed agent of the Issuer for transfer and registration of shares, which may but need not be the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the appointed agent of the Issuer for transfer and registration of shares, which may but need not be the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Fosters Brewing Group LTD /Fi), Deposit Agreement (Phosphagenics LTD), Deposit Agreement (Starpharma Holdings LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, upon receipt satisfactory to the Depositary may in its sole discretion require of a proper acknowledgment or other evidence from the Issuer Company or the Russian Share Registrar (including extracts from the Share Register) that any Deposited Securities have been recorded upon on the books of Share Register maintained by the Issuer or the Foreign Registrar, if applicable, Russian Share Registrar in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, as promptly as practicable, execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts Receipts, as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities, subject to other terms of this Deposit Agreement and provisions of Charter of the Company and of the Deposited Securities. The Depositary shall not deliver Receipts except in accordance with this Section 2.3 or Sections 2.4, 2.7, 2.9, 4.3, 4.4 or 4.8 hereof.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ao Surgutneftegas /Fi), Deposit Agreement (Ao Surgutneftegas /Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, together with the other documents specified in Section 2.02, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, without unreasonable delay, execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities. The Depositary shall not deliver Receipts except in accordance with this Section 2.03 and Sections 2.04, 2.07, 2.09, 4.03, 4.04 and 4.08.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Usinas Siderurgicas De Minas Gerais Sa Usiminas /Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities. Notwithstanding anything in this Section 2.03 to the contrary, the Depositary shall execute and deliver Temporary ADRs evidencing Temporary ADSs only in respect of a deposit of a Certificate of Payment in connection with an offering of Shares.
Appears in 3 contracts
Samples: Deposit Agreement (Chunghwa Telecom Co LTD), Deposit Agreement (Chunghwa Telecom Co LTD), Deposit Agreement (Chunghwa Telecom Co LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, without unreasonable delay, execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the appointed agent of the Issuer for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, Registrar are open, the Depositary may in its sole discretion require a proper acknowledgment acknowledgement or other evidence from the Issuer satisfactory to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer or the appointed agent of the Issuer for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Office to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names of, and evidencing representing any authorized number of American Depositary Shares requested by by, such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited SecuritiesShares.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Kingfisher PLC /Fi), Deposit Agreement (Kingfisher PLC /Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, as promptly as practicable, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Centrica PLC), Deposit Agreement (Videsh Sanchar Nigam LTD)
Execution and Delivery of Receipts. Upon receipt by any The Depositary has made arrangements with the Custodian to confirm to the Depositary (i) that a deposit of any deposit Shares has been made pursuant to Section 2.2 hereunder 2.3 hereof, (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer ii) that any such Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Depositary, the Custodian or its nominee)a nominee of either on the shareholders' register maintained by or on behalf of the Company or by the Share Registrar, together with the other documents required as above specifiedif any, such Custodian shall notify the Depositary if registered Shares have been deposited, or, if deposit is made by book-entry transfer, confirmation of such deposit transfer in the books of the NSDL, (iii) that all required documents and approvals have been received, and (iv) the person or persons person(s) to whom or upon whose written order a Receipt or Receipts American Depositary Shares are deliverable in respect thereof and the number of American Depositary Shares to be evidenced so delivered thereby. Such notification shall may be made by letter letter, cable, telex, SWIFT message or, at the request, risk and expense of the person making the deposit, by cable, telex facsimile or facsimile other means of electronic transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit AgreementAgreement and applicable law, shall execute and deliver at its Corporate Trust Office, issue the American Depositary Shares representing the Shares so deposited to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, person(s) named in the notice delivered to the Depositary and shall execute and deliver at its Principal Office Receipt(s) registered in the name or names name(s) requested by such person(s) and evidencing any authorized the aggregate number of American Depositary Shares requested by to which such person or personsperson(s) are entitled, but only upon payment to the Depositary of the fees and expenses charges of the Depositary for the execution accepting a deposit, issuing American Depositary Shares and delivery of executing and delivering such Receipt or Receipts Receipt(s) (as provided set forth in Section 5.9, 5.9 and of Exhibit B hereto) and all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited SecuritiesShares and the issuance of the Receipt(s). The Depositary shall only issue American Depositary Shares in whole numbers and deliver American Depositary Receipts evidencing whole numbers of American Depositary Shares. Nothing herein shall prohibit any Pre-Release Transaction upon the terms set forth in this Deposit Agreement.
Appears in 3 contracts
Samples: Deposit Agreement (Rediff Com India LTD), Deposit Agreement (Rediff Communication LTD), Deposit Agreement (Rediff Communication LTD)
Execution and Delivery of Receipts. Upon receipt by any The Depositary has made arrangements with the Custodian to confirm to the Depositary (i) that a deposit of any deposit Shares has been made pursuant to Section 2.2 hereunder 2.3 hereof, (and in addition, if ii) that transfer of such Shares has been made to the transfer books securities account of the Issuer or the Foreign RegistrarCustodian maintained at NECIGEF, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer (iii) that any Deposited Securities all required documents have been recorded upon the books of the Issuer or the Foreign Registrarreceived, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and (iv) the person or persons to whom or upon whose written order a Receipt or Receipts American Depositary Shares are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall may be made by letter letter, cable, telex, SWIFT message or, at the request, risk and expense of the person making the deposit, if such person should so request by cable, telex facsimile or facsimile other means of electronic transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, issue the American Depositary Shares representing the Shares so deposited to or upon the order of the person or persons entitled thereto, person(s) named in the notice delivered to the Depositary and shall execute and deliver a Receipt or Receipts, registered in the name or names requested by such person(s) and evidencing any authorized the aggregate number of American Depositary Shares requested by to which such person or personsperson(s) are entitled, but only upon payment to the Depositary of the fees and expenses charges of the Depositary for making a deposit and the issuance of American Depositary Shares and execution and delivery of such Receipt or Receipts (as provided set forth in Section 5.9, 5.9 and of Exhibit B hereto) and all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited SecuritiesShares and the issuance of the Receipt or Receipts. The Depositary shall only issue American Depositary Shares in whole numbers and deliver American Depositary Receipts evidencing whole numbers of American Depositary Shares. Nothing herein shall prohibit any Pre-Release Transaction upon the terms set forth in this Deposit Agreement.
Appears in 3 contracts
Samples: Deposit Agreement (TNT N.V./ADR), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (TNT N.V.)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit of Shares pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Banorte Financial Group (Grupo Financiero Banorte, S.A.B. De C.V.))
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to in accordance with the provisions of Section 2.2 hereunder 2.02 (and and, in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, Registrar are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall promptly notify the Depositary of such deposit and of the name or names of the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof thereof, the office of the Depositary at which such Receipts are to be delivered and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter in writing and mailed, first class air mail postage prepaid, or, at the request, risk and expense of the person making the deposit, by cable, or telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of such Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, as promptly as practicable, execute and deliver at its Corporate Trust Office, Office to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, Receipts registered in the such name or names and as requested by such person or persons entitled thereto evidencing any authorized the number of American Depositary Shares requested by such person or persons, persons but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities. Delivery at offices other than the Depositary’s Corporate Trust Office shall be at the risk and expense of the person requesting such delivery.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (HSBC Holdings PLC), Deposit Agreement (HSBC Holdings PLC)
Execution and Delivery of Receipts. Upon receipt by any a Custodian of any a deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, Company are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon Company or the books appointed agent of the Issuer or Company for transfer and registration of the Foreign RegistrarShares, if applicable, in satisfactory to the name of Depositary that the deposited Shares are properly held by the Depositary or its nominee or such Custodian or its nomineeCustodian), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, the Depositary or upon the receipt of Shares by the Depositary, the Depositaryits agent, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver as promptly as practicable at its Corporate Trust Office, Principal Office to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names requested by such person or persons and evidencing any authorized in the aggregate the number of American Depositary Shares requested by to which such person or personsis entitled, but only upon payment to the Depositary of the fees and expenses fee, if any, of the Depositary for the issuance, execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesdeposited Shares as described in Section 5.10 hereof.
Appears in 3 contracts
Samples: Deposit Agreement (Alcatel), Deposit Agreement (Alcatel), Deposit Agreement (Alcatel)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex cable or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Klabin Sa /Fi), Deposit Agreement (Parana Bank S.A.), Deposit Agreement (Perdigao Sa)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder 2.02 (and in addition, if the shareholders' accounts of the Company or its agent or the transfer books of the Issuer or the Foreign RegistrarCustodian, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company, its agent or the Custodian, as applicable, that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicableCustodian, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified herein, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees fees, if any, payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (France Telecom /), Deposit Agreement (France Telecom /), Deposit Agreement (France Telecom /)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer CPO Trust (or the Foreign Registrar, if applicable, appointed agent or agents of the CPO Trust for transfer and registration of the CPOs) are open, or if the Depositary may in its sole discretion require so requires, a proper acknowledgment or other evidence from the Issuer CPO Trust (or the appointed agent or agents of the CPO Trust for transfer and registration of the CPOs) satisfactory to the Depositary that any Deposited Securities deposited CPOs have been recorded upon the CPO Trust's books (or by the appointed agent of the Issuer or the Foreign Registrar, if applicable, CPO Trust for transfer and registration of CPOs) in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents and payments required as above specified, such the Custodian shall notify the Depositary of such deposit and deposit, the person or persons to whom or upon whose written order a Receipt or Receipts is or are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust the Depositary's Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, Receipts registered in the name or names of, and evidencing any authorized number of American Depositary Shares requested by by, such person or persons, but only upon payment to the Depositary by such person or persons of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes taxes, duties and other governmental charges and fees payable (whether by the Depositary, the Custodian or a nominee of either of them) in connection with such deposit and deposit, the transfer of the Deposited Securitiesdeposited CPOs and the issuance of such Receipt or Receipts.
Appears in 3 contracts
Samples: Deposit Agreement (Ica Corp), Deposit Agreement (Tv Azteca Sa De Cv), Deposit Agreement (Ica Corp)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, as promptly as practicable, execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees fees, if any, payable in connection with such deposit and the transfer of the Deposited Securities. The Depositary shall not issue Receipts except in accordance with this Section 2.03 and Sections 2.04, 2.07, 2.09, 4.03, 4.04 and 4.08.
Appears in 3 contracts
Samples: Deposit Agreement (Energy Co of Parana), Deposit Agreement (Energy Co of Parana), Deposit Agreement (Energy Co of Parana)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit Shares of a particular Series deposited pursuant to Section 2.2 2.02 hereunder (and in addition, in the case of Shares of such Series in registered form, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, Share Registrar with respect to the Shares of such Series are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or such Share Registrar satisfactory to the Depositary that any Deposited Securities such deposited Shares have been recorded upon the such books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such the Custodian or its nominee), together with the other documents required as above specified), such the Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts of the corresponding Series are deliverable in respect thereof and the number of American Depositary Shares of the corresponding Series to be evidenced represented thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust the Depositary's Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or ReceiptsReceipts of the Series corresponding to the Series of such deposited Shares, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, and evidencing in the aggregate the number of American Depositary Shares of the corresponding Series to which such person or persons is or are entitled, but only upon payment by or on behalf of such person or persons to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesdeposited Shares.
Appears in 3 contracts
Samples: Deposit Agreement (Royal Bank of Scotland Group PLC), Deposit Agreement (Royal Bank of Scotland Group PLC), Deposit Agreement (Royal Bank of Scotland Group PLC)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit of Shares pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer Company or the Foreign Share Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other reasonable evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Share Registrar, if applicable, in the name of the Depositary or its nominee or such the Custodian or its nominee), together with the other documents required as above specifiedspecified herein, such the Custodian shall promptly notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter (first class air mail postage prepaid) or, at the request, risk and expense of the person making the deposit, by air courier, cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit AgreementAgreement (including, but not limited to the terms and conditions contained in Section 2.02), shall execute and deliver at its Corporate Trust OfficeOffice and, if applicable, cause the Registrar to countersign, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary or requested by the person depositing such Shares with the Depositary, a Receipt or Receipts, registered in the such name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesdeposited Shares.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ambev S.A.), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such the Custodian or its nominee), together with the other documents required as above specified, such the Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 3 contracts
Samples: Deposit Agreement (Gol Intelligent Airlines Inc.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Gol Intelligent Airlines Inc.)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank Hapoalim Bm)
Execution and Delivery of Receipts. Upon receipt by any The Depositary has made arrangements with the Custodian to confirm to the Depositary (i) that a deposit of any deposit Eligible Securities has been made pursuant to Section 2.2 hereunder 2.3 hereof, (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer ii) that any such Deposited Securities have been recorded, or will be recorded upon the books of the Issuer or the Foreign Registrar, if applicableas soon as transfer and registration can be accomplished, in the name of the Depositary or its nominee or such Depositary, the Custodian or its nominee)a nominee of either, together with as representative of the other documents required as above specifiedHolders and Beneficial Owners, such Custodian shall notify on the Depositary shareholders' register maintained by or on behalf of the Company by the Eligible Securities Registrar if registered Eligible Securities have been deposited or if deposit is made by book-entry transfer, confirmation of such deposit transfer in the books of the Taiwan Securities Central Depository, (iii) that all required documents have been received, and (iv) the person or persons person(s) to whom or upon whose written order a Receipt or Receipts ADSs are deliverable in respect thereof and the number of American Depositary Shares ADSs to be evidenced so delivered thereby. Such notification shall may be made by letter letter, cable, telex, SWIFT message or, at the request, risk and expense of the person making the deposit, by cable, telex facsimile or facsimile other means of electronic transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit AgreementAgreement and applicable law, shall execute and deliver at its Corporate Trust Office, issue the ADSs representing the Eligible Securities so deposited to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, person(s) named in the notice delivered to the Depositary and shall execute and deliver at its Principal Office Receipt(s) registered in the name or names and evidencing any authorized number of American Depositary Shares name(s) requested by such person or personsperson(s) and evidencing the aggregate number of ADSs to which such person(s) are entitled, but only upon payment to the Depositary of the fees and expenses charges of the Depositary for the execution accepting a deposit, issuing ADSs and delivery of executing and delivering such Receipt or Receipts Receipt(s) (as provided set forth in Section 5.9, 5.9 and of Exhibit B hereto) and all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited SecuritiesEligible Securities and the issuance of the Receipt(s). The Depositary shall only issue ADSs in whole numbers and deliver ADRs evidencing whole numbers of ADSs. Nothing herein shall prohibit any Pre-Release Transaction upon the terms set forth in this Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Au Optronics Corp), Deposit Agreement (Au Optronics Corp)
Execution and Delivery of Receipts. Upon receipt and acceptance by any the Custodian of any deposit pursuant evidence satisfactory to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon registered in the books of the Issuer or the Foreign Registrar, if applicable, VPS system in the name of the Depositary or its nominee or such Custodian or its nominee)of the Depositary, together with the other documents required as above specifiedspecified above, such the Custodian shall notify the Depositary of such deposit and registration and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter orcable, telex or facsimile transmission, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Office to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names requested by such person or persons and evidencing any authorized the aggregate the number of American Depositary Shares requested by to which such person or personsis entitled, but only upon payment to the Depositary of the fees and expenses of the Depositary for the making of the deposit, the issuances of such American Depositary Shares and the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes taxes, duties and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Orkla Asa /Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion and at the cost and expense of the person making that deposit require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Mol Rt)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company, the Foreign Registrar or the Foreign RegistrarCustodian, if as applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Vivendi), Deposit Agreement (Vivendi Universal)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books shareholders' register of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books register of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Internet Initiative Japan Inc)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of Restricted American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, in either case together with a duly executed and completed Depositor Certificate in substantially the form attached hereto as Annex I, the Depositary, subject to the terms and conditions of this Restricted Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary (which shall be the beneficial owner furnishing the Depositor Certificate), a Receipt or Receipts, registered in the name or names and evidencing any authorized number of Restricted American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Restricted Deposit Agreement (B) (Smartforce Public LTD Co), Restricted Deposit Agreement (Smartforce Public LTD Co)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of H Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Huaneng Power International Inc), Deposit Agreement (Huaneng Power International Inc)
Execution and Delivery of Receipts. Upon receipt by any Custodian After the deposit of any deposit CPOs pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, Trust are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Trust satisfactory to the Depositary that any Deposited Securities deposited CPOs have been recorded upon the books of Indeval or that the Shares have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, Company in the name of the Depositary or its nominee or such Custodian or its nominee), together with delivery of the other documents required as above specified, such the Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares GDSs to be evidenced thereby. Such notification shall be made by letter letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by air courier, cable, telex or facsimile transmission. Upon After receiving such notice from such the Custodian, the Depositary or upon the receipt of Shares by the Depositary, the Depositaryits agent, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Principal Office to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but and evidencing in the aggregate the number of GDSs to which such person or persons are entitled, but, in either case, (A) only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and Custodian of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the deposited CPOs and fees, if any, for the issuance, execution and delivery of such Receipt or Receipts (as set forth in Section 5.06 hereof); and (B) subject to the other terms of this Deposit Agreement, the Trust Agreement and the provisions of the by-laws of the Company and those of the Deposited Securities. The Depositary shall not deliver Receipts, by physical delivery, book-entry or otherwise, except in accordance with this Section 2.03 or Section 5.14.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Grupo Televisa, S.A.B.)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 hereunder 2.02 (and in addition, if the transfer books of the Issuer CPO Trust or the Foreign Receipt Registrar, if applicable, are open, or if the Depositary may in its sole discretion require so requires, a proper acknowledgment acknowledgement or other evidence from the Issuer Company satisfactory to the Depositary that any Deposited Securities deposited CPOs have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, Receipt Registrar in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents and payments required as above specifiedspecified above, such the Custodian shall notify the Depositary of such deposit and deposit, the person or persons to whom or upon whose written order a Receipt or Receipts is or are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust the Depositary’s Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, Receipts registered in the name or names of, and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary by such person or persons of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes taxes, duties and other governmental charges and fees payable (whether by the Depositary, the Custodian or a nominee of either of them) in connection with such deposit and deposit, the transfer of the Deposited Securitiesdeposited CPOs and the issuance of such Receipt or Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Carso Global Telecom /Fi), Deposit Agreement (Grupo Carso Sa De Cv /Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Foreign Registrar, as the case may be, that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents and payments required as specified above specifiedand pursuant to Sections 2.06 and 5.09, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by air courier, cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, the Depositary or upon the receipt of Shares by the Depositary, the Depositaryits agent, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, and evidencing in the aggregate the number of American Depositary Shares to which such person or persons are entitled, but (A) only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and Custodian of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the deposited Shares and (B) subject to the other terms of this Deposit Agreement, the provisions of the Company's Estatutos Sociales and the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Banco Hipotecario S.A.), Deposit Agreement (Banco Hipotecario S.A.)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company (or the Foreign Registrarappointed agent of the Company for the transfer and registration of Shares, if applicable, which may but need not be Euroclear) or Euroclear are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company satisfactory to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer Company (or the Foreign Registrarappointed agent of the Company for the transfer and registration of Shares, if applicable, which may but need not be Euroclear) or Euroclear in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex cable or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Principal Office to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing representing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt Receipts or Receipts as provided in Section 5.9Receipts, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited SecuritiesShares.
Appears in 2 contracts
Samples: Deposit Agreement (Ericsson Lm Telephone Co), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer [or the appointed agent of the Issuer for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, ] are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer satisfactory to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer [or the appointed agent of the Issuer for the transfer and registration of Shares, which may but need not be the Foreign Registrar, if applicable, ] in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, Principal Office to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing representing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Senetek PLC /Eng/), Deposit Agreement (Senetek PLC /Eng/)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex telex, facsimile or facsimile other means of electronic transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing representing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Telecom Corp of New Zealand LTD)
Execution and Delivery of Receipts. Upon receipt by any the Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, Company are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company satisfactory to the Depositary that any Deposited Securities deposited Shares have been recorded upon the Company's books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such the Custodian or its nominee), together with the other documents required as above specified, such the Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, request and risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled theretonamed in the notice delivered to the Depositary, a Receipt or Receipts, registered in the name or names and evidencing representing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9Receipts, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesdeposited Shares.
Appears in 2 contracts
Samples: Deposit Agreement (Icon PLC /Adr/), Deposit Agreement (Icon PLC /Adr/)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex telex, facsimile or facsimile electronic transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver a Receipt or Receipts, at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses fee of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, if any, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Vodafone Group Public LTD Co), Deposit Agreement (Vodafone Airtouch Public Limited Co)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder hereof (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced represented thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing representing any authorized number of American Depositary Shares requested by such person or persons, but in each case only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Futuremedia PLC), Deposit Agreement (Futuremedia PLC)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign RegistrarRegistrar or the Custodian, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Issuer, or the Foreign Registrar or the Custodian, as applicable, that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign RegistrarRegistrar or the Custodian, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and and, in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company to the Depositary that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing evidencing, in any authorized denomination, the aggregate number of American Depositary Shares requested by to which such person or personspersons are entitled, but only upon payment to the Depositary of the fees and expenses of the Depositary for the issuance, execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Newcrest Mining LTD /Fi)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, addition the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company or the Share Registrar that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, Share Registrar in the name account of the Depositary or its nominee or such Custodian Custodian, as nominal holder for the Depositary, or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names names, and evidencing any authorized number of American Depositary Shares Shares, requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Open Joint Stock Co Marganetsky Ore Mining & Processing Ente), Deposit Agreement (Ojsc Ordzhonikidzevsky Ore Mining & Processing Enterprise)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit of Shares pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees and expenses payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ping an Insurance (Group) Co of China LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and upon receipt in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, form satisfactory to the Depositary may in its sole discretion require of a proper acknowledgment or other evidence from the Issuer Company or the Russian Share Registrar (including extracts from the Share Register) that any Deposited Securities have been recorded upon on the books of Share Register maintained by the Issuer or the Foreign Registrar, if applicable, Russian Share Registrar in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust the Depositary's Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement, Deposit Agreement (Public Joint Stock Co Southern Telecommunicat Co/Adr)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall shall, as promptly as practicable, execute and deliver at its Corporate Trust Officedeliver, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (Sanofi-Aventis)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specifiedspecified above, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. If the transfer books of the Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Company that any Deposited Securities have been recorded upon the books of the Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Xinhua Finance LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign RegistrarRegistrar or the transfer books of the Custodian, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company, the Foreign Registrar or the Foreign RegistrarCustodian, if as applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Sodexho Alliance Sa), Deposit Agreement (Veolia Environnement)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 2.02 hereunder (and in addition, if the transfer books of the Issuer Company or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, as promptly as practicable, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.95.09, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Roche Holding LTD), Deposit Agreement (Roche Holding LTD)
Execution and Delivery of Receipts. Upon receipt by any Custodian After the deposit of any deposit Shares pursuant to Section 2.2 hereunder (and receipt in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, a form satisfactory to the Depositary may in its sole discretion require of a proper acknowledgment acknowledgement or other evidence from the Issuer Company or the Foreign Registrar (including extracts from the Share Register) that any Deposited Securities have been recorded upon on the books of the Issuer or Share Register maintained by the Foreign Registrar, if applicable, Registrar in the name of the Depositary or its nominee or such the Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by cable, telex telex, SWIFT, facsimile or facsimile electronic transmission. Upon After receiving such notice from such the Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit AgreementAgreement (including, without limitation, the payment of the fees, expenses, taxes and other charges owing hereunder), shall execute and deliver at its Corporate Trust Office, issue the ADSs representing the Shares so deposited to or upon the order of the person or persons entitled thereto, named in the notice delivered to the Depositary and shall execute and deliver a Receipt or Receipts, registered in the name or names and requested by such person or persons evidencing any authorized in the aggregate the number of American Depositary Shares requested by to which such person or persons, but only persons are entitled. Nothing herein shall prohibit any Pre-Release Transaction upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided terms set forth in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securitiesthis Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Joint Stock Co Sitronics)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall as promptly as practicable execute and deliver at its Corporate Trust Principal Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment by such person or persons to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books shareholders' register of the Issuer Company or the Foreign Registrar, if applicable, are is open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer Company that any Deposited Securities have been recorded upon the books shareholders’ register of the Issuer Company or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Execution and Delivery of Receipts. Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Units or Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.
Appears in 2 contracts
Samples: Deposit Agreement (Mexican Economic Development Inc), Deposit Agreement (Mexican Economic Development Inc)