Common use of Liability of Holder for Taxes Clause in Contracts

Liability of Holder for Taxes. If any tax or other governmental charge, including any tax payable on transfer, shall become payable by or on behalf of the Custodian, the Depositary or the Company with respect to this Receipt or any Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, such tax or other governmental charge shall be payable by the Holder hereof, who shall pay the amount thereof to the Depositary. The Depositary may, and upon instructions from the Company shall, (i) refuse to effect any registration of transfer of this Receipt or any split-up or combination thereof or any withdrawal of such Deposited Securities until such payment is made, or (ii) withhold or deduct from any distributions on such Deposited Securities or sell for the account of the Holder hereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the Holder hereof prior to such sale), and, after deduction for its reasonable expenses incurred in connection therewith, apply the net proceeds of any such sale in payment of such tax or other governmental charge, the Holder hereof remaining liable for any deficiency.

Appears in 3 contracts

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

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Liability of Holder for Taxes. If any tax or other governmental charge, including any tax taxes payable on transfer, shall become payable by or on behalf of the Custodian, the Depositary or the Company Bank with respect to this Receipt or any Deposited Securities the right to receive which is represented by the American Depositary Shares evidenced by this Receipt, such tax or other governmental charge shall be payable by the Holder hereof, who shall pay the amount thereof to the Depositary. The Depositary may, and upon instructions from the Company Bank shall, (i) refuse to effect any registration of transfer of this Receipt or any split-up or combination thereof or any withdrawal of such Deposited Securities until such payment is made, or (ii) withhold or deduct from any distributions on such Deposited Securities or sell for the account of the Holder hereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the Holder hereof prior to such sale), and, after deduction for its reasonable expenses incurred in connection therewith, apply the net proceeds of any such sale in payment of such tax or other governmental charge, the Holder hereof remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Banco Bilbao Vizcaya Argentaria, S.A.)

Liability of Holder for Taxes. If any tax or other governmental charge, including any tax payable on transfer, charge shall become payable by or on behalf of the Custodian, the Depositary or the Company Bank with respect to this any Receipt or any Deposited Securities the right to receive which is represented by the American Depositary Shares evidenced by this such Receipt, including any taxes payable on transfer, such tax or other governmental charge shall be payable by the Holder hereofof such Receipt, who shall pay the amount thereof to the Depositary. The Depositary may, and upon instructions from the Company Bank shall, (i) refuse to effect any registration of transfer of this such Receipt or any split-up or combination thereof or any withdrawal of such Deposited Securities until such payment is made, or (ii) withhold or deduct from any distributions on such Deposited Securities or sell for the account of the Holder hereof thereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the such Holder hereof prior to such sale), andand apply, after deduction for its reasonable expenses incurred in connection therewith, apply the net proceeds of any such sale in payment of such tax or other governmental charge, the Holder hereof of such Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Banco Bilbao Vizcaya Argentaria, S.A.)

Liability of Holder for Taxes. If any tax or other governmental charge, including any tax payable on transfer, charge shall become payable by or on behalf of the Custodian, the Depositary or the Company with respect to this any Receipt or any Deposited Securities Securities, the right to receive which is represented by the American Depositary Shares evidenced by this Receipthereby, including any taxes payable on transfer, such tax or other governmental charge shall be payable by the Holder hereof, who shall pay the amount thereof hereof to the Depositary. The Depositary may, and upon instructions from the Company shall, (i) refuse to effect any registration of transfer of this Receipt or any split-up or combination thereof hereof or any withdrawal of such Deposited Securities until such payment is made, or (ii) withhold or deduct from any distributions on such Deposited Securities Securities, or sell for the account of the Holder hereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the such Holder hereof prior to such sale), and, and apply after deduction for its reasonable expenses incurred in connection therewith, apply the net proceeds of any such sale in payment of such tax or other governmental charge, the Holder hereof remaining liable for any deficiencydefi­ciency.

Appears in 1 contract

Samples: Deposit Agreement (Svenska Cellulosa Aktiebolagot Sca /Fi)

Liability of Holder for Taxes. If any tax or other governmental charge, including any tax payable on transfer, shall become payable by or on behalf of the Custodian, the Depositary or the Company with respect to this Receipt or any Deposited Securities represented Represented by the American Depositary Shares evidenced by this Receipt, such tax or other governmental charge shall be payable by the Holder hereof, who shall pay the amount thereof to the Depositary. The Depositary may, and upon instructions from the Company shall, (i) refuse to effect any registration of transfer of this Receipt or any split-up or combination thereof or any withdrawal of such Deposited Securities until such payment is made, or (ii) withhold or deduct from any distributions on such Deposited Securities or sell for the account of the Holder hereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the Holder hereof prior to such sale), and, after deduction for its reasonable expenses incurred in connection therewith, apply the net proceeds of any such sale in payment of such tax or other governmental charge, the Holder hereof remaining liable for any deficiency.

Appears in 1 contract

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

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Liability of Holder for Taxes. If any tax or other governmental charge, including any tax payable on transfer, shall become payable by or on behalf of the Custodian, the Depositary or the Company with respect to this Receipt or any Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, such tax or other governmental charge shall be payable by the Holder hereof, who shall pay the amount thereof to the Depositary. The Depositary may, may and upon instructions from the Company shall, (i) refuse to effect any registration of transfer of this Receipt or any split-split up or combination thereof or any withdrawal of such Deposited Securities until such payment is made, or (ii) withhold or deduct from any distributions on such Deposited Securities or sell for the account of the Holder hereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the Holder hereof prior to such sale), and, after deduction for its reasonable expenses incurred in connection therewith, apply the net proceeds of any such sale in payment of such tax or other governmental charge, the Holder hereof remaining liable for any deficiency.

Appears in 1 contract

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

Liability of Holder for Taxes. If any tax or other governmental charge, including any tax payable on transfer, charge shall become payable by or on behalf of the Custodian, Custodian or the Depositary or the Company with respect to this any Receipt or any Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, such tax or other governmental charge shall be payable by the Holder hereofof such Receipt, who shall pay the amount thereof to the Depositary. The Depositary may, and upon instructions from the Company shall, (i) may refuse to effect any the registration of transfer of this such Receipt or any split-up or combination thereof or any withdrawal of such Deposited Securities until such payment is made, and may withhold or (ii) deduct from any distributions on such Deposited Securities until such payment is made, and may withhold or deduct from any distributions on such Deposited Securities or may sell for the account of the Holder hereof thereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the such Holder hereof prior to such sale), and, after deduction for its reasonable expenses incurred in connection therewith, and may apply the net cash or proceeds of resulting from any such sale in payment of such tax or other governmental charge, the Holder hereof of such Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Marks & Spencer Group p.l.c.)

Liability of Holder for Taxes. If any tax or other governmental charge, including any tax payable on transfer, charge shall become payable by or on behalf of the Custodian, the Depositary or the Company with respect to this any Receipt or any Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, including any taxes payable on transfer, such tax or other governmental charge shall be payable by the Holder hereofof such Receipt, who shall pay the amount thereof to the Depositary. The Depositary may, and upon instructions from the Company shall, (i) refuse to effect any registration of transfer of this such Receipt or any split-up or combination thereof or any withdrawal of such Deposited Securities until such payment is made, or (ii) withhold or deduct from any distributions on such Deposited Securities or sell for the account of the Holder hereof thereof any part or all of such Deposited Securities (after attempting by reasonable means to notify the such Holder hereof prior to such sale), andand apply, after deduction for its reasonable expenses incurred in connection therewith, apply the net proceeds of any such sale in payment of such tax or other governmental charge, the Holder hereof of such Receipt remaining liable for any deficiency.

Appears in 1 contract

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

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