Common use of Fractional Shares and ADSs Clause in Contracts

Fractional Shares and ADSs. The Company hereby agrees that, notwithstanding anything to the contrary in the Deposit Agreement, the Company shall not deliver to the Depositary or the Custodian, and the Depositary shall not be required to accept under any circumstances (i) any fraction of a Restricted Share, nor (ii) a number of Restricted Shares that, upon application of the ADS-to-Share ratio, would give rise to a fraction of a Restricted ADS. Furthermore, the Depositary shall not be required to accept or distribute under any circumstances, any cash payments for fractional entitlements.

Appears in 3 contracts

Samples: Restricted Ads Letter Agreement (Citibank,N.A./ADR), Restricted Ads Letter Agreement (Citibank,N.A./ADR), Restricted Ads Letter Agreement (Citibank,N.A./ADR)

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Fractional Shares and ADSs. The Company hereby agrees that, notwithstanding Notwithstanding anything to the contrary in the Deposit Agreement, the Company shall will not deliver to the Depositary or the CustodianCustodian in connection with the issuance of Designated Restricted ADSs, and the Depositary shall not be required to accept under any circumstances (i) any fraction of a Restricted Designated Share, nor (ii) a number of Restricted Designated Shares that, which upon application of the ADS-to-ADS to Share ratio, ratio would give rise to a fraction of a Designated Restricted ADS. FurthermoreAlso, the Depositary shall not be required to accept or distribute under any circumstances, any cash payments for fractional entitlements.

Appears in 2 contracts

Samples: Restricted Ads Letter Agreement (Citibank,N.A./ADR), Restricted Ads Letter Agreement (Citibank,N.A./ADR)

Fractional Shares and ADSs. The Company hereby agrees that, notwithstanding Notwithstanding anything to the contrary in the Deposit Agreement, the Company shall will not deliver to the Depositary or the CustodianCustodian in connection with the issuance of Private Placement ADSs, and the Depositary shall not be required to accept under any circumstances (i) any fraction of a Restricted Private Placement Share, nor (ii) a number of Restricted Private Placement Shares that, which upon application of the ADS-to-ADS to Share ratio, ratio would give rise to a fraction of a Restricted Private Placement ADS. FurthermoreAlso, the Depositary shall not be required to accept or distribute under any circumstances, any cash payments for fractional entitlements.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Citibank,N.A./ADR), Restricted Ads Letter Agreement (Citibank,N.A./ADR)

Fractional Shares and ADSs. The Company hereby agrees that, notwithstanding Notwithstanding anything to the contrary in the Deposit Agreement, the Company shall will not deliver to the Depositary or the CustodianCustodian in connection with the issuance of Warrant ADSs, and the Depositary shall not be required to accept under any circumstances (i) any fraction of a Restricted Warrant Share, nor (ii) a number of Restricted Warrant Shares that, which upon application of the ADS-to-Share ratio, ratio would give rise to a fraction of a Restricted Warrant ADS. FurthermoreAlso, the Depositary shall not be required to accept or distribute under any circumstances, any cash payments for fractional entitlements.

Appears in 1 contract

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

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Fractional Shares and ADSs. The Company hereby agrees that, notwithstanding anything to the contrary in the Deposit Agreement, the Company shall or the Restricted Holder will not deliver to the Depositary or the Custodian, and the Depositary shall not be required to accept under any circumstances (i) any fraction of a Restricted Share, nor (ii) a number of Restricted Shares that, which upon application of the ADS-to-ADS to Share ratio, ratio would give rise to a fraction of a Restricted ADS. FurthermoreAlso, the Depositary shall not be required to accept or distribute under any circumstances, any cash payments for fractional entitlements.

Appears in 1 contract

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

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