Common use of Fixing of Record Date Clause in Contracts

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition of the securities which must be deposited for issuance of Receipts, or whenever the Trustee shall find it necessary or convenient in respect of any matter, the Trustee shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend or distribution or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to pay such fee, or (b) on or after which each Receipt will represent such changed group of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities Issuer. Subject to the terms and conditions of the Depositary Trust Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee with respect to such dividend or other distribution or the net proceeds of sale thereof, or to give voting instructions, or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 6 contracts

Samples: Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc)

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Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued, with respect to the Trustee under Section 5.6Deposited Securities, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenient in respect of any matterconvenient, the Trustee shall Depositary shall, after consultation with the Company, fix a record date, which date (a) shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval for the determination of the Owners who shall be (a) entitled (i) entitled to receive such dividend dividend, distribution or distribution rights, or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to pay receive American Depositary Shares representing such feechanged number of Shares, or (b) on responsible for any fee or after which each Receipt will represent such changed group of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set charges assessed by the Securities IssuerDepositary pursuant to this Deposit Agreement. Subject to the provisions of Sections 4.01 through 4.04 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, thereof or to give voting instructionsinstructions in proportion to the number of American Depositary Shares held by them, or to act in respect of any other such matter, or shall be obligated to pay such feerespectively.

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)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date which shall, to the extent reasonably practicable, be the same date, if any, applicable to the Deposited Securities (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to pay such feemeeting, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In Shares or (c) for the case determination of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee Owners who shall use its reasonable efforts to ensure that, to be responsible for the extent practicable, the record date set hereunder will be the same as the record date set fee assessed by the Securities IssuerDepositary pursuant to Section 5.09 hereof for inspection of the Share Register maintained by the Russian Share Registrar. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 5 contracts

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

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Preference Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsPreference Shares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (which shall be as near as practicable to any corresponding record date set by the Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required who shall be responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerPreference Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 5 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)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Deposited Securities entitled to receive any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights to be issued with respect to the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee Depositary shall fix a record date (a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend or dividend, distribution rights or the net proceeds of the sale thereof, (ii) entitled to vote or to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent to exercise the rights of Holders with respect to such changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set Shares represented by the Securities Issuereach American Depositary Share. Subject to the provisions of Sections 4.02 through 4.07 of the Deposit Agreement and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners Holders at the close of business on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution of such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to vote or to give such voting instructions, to receive such notice or to act in respect of any other such mattersolicitation, or shall be obligated to pay such feeotherwise take action.

Appears in 4 contracts

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

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charge assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 4 contracts

Samples: Deposit Agreement (BrasilAgro - Brazilian Agricultural Real Estate Co), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued with respect to the Trustee under Section 5.6Deposited Securities, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of Shares that are represented by each American Depositary Share, or if the securities which must be deposited for issuance Depositary has the right to vote the Shares or other Deposited Securities represented by the American Depositary Shares, whenever the Depositary shall receive notice of Receipts, any meeting of holders of Shares or other Deposited Securities or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date, which shall be as near as practicable to any corresponding record date set by the Issuer (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give or to forward instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation meeting, or (iii) required iii)entitled to pay receive information on such feemeetings as provided in the Deposit Agreement, or (b) for fixing the date on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 of the Deposit Agreement and to the other terms and conditions of the Depositary Trust Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions, or to exercise the rights of Owners under the Deposit Agreement with respect to such changed number of Shares and to act in respect of any other such matter, or shall be obligated to pay such fee.

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)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued with respect to the Trustee under Section 5.6Deposited Securities, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each ADS, or whenever the Trustee Depositary shall find it necessary or convenient in respect receive notice of any mattermeeting of holders of Shares or other Deposited Securities, the Trustee Depositary shall fix a record date, which date shall either (x) be the same date as the record date fixed by the Company, or (y) if different from the record date fixed by the Company, be as near as is practicable to such record date (a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at at, and to attend (without voting or speaking), any such meeting or solicitation or (iii) required who shall be responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after the date on which each Receipt ADS will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners Holders on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of ADSs held by them respectively and to give voting instructions, instructions and to attend such meeting (without voting or speaking) and to act in respect of any other such matter, or shall be obligated to pay responsible for such feefee or charges.

Appears in 4 contracts

Samples: Deposit Agreement (Kookmin Bank), Deposit Agreement (KB Financial Group Inc.), Deposit Agreement (KB Financial Group Inc.)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of owners of Shares or solicitation of proxies from holders of any Underlying other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it reasonably necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date which date shall be as near the record date for the Shares or other Deposited Securities as practicable (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation meeting, or (iii) required obligated to pay such fee, any charges pursuant to clause (8) of Section 5.09 or (b) on or after the date as of which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (China Mobile LTD /Adr/), Deposit Agreement (China Mobile Hong Kong LTD /Adr/)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required who shall be responsible for any fee or charges assessed by the Depositary pursuant to pay such fee, this Deposit Agreement or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any other such matter, or shall be obligated to pay such feeas the case may be.

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)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued with respect to the Trustee under Section 5.6Deposited Securities, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect receive notice of any mattermeeting, solicitation of consents or proxies of holders of Shares or other Deposited Securities, the Trustee Depositary shall fix a record date, which date shall be the same as the corresponding record date set by the Issuer with respect to Shares, if any, or as soon thereafter as reasonably practicable, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, to give or withhold such consents, to receive such notice or solicitation or (iii) required to pay such fee, otherwise take action or (b) on or after which each Receipt American Depositary Share will represent the changed number of Shares. The Issuer shall give the Depositary timely notice of any corporate action under Sections 4.1 through 4.5 and Sections 4.7 and 4.8 to facilitate coordination of such changed group of Securities. In the case of subsections (a)(i) corporate action for Owners and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, Beneficial Owners to the extent practicablerequired under this Deposit Agreement, the including, without limitation, fixing an appropriate record date set hereunder will be the same as the record date set by the Securities Issuerdate. Subject to applicable law and the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners at the close of business in New York on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, to give or withhold such consents, to receive such notice or solicitation and to act in respect of any other such matter, or shall be obligated to pay such fee.

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)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each Global Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the company with respect to Shares, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charge assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt Global Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of Global Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

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)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of SecuritiesShares. In The Depositary shall establish the case of subsections (a)(i) and (a)(ii) of this Section 4.5record date for the American Depositary Shares as the same date as, the Trustee shall use its reasonable efforts to ensure that, to the extent practicableor as near as practicable to, the record date set hereunder will be (if any) applicable to the same as the record date set by the Securities IssuerDeposited Securities. Subject to the provisions of Sections 4.01 through 4.05, 4.07 and 4.08 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any other such matter, or shall be obligated to pay such fee.

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.)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (which shall be the same as, or as near as practicable to, any corresponding record date for Shares by the Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 3 contracts

Samples: Deposit Agreement (Autonomy Corp PLC), Deposit Agreement (Eidos PLC), Deposit Agreement (ReGen Therapeutics PLC)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash or rights shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued with respect to the Trustee under Deposited Securities (and the Depositary will not waive those rights in accordance with Section 5.64.4 of the Deposit Agreement), or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities in respect of which Owners are entitled to give instructions under Section 4.7 of the Deposit Agreement, or whenever the Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date, which shall be as near as practicable to any corresponding record date set by the Issuer (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give or to forward instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation meeting, or (iii) required entitled to pay receive information on such feemeetings as provided in the Deposit Agreement, or (b) for fixing the date on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.1 through 4.5 of the Deposit Agreement and to the other terms and conditions of the Depositary Trust Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions, or to exercise the rights of Owners under the Deposit Agreement with respect to such changed number of Shares and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

Samples: Deposit Agreement (National Bank of Greece Sa), Deposit Agreement (National Bank of Greece Sa)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution the Depositary shall become payable or receive notice of the fixing of a record date by the Company for the determination of holders of Deposited Securities entitled to receive any distribution (whether in cash, Shares, rights, or other than cash shall be madedistribution), or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Trustee receives Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition of the securities which must be deposited for issuance of Receipts, or whenever the Trustee shall find it necessary or convenient in respect connection with the giving of any matternotice, solicitation of any consent or any other matter (including setting the record date for Holders responsible for any fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement), the Trustee shall Depositary shall, after consultation with the Company, fix a record date (athe "ADS Record Date") for the determination of the Owners Holders of Receipts who shall be (i) entitled to receive such dividend or distribution or the net proceeds of the sale thereofdividend, (ii) entitled to distribution, give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent to exercise the rights of Holders with respect to such changed group number of SecuritiesShares represented by each American Depositary Share or for determining those Holders responsible for any fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee The Depositary shall use its make reasonable efforts to ensure that, establish the ADS Record Date as closely as possible to the extent practicable, the applicable record date set hereunder will be for the same as the record date set by the Deposited Securities Issuer(if any). Subject to applicable law and the provisions of Section 4.1 through 4.8 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, only the Owners Holders of Receipts at the close of business on such record date ADS Record Date shall be entitledentitled to receive such distribution, as the case may beto give such voting instructions, to receive the amount distributable by the Trustee with respect to such dividend notice or other distribution or the net proceeds of sale thereofsolicitation, or to give voting instructions, or to act in respect of any other such matter, or shall be obligated to pay such feeotherwise take action.

Appears in 2 contracts

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

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable is to be declared and paid or any distribution other than cash shall is to be declared and made, or whenever rights are to be issued with respect to the Trustee Deposited Securities, or whenever, for any reason, the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary receives notice of any meeting of or solicitation of consents or proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, Company or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition of the securities which must be deposited for issuance of Receipts, or whenever the Trustee shall find finds it necessary or convenient in respect of any matter, the Trustee Depositary shall fix a record date (awhich shall (i) to the extent practicable, be the same date that holders of Shares or other Deposited Securities shall be entitled to receive or exercise such rights, and (ii) with respect to record dates that are not the same as the corresponding record date set by the Company, be fixed only after Consultation with the Company) (i) for the determination of the Owners Holders who shall be entitled (ia) entitled to receive such dividend dividend, distribution or distribution rights, or the net proceeds of the sale thereof, thereof or (iib) entitled to give instructions to the Trustee for the exercise of voting rights rights, if any, at any such meeting or solicitation or (iii) required to pay receive information as to such feemeeting, or (bii) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.1 through 4.6 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners Holders on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, thereof or to exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

Samples: Deposit Agreement (Basf Aktiengesellschaft), Deposit Agreement (Basf Aktiengesellschaft /Fa/)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued, in each case with respect to the Trustee under Section 5.6Deposited Securities, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect receive notice of any mattermeeting of holders of Shares or other Deposited Securities, or for any other reason, the Trustee Depositary shall fix a record date, which date shall (x) be the same date as the record date fixed by the Company, if any, to the extent practicable, or (y) if different from the record date fixed by the Company, be as near as practicable to the corresponding record date set by the Company and, if more than five business days after such record date, after consultation with the Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to pay such feemeeting, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections Shares, or (a)(ic) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities Issuerfor any other reason. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by each of them respectively and to give voting instructions, or instructions and to act in respect of any other such matter. The Company agrees to provide the Depositary with not less than 10 days' prior notice of any meeting of shareholders or of the Board of Directors of the Company, the agenda for which includes authorization for the declaration of a dividend; provided, however, that if the date for any such meeting is fixed less than 10 days prior to such meeting or the Company does not know, 10 days prior to such meeting, that a dividend may be declared at any such meeting, then the Company shall give such notice to the Depositary as promptly as practicable after such date is fixed or the Company learns that a dividend may be obligated to pay such feedeclared.

Appears in 2 contracts

Samples: Deposit Agreement (Brazilian Distribution Co Companhia Brasileira De Distr CBD), Deposit Agreement (Brazilian Distribution Co Companhia Brasileira De Distr CBD)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (which date shall be the same as the record date established by the Company (if any) or as close thereto as reasonably practicable) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charge assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

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

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charge assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of SecuritiesShares. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee The Depositary shall use its make reasonable efforts to ensure that, set such record date as closely as possible to the extent practicable, the applicable record date set hereunder will be for the same as the record date Deposited Securities (if any) set by the Securities IssuerCompany in the Republic of France. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

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

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary determines to charge the fees or collect expenses from all Owners referred to in Section 5.09, or whenever the Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation meeting, or (iii) required obligated to pay the Depositary in respect of such feefees and/or expenses, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions condi­tions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or if different, as close thereto as is practicable (the “ADS Record Date”) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charge assessed by the Depositary pursuant to pay such fee, this Deposit Agreement or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date the ADR Record Date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

Samples: Deposit Agreement (Osmetech PLC), Deposit Agreement (Osmetech PLC)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee shall be charged by the Trustee under Section 5.65.6(a)(3), or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition of the securities Securities which must be deposited for issuance of Receipts, or whenever the Trustee shall find it necessary or convenient in respect of any matter, the Trustee shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend or distribution or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to pay such fee, or (b) on or after which each Receipt will represent such changed group of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities Issuer. Subject to the terms and conditions of the Depositary Trust AgreementAgreement and Section 5.6(a) hereof, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee with respect to such dividend or other distribution or the net proceeds of sale thereof, or to give voting instructions, or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

Samples: Trust Agreement (Epoch Securities Inc), Trust Agreement (Epoch Securities Inc)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued with respect to the Trustee under Section 5.6Shares or Deposited Securities, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsCPOs that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of holders of CPOs (including notices of any meeting of holders of the Shares underlying the CPOs) or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date date, which shall be as near as practicable to the record date, if any, for CPOs or such Shares set by the CPO Trustee or the Issuer, as the case may be, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation meeting, or (iii) required who shall be responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerCPOs. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 2 contracts

Samples: Deposit Agreement (Vitro Sa De Cv), Deposit Agreement (Vitro Sab De Cv)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee rights shall be charged by issued with respect to the Trustee under Section 5.6Deposited Securities, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each Global Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee Depositary shall fix a record date (which date shall, to the extent practicable, be the same as the corresponding record date for such Shares, if any, set by the Issuer, subject to the requirements of applicable law and/or the regulations of any stock exchange on which the Global Depositary Shares may be listed (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt Global Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of Global Depositary Shares held by them respectively and to give voting instructions, to receive such notice or solicitation or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

Samples: Deposit Agreement (Comercial Mexican Holding /Adr)

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Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of Common Stock or other Deposited Securities or any Underlying Securitiesother meeting of holders of the Company's securities at which holders of Common Stock or other Deposited Securities are entitled to vote, or whenever a fee shall be charged by the Trustee under Section 5.6whenever, or whenever for any reason there is a reconstitution or other event under reason, the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance shares of ReceiptsCommon Stock that are represented by each ADS, or whenever the Trustee shall find Depositary finds it necessary or convenient in respect of any matter, the Trustee Depositary shall fix a record date after consultation with the Company (awhich shall be as near as practicable to the corresponding record date for such distribution or meeting set by the Company) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled or to give instructions to the Trustee for the exercise of voting rights rights, if any, at any such meeting or solicitation or (iii) required to pay such fee, or (b) on or after which each Receipt will represent in respect of such changed group number of Securities. In the case shares of subsections (a)(i) and (a)(ii) Common Stock represented by an ADS or in respect of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities Issuersuch other matter. Subject to the provisions of Section 4.02 through 4.06 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners Holders on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof and to exercise the rights of Holders hereunder with respect to such changed number of shares of Common Stock represented by each ADS, or in proportion to the number of ADSs held by them respectively, to give such voting instructions, to receive such notice or solicitation or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

Samples: Common Stock Deposit Agreement (Philippine Long Distance Telephone Co)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary determines to charge the fees or collect expenses from all Owners referred to in Section 5.09, or whenever the Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation meeting, or (iii) required obligated to pay the Depositary in respect of such feefees and/or expenses, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions condi-tions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Preference Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsPreference Shares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (which shall be as near as practicable to any corresponding record date set by the Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required who shall be responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerPreference Shares. Subject to the provisions of Sections 4.0 l through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

Samples: Rule 144a Deposit Agreement (Lloyds Banking Group PLC)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date which shall be the same or as near as practicable to the record date set by the Company, if any, for the Shares (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation meeting, or (iii) required who shall be responsible for any fee assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions condi­tions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

Samples: Deposit Agreement (British Sky Broadcasting Group PLC)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Issuer for the determination of the holders of Deposited Securities entitled to receive any cash dividend or --------------------- other cash distribution distribution, shall become payable or any distribution other than cash shall be made, or anywhenever rights toshall be issued with respect to the Deposited Securities, or whenever the Trustee receives Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect convenientreceive notice of any mattermeeting of holders of Shares or other Deposited Securities, the Trustee Depositary shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights, or the net proceeds of the sale thereof, or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to pay such feemeeting, or (bto establish the date(b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.014.1 through 4.054.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or to receive such rights or the net proceeds of sale thereof, thereof or to give instructions for the exercise of such voting instructions, or rights in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

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

Fixing of Record Date. Whenever any a cash dividend or --------------------- other dividend, cash distribution shall become payable or any other distribution is made on Deposited Securities or rights to purchase Shares or other than cash shall securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Trustee Depositary receives notice of any that a meeting of of, or solicitation of consents or proxies from of, holders of any Underlying SecuritiesShares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee shall be charged by or charge against the Trustee under Section 5.6Owners, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee shall find Depositary otherwise finds it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be (i) entitled to receive such the benefit of that dividend or other distribution or the net proceeds of the sale thereofthose rights, (ii) who shall be entitled to give instructions to the Trustee for the exercise of voting rights at any such that meeting or solicitation or (iii) required to pay such feewho shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In Shares and the case of subsections (a)(i) and (a)(ii) of this Section 4.5Depositary shall not announce, without the Company's consent, the Trustee shall use its reasonable efforts to ensure that, establishment of any record date prior to the extent practicable, the record date set hereunder will be the same as the record date set relevant corporate action having been made public by the Securities Issuer. Company.. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such a record date fixed by the Depositary shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such that dividend or other distribution or those rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any the other such mattermatter for which that record date was fixed, or shall be obligated to pay such feeresponsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (which, to the extent practicable, shall be the same as any corresponding record date set by the Company with respect to the Shares or, if different, as close thereto as reasonably practicable) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required who shall be responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

Samples: Deposit Agreement (Triunfo Holding & Investments)

Fixing of Record Date. Whenever the Depositary shall receive written notice of the fixing of a record date by the Company for the determination of holders of Deposited Securities entitled to receive any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be madeor Shares, or whenever any rights to be issued with respect to the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive written notice of any meeting of holders of Shares or other Deposited Securities or whenever the Depositary shall find it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee Depositary shall fix a record date (awhich, where applicable, shall be as close as practicable to the date corresponding to the record date fixed by the Company in respect of the Shares) for the determination of the Owners Holders of Receipts who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights, or the net proceeds of the sale thereof, (ii) entitled or to give instructions to the Trustee for the exercise of voting rights at any such meeting or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent whose Receipts shall evidence such changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners Holders of Receipts on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend divided, distribution or other distribution rights or the net proceeds of sale thereof, thereof or to give such voting instructions, to receive such notice or to act in respect of any other such mattersolicitation, or shall be obligated otherwise take action in proportion to pay such feethe number of American Depositary Shares held by them respectively.

Appears in 1 contract

Samples: Deposit Agreement (Amer Sports Corp /Fi)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Deposited Securities entitled to receive any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights to be issued with respect to the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee shall Depositary shall, after consultation with the Company, fix a record date (a) as close as practicable to the record date fixed by the Company in respect of the Shares for the determination of the Owners Holders of Receipts who shall be (i) entitled to receive such dividend or dividend, distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent to exercise the rights of Holders with respect to such changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set Shares represented by the Securities Issuereach American Depositary Share. Subject to the provisions of Section 4.02 through 4.08 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners Holders of Receipts at the close of business on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give such voting instructions, to receive such notice or to act in respect of any other such mattersolicitation, or shall be obligated to pay such feeotherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Edp Energias De Portugal Sa)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any dividend or distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (which shall be as near as practicable to any corresponding record date set by the Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, subject to the provisions hereof, or solicitation in respect of such changed number of Deposited Securities represented by each American Depositary Share or in respect of such other matter or (iii) required who shall be responsible for any fee or charges assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners at the close of business on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

Samples: Deposit Agreement (Inversiones Aguas Metropolitanas S.A.)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution the Depositary shall become payable or receive notice of the fixing of a record date by the Company for the determination of holders of Deposited Securities entitled to receive any distribution (whether in cash, Shares, rights, or other than cash shall be madedistribution), or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Trustee receives Depositary shall receive notice of any meeting of or solicitation of proxies from holders of any Underlying Shares or other Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition of the securities which must be deposited for issuance of Receipts, or whenever the Trustee shall find it necessary or convenient in respect connection with the giving of any matternotice, solicitation of any consent or any other matter (including setting the record date for Holders responsible for any fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement), the Trustee shall Depositary shall, after consultation with the Company, fix a record date (athe “ADS Record Date”) for the determination of the Owners Holders of ADSs who shall be (i) entitled to receive such dividend or distribution or the net proceeds of the sale thereofdistribution, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent to exercise the rights of Holders with respect to such changed group number of SecuritiesShares represented by each American Depositary Share or for determining those Holders responsible for any fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee The Depositary shall use its make reasonable efforts to ensure that, establish the ADS Record Date as closely as possible to the extent practicable, the applicable record date set hereunder will be for the same as the record date set by the Deposited Securities Issuer(if any). Subject to applicable law and the provisions of Section 4.1 through 4.8 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, only the Owners Holders of ADSs at the close of business on such record date ADS Record Date shall be entitledentitled to receive such dividend or distribution, as the case may beto give such voting instructions, to receive the amount distributable by the Trustee with respect to such dividend notice or other distribution or the net proceeds of sale thereofsolicitation, or to give voting instructions, or to act in respect of any other such matter, or shall be obligated to pay such feeotherwise take action.

Appears in 1 contract

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of Holders of Deposited Securities entitled to receive any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights to be issued with respect to the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of Holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee shall Depositary shall, after consultation with the Company, ,fix a record date (awhich, to the extent practicable, shall be the same as any such record date fixed by the Company) for the determination of the Owners Holders of Receipts who shall be (i) entitled to receive such dividend or dividend, distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent to exercise the rights of Holders with respect to such changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set Shares represented by the Securities Issuereach American Depositary Share. Subject to the provisions of Section 4.02 through 4.08 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the. Holders of Receipts at the Owners close of business on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give such voting instructions, to receive such notice or to act in respect of any other such mattersolicitation, or shall be obligated to pay such feeotherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Manufacturas De Papel C a Manpa S a C a /Fi)

Fixing of Record Date. Whenever any a cash dividend or --------------------- other dividend, cash distribution shall become payable or any other distribution is made on Deposited Securities or rights to purchase Shares or other than cash shall securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Trustee Depositary receives notice of any that a meeting of of, or solicitation of consents or proxies from of, holders of any Underlying SecuritiesShares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee shall be charged by or charge against the Trustee under Section 5.6Owners, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee shall find Depositary otherwise finds it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be (i) entitled to receive such the benefit of that dividend or other distribution or the net proceeds of the sale thereofthose rights, (ii) who shall be entitled to give instructions to the Trustee for the exercise of voting rights at any such that meeting or solicitation or (iii) required to pay such feewho shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In Shares and the case of subsections (a)(i) and (a)(ii) of this Section 4.5Depositary shall not announce, without the Company’s consent, the Trustee shall use its reasonable efforts to ensure that, establishment of any record date prior to the extent practicable, the record date set hereunder will be the same as the record date set relevant corporate action having been made public by the Securities Issuer. Company.. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such a record date fixed by the Depositary shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such that dividend or other distribution or those rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give voting instructions, instructions or to act in respect of any the other such mattermatter for which that record date was fixed, or shall be obligated to pay such feeresponsible for that fee or charge, as the case may be.

Appears in 1 contract

Samples: Deposit Agreement (Wisekey International Holding S.A.)

Fixing of Record Date. Whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Trustee receives Deposited Securities, or whenever the Depositary shall receive notice of any meeting of or solicitation of proxies from holders of CPOs or other Deposited Securities or any Underlying Securities, meeting of holders of Shares with respect to which holders of Deposited Securities will be entitled to vote or whenever a fee shall be charged by the Trustee under Section 5.6give voting instructions, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsCPOs that are represented by each American Depositary Share, or whenever the Trustee Depositary shall find it necessary or convenient in respect of any matterconvenient, the Trustee Depositary shall fix a record date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend dividend, distribution or distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required responsible for any fee or charge assessed by the Depositary pursuant to pay such feethis Deposit Agreement, or (b) on or after which each Receipt American Depositary Share will represent such the changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerCPOs. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners on such record date shall be entitled, as the case may be, to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, or thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions, or instructions and to act in respect of any other such matter, or shall be obligated to pay such fee.

Appears in 1 contract

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Deposited Securities entitled to receive any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights to be issued with respect to the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee Depositary shall fix a record date (awhich to the extent practicable shall be the same record date set by the Company) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend or distribution dividend, distribution, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent whose Receipts shall evidence such changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Securities IssuerShares. Subject to the provisions of Sections 3.04 and 4.02 through 4.06 and to the other terms and conditions of the Depositary Trust this Deposit Agreement, the Owners Holders of Receipts at the close of business on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof, to exercise the rights of Holders hereunder with respect to such changed number of Shares, in proportion to the number of American Depositary Shares held by them respectively, or to give such voting instructions, to receive such notice or to act in respect of any other such mattersolicitation, or shall be obligated to pay such feeotherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Cable & Wireless Public Limited Co)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Bank for the determination of holders of Deposited Securities entitled to receive any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever Shares, any rights to be issued with respect to the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Deposited Securities, or whenever a fee shall be charged by the Trustee under Section 5.6other distribution, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the composition number of the securities which must be deposited for issuance of ReceiptsShares that are represented by each American Depositary Share, or whenever the Trustee Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient in respect connection with the giving of any notice, solicitation of any consent or any other matter, the Trustee shall Depositary shall, after consultation with the Bank, fix a record date (a) for the determination of the Owners Holders of Receipts (which, to the extent practicable; shall be the same corresponding record date for Shares or other Deposited Securities set by the Bank) who shall be (i) entitled to receive such dividend or dividend, distribution rights or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting meeting, or to give or withhold such consent, or to receive such notice or solicitation or (iii) required to pay such feeotherwise take action, or (b) on or after which each Receipt will represent to exercise the rights of Holders with respect to such changed group number of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set Shares represented by the Securities Issuereach American Depositary Share. Subject to the provisions of Sections 4.02 through 4.08 of the Deposit Agreement and to the other terms and conditions of this Receipt and the Depositary Trust Deposit Agreement, the Owners Holders of Receipts at the close of business in New York on such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Trustee Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereofthereof in proportion to the number of American Depositary Shares held by them respectively, or to give such voting instructions, to receive such notice or to act in respect of any other such mattersolicitation, or shall be obligated to pay such feeotherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Bank Bradesco)

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