We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Issuance of Receipts Sample Clauses

Issuance of Receipts. Upon receipt by the Trustee on behalf of the Trust of a certificate or certificates for the Preferred Securities, subject to the terms and conditions of this Trust Agreement, the Trustee, on behalf of the Trust, shall execute and deliver to DTC certificates evidencing the Receipts in the name of DTC's nominee, who shall thereupon be the initial Holder of Receipts.
Sample 1Sample 2Sample 3
Issuance of Receipts. In connection with the Exchange, upon receipt by the Trustee on behalf of the Trust of a certificate or certificates for the Preferred Securities, subject to the terms and conditions of this Trust Agreement, the Trustee on behalf of the Trust shall execute and deliver to the Exchange Agent certificates evidencing the Receipts for distribution to the former holders of Depositary Shares who shall thereupon be Holders of Receipts.
Sample 1Sample 2
Issuance of Receipts. (a) At the direction and instruction of the Issuer and upon the deposit of the Securities of a Holder, accompanied by documents as provided in Section 2.2, and upon payment of any tax or other governmental charge in respect of the deposit or of the transfer of such Securities, and payment of any fee of the Depositary provided for in Article X, the Depositary shall issue to the Holder thereof one or more Depositary Receipts for the Securities so deposited, in percentages and amounts as provided to the Depositary by the Issuer, but in no event for percentages less than three decimal points, and shall deliver such Receipt or Receipts to the Holder or, subject to the requirements of Section 3.1(b), to a Person designated by him. One Depositary Receipt shall be issued in a denomination evidencing all of the Securities so deposited by such Holder unless the Holder elects to have Receipts issued in smaller denominations, subject to Section 3.3(b). (b) If a Holder wishes to have any of its Securities registered in the name of, and the Depositary Receipt therefor issued to, another Person designated by it, the transaction shall be treated as a transfer and shall be governed by the provisions of Article IV, and the Holder and such Person shall comply with such requirements as the Issuer or the Depositary may impose, including the requirement that such Person execute a Transfer Application.
Sample 1
Issuance of Receipts. 5 - 3.2 Effect of Acceptance of Receipt.................................... - 5 - 3.3 Form of Receipts; Denominations; Execution......................... - 6 - 3.4 Numbering and Registration of Receipts............................. - 7 - 3.5 Combinations and Split-Ups of Receipts............................. - 7 - 3.6 Lost Receipts...................................................... - 7 - 3.7 Limitations on Execution and Delivery, Transfer, Surrender and Exchange of Receipts................................. - 7 - 3.8 Cancellation and Return or Destruction of Surrendered Receipts............................................... - 8 - 3.9 Supply of Certificates and Receipts................................ - 8 - 3.10 Filing Proofs, Certificates and Other Information........................................................ - 8 - 3.11 Refusal of Deposit, Transfer, Etc.................................. - 8 - 3.12 Registrar; Transfer Agent.......................................... - 9 - ARTICLE IV Transfer of Receipts 4.1 Transferability.................................................... - 9 - 4.2 Registration of Transfer of Receipts............................... - 10 - 4.3 Effect of Execution of Transfer Application by Transferee........................................................ - 10 - 4.4 Filing Notice of Transfers with Issuer............................ - 10 - ARTICLE V Pledge of Stock
Sample 1
Issuance of Receipts. Upon receiving (1) notice from the Agent of any deposit of Shares pursuant to section 2.02 hereof, or (ii) delivery of a Pre-Release Request sufficient cash and other required items pursuant to section 2.03 hereof, the Depositary, subject to the terms and conditions of this Deposit Agreement, including Exhibit B hereto, shall execute and deliver at its principal office for the administration of American Depositary Receipts in the Borough of Manhattan, The city of New York, to or upon the written order. of the person or persons named in the order delivered to the Depositary or the Agent, a Receipt or Receipts, issued in the name or names and for any authorized number of New York Shares requested by such person or persons representing the Shares so deposited, but only upon payment to the Depositary or the Agent of all Governmental Charges and transfer And registration fees payable in connection with such deposit or delivery and issuance. Notwithstanding anything to the contrary in this Section 2.04, the Depositary shall not issue Pre-Released Receipts except in accordance with the guidelines set forth in Exhibit Band Section 2.03 hereto and shall note on its records the amount of New York Shares evidenced by Pre-Released Receipts until such Receipts cease to be Pre-Released Receipts within the meaning of that tern as defined in Section 1.14 of ‘this Deposit Agreement.
Sample 1

Related to Issuance of Receipts

  • Upon Issuance of Additional Securities Upon the issuance by the General Partner of any Additional Securities (including pursuant to the General Partner’s distribution reinvestment plan) other than to all holders of REIT Shares, the General Partner shall contribute any net proceeds from the issuance of such Additional Securities and from any exercise of rights contained in such Additional Securities, directly and through the General Partner, to the Partnership in return for, as the General Partner may designate, Partnership Interests or rights, options, warrants or convertible or exchangeable securities of the Partnership having designations, preferences and other rights such that their economic interests are substantially similar to those of the Additional Securities; provided, however, that the General Partner is allowed to issue Additional Securities in connection with an acquisition of assets that would not be owned directly or indirectly by the Partnership, but if and only if, such acquisition and issuance of Additional Securities have been approved and determined to be in or not opposed to the best interests of the General Partner and the Partnership; provided further, that the General Partner is allowed to use net proceeds from the issuance and sale of such Additional Securities to repurchase REIT Shares pursuant to a share repurchase plan. Without limiting the foregoing, the General Partner is expressly authorized to issue Additional Securities for less than fair market value, and to cause the Partnership to issue to the General Partner corresponding Partnership Interests, so long as the General Partner concludes in good faith that such issuance is in the best interests of the General Partner and the Partnership. Without limiting the foregoing, if the General Partner issues REIT Shares of any Class for a cash purchase price and contributes all of the net proceeds of such issuance to the Partnership as required hereunder, the General Partner shall be issued a number of additional Partnership Units having the same Class designation as the issued REIT Shares equal to the number of such REIT Shares of that Class issued by the General Partner the proceeds of which were so contributed.

  • Issuance of Additional Securities Such Grantor will not permit or suffer the issuer of an Equity Interest constituting Pledged Collateral owned by it to issue additional Equity Interests, any right to receive the same or any right to receive earnings, except to such Grantor.

  • Issuance of Common Shares (a) Upon each vesting of the Restricted Stock Award without forfeiture, the Company shall cause a certificate or certificates to be issued to the Employee for the number of Common Shares under the Restricted Stock Award. Common Shares issued pursuant to this Agreement which have not been registered with the Securities and Exchange Commission shall bear substantially the following legend: (b) The Company shall not be required to transfer or deliver any certificate or certificates for Common Shares under this Agreement: (i) until after compliance with all then applicable requirements of law; and (ii) prior to admission of the Common Shares to listing on any stock exchange on which the Common Shares may then be listed. In no event shall the Company be required to issue fractional shares to the Employee or his or her successor.

  • Issuance of Bonds Subject to the satisfaction of and compliance with all of the provisions, covenants and requirements of this Agreement, in order to provide funds for the payment of the Project Costs, the Issuer has authorized the issuance and delivery of the Bonds to the Initial Purchaser in accordance with the Indenture.

  • Issuance of Warrant The issuance of the Warrant is duly authorized and will be validly issued, fully paid and non-assessable, and free from all taxes, liens, claims and encumbrances with respect to the issue thereof and shall not be subject to preemptive rights or other similar rights of shareholders of the Company and will not impose personal liability upon the holder thereof.

  • SALE AND ISSUANCE OF SHARES Subject to the terms and conditions of this Agreement, the Trustees agree to sell to the Purchaser, and the Purchaser agrees to purchase from the Trustees 8,028 common shares of beneficial interest, par value $0.001, representing undivided beneficial interests in the Trust (the "Shares") at a price per Share of $14.325 for an aggregate purchase price of $115,001.

  • Liability for Payment in Advance of Receipt of Securities Purchased In any and every case where payment for the purchase of Securities for the Fund is made by the Custodian in advance of receipt of the Securities purchased and in the absence of specified Written Instructions to so pay in advance, the Custodian shall be liable to the Fund for such payment.

  • Issuance of LTIP Units The General Partner may from time to time cause the Partnership to issue LTIP Units to Persons who provide services to the Partnership or the General Partner, for such consideration as the General Partner may determine to be appropriate, and admit such Persons as Limited Partners. Subject to the following provisions of this Section 4.04 and the special provisions of Sections 4.05 and 5.01(g), LTIP Units shall be treated as Common Units, with all of the rights, privileges and obligations attendant thereto. For purposes of computing the Partners’ Percentage Interests, holders of LTIP Units shall be treated as Common Unit holders and LTIP Units shall be treated as Common Units. In particular, the Partnership shall maintain at all times a one-to-one correspondence between LTIP Units and Common Units for conversion, distribution and other purposes, including, without limitation, complying with the following procedures: (i) If an Adjustment Event occurs, then the General Partner shall make a corresponding adjustment to the LTIP Units to maintain a one-for-one conversion and economic equivalence ratio between Common Units and LTIP Units. The following shall be “Adjustment Events”: (A) the Partnership makes a distribution on all outstanding Common Units in Partnership Units, (B) the Partnership subdivides the outstanding Common Units into a greater number of units or combines the outstanding Common Units into a smaller number of units, or (C) the Partnership issues any Partnership Units in exchange for its outstanding Common Units by way of a reclassification or recapitalization of its Common Units. If more than one Adjustment Event occurs, the adjustment to the LTIP Units need be made only once using a single formula that takes into account each and every Adjustment Event as if all Adjustment Events occurred simultaneously. For the avoidance of doubt, the following shall not be Adjustment Events: (x) the issuance of Partnership Units in a financing, reorganization, acquisition or other similar business Common Unit Transaction, (y) the issuance of Partnership Units pursuant to any employee benefit or compensation plan or distribution reinvestment plan or (z) the issuance of any Partnership Units to the General Partner in respect of a capital contribution to the Partnership of proceeds from the sale of Additional Securities by the General Partner. If the Partnership takes an action affecting the Common Units other than actions specifically described above as “Adjustment Events” and in the opinion of the General Partner such action would require an adjustment to the LTIP Units to maintain the one-to-one correspondence described above, the General Partner shall have the right to make such adjustment to the LTIP Units, to the extent permitted by law and by any Equity Incentive Plan, in such manner and at such time as the General Partner, in its sole discretion, may determine to be appropriate under the circumstances. If an adjustment is made to the LTIP Units, as herein provided, the Partnership shall promptly file in the books and records of the Partnership an officer’s certificate setting forth such adjustment and a brief statement of the facts requiring such adjustment, which certificate shall be conclusive evidence of the correctness of such adjustment absent manifest error. Promptly after filing of such certificate, the Partnership shall mail a notice to each LTIP Unitholder setting forth the adjustment to his or her LTIP Units and the effective date of such adjustment; and

  • Issuance of Shares The Conversion Shares are duly authorized and reserved for issuance and, upon conversion of the Note in accordance with its respective terms, will be validly issued, fully paid and non-assessable, and free from all taxes, liens, claims and encumbrances with respect to the issue thereof and shall not be subject to preemptive rights or other similar rights of shareholders of the Company and will not impose personal liability upon the holder thereof.

  • Sale and Issuance of Common Stock Subject to the terms ------------------------------------ and conditions of this Agreement, and in reliance upon the representations and warranties and covenants contained herein, the Investor agrees to purchase at the Closing, and the Company agrees to sell and issue to the Investor at the Closing (as defined herein), 1,541,261 shares of the Company's Common Stock, $.001 par value (the "Common Stock") for the aggregate purchase price of $15,412.61.

Most Referenced Clauses

Most Referenced Definitions