Common use of Liability of Owner or Beneficial Owner for Taxes Clause in Contracts

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 26 contracts

Samples: Deposit Agreement (Telemar Participacoes S.A.), Deposit Agreement (Embratel Participacoes Sa), Deposit Agreement (Telemig Celular Participacoes Sa)

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Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 22 contracts

Samples: Deposit Agreement (Vivo Participacoes S.A.), Deposit Agreement (Telemar Participacoes S.A.), Deposit Agreement (Embratel Participacoes Sa)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary, and such Owner or Beneficial Owner shall be deemed liable therefor. The In addition to any other remedies available to it, the Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency. The obligations of Owners and Beneficial Owners under this Section 3.02 shall survive any transfer of Receipts pursuant to Section 2.04, any surrender of Receipts and withdrawal of Deposited Securities pursuant to Section 2.05, or the termination of this Deposit Agreement pursuant to Section 6.02.

Appears in 14 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary, and such Owner or Beneficial Owner shall be deemed liable therefor. The In addition to any other remedies available to it, the Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency. The obligations of Owners and Beneficial Owners under this Article 4 shall survive any transfer of Receipts pursuant to Section 2.04 of the Deposit Agreement, any surrender of Receipts and withdrawal of Deposited Securities pursuant to Section 2.05 of the Deposit Agreement, or the termination of the Deposit Agreement pursuant to Section 6.02 of the Deposit Agreement.

Appears in 10 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and pursuant to relevant laws and this Deposit Agreement, may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 9 contracts

Samples: Deposit Agreement (Huaneng Power International Inc), Deposit Agreement (Pan Sino International Holding LTD), Deposit Agreement (Artel Solutions Group Holdings LTD)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and pursuant to relevant laws and to the Deposit Agreement, may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 6 contracts

Samples: Deposit Agreement (Pan Sino International Holding LTD), Deposit Agreement (Beijing Beida Jade Bird Universal Sci-Tech CO LTD), Deposit Agreement (Chitaly Holdings LTD)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt Receipt, any American Depositary Share or any Deposited Securities represented by any American Depositary Share evidenced hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may may, and upon receipt of written instructions from the Company shall, refuse to effect any transfer of this such Receipt (or any combination or split-up hereof or combination thereof) or any transfer of this Receipt or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 5 contracts

Samples: American Depositary Receipt (Genetic Technologies LTD), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Cue Energy Resources Limited/Fi)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any registration of transfer of this such Receipt or any combination or split-up hereof or combination thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold or deduct any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such deductions, dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 4 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Inversiones Aguas Metropolitanas S.A.)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency. Every Owner and Beneficial Owner agrees to indemnify the Depositary, the Company, the Custodian, and any of their agents, officers, employees and affiliates for, and to hold each of them harmless from, any claims with respect to taxes (including applicable interest and penalties thereon) arising from any tax benefit obtained for such Owner and/or Beneficial Owner.

Appears in 3 contracts

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency. The Depositary shall make and maintain reasonable arrangements to enable Owners to receive tax credits, reduction in Swiss withholding tax or other benefits (pursuant to treaty or otherwise) relating to dividend payments received in respect of the Shares represented by the American Depositary Shares.

Appears in 3 contracts

Samples: Deposit Agreement (Logitech International Sa), Deposit Agreement (Logitech International Sa), Deposit Agreement (Logitech International Sa)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or such Receipt, any combination or split-up hereof of such Receipt or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Usinas Siderurgicas De Minas Gerais Sa Usiminas /Fi)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse refuse, and the Company shall be under no obligation, to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Triunfo Holding & Investments)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may may, to the extent necessary to satisfy such payments, sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale)charge, and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Buenaventura Mining Co Inc), Deposit Agreement (Buenaventura Mining Co Inc), Deposit Agreement (Buenaventura Mining Co Inc)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), ) and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Tele Norte Leste Participacoes Sa), Deposit Agreement (Telesp Participacoes Sa), Deposit Agreement (Tele Leste Celular Participacoes)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt Receipt, any American Depositary Share or any Deposited Securities represented herebyby any American Depositary Share evidenced by any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt (or any split up or combination or split-up hereof thereof) or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Norwood Abbey LTD), Deposit Agreement (Chemgenex Pharmaceuticals LTD)

Liability of Owner or Beneficial Owner for Taxes. The Depositary shall not be liable to the Company, any Owner or Beneficial Owner, or any other person for any tax or other governmental charge that is or may become payable in connection with the deposit or withdrawal of any Deposited Securities or the offer, sale, pledge or other transfer of Deposited Securities or the American Depositary Shares represented thereby. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Open Joint Stock Co Marganetsky Ore Mining & Processing Ente), Deposit Agreement (Ojsc Ordzhonikidzevsky Ore Mining & Processing Enterprise)

Liability of Owner or Beneficial Owner for Taxes. If any tax tax, duty or other governmental charge shall become payable by the Custodian or the Depositary with respect to any this Receipt or any Deposited Securities represented hereby, such tax tax, duty or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such this Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax tax, duty, or other governmental charge (and any taxes or and expenses arising out or incurred as a result of effecting any such sale), ) and the Owner or Beneficial Owner hereof shall will remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Akbank T.A.S.), Deposit Agreement (Bank of New York / Adr Division)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt Receipt, any American Depositary Share or any Deposited Securities represented by any American Depositary Share evidenced hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt (or any combination or split-up hereof or combination thereof) or any transfer of this Receipt or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Norwood Abbey LTD), Deposit Agreement (Chemgenex Pharmaceuticals LTD)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof Owners of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency. Every Owner and Beneficial Owner agrees to indemnify the Depositary, the Company, the Custodian, and any of their agents, officers, employees and affiliates for, and to hold each of them harmless from, any claims with respect to taxes (including applicable interest and penalties thereon) arising from any tax benefit obtained for such Owner and/or Beneficial Owner.

Appears in 2 contracts

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby the American Depositary Shares evidenced by any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any registration of transfer of this such Receipt (or any combination or split-up hereof or combination thereof) or any withdrawal of Deposited Securities represented by the American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributionsdistributions in respect of any Deposited Securities, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), ) and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Banco Hipotecario S.A.), Deposit Agreement (Banco Hipotecario S.A.)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge (including, without limitation, any U.K. stamp duty on the transfer of Shares to the Depositary or Custodian or their respective nominees) shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt Receipt, any American Depositary Share or any Deposited Securities represented herebyby any American Depositary Share evidenced by any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may may, and upon receipt of written instructions from the Company shall, refuse to effect any transfer of this such Receipt (or any split up or combination or split-up hereof thereof) or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Cue Energy Resources Limited/Fi)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge (including, without limitation, any applicable Stamp Taxes) shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge (including, without limitation, stamp taxes) shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any this Receipt or any Deposited Securities represented herebyby the Regulation S American Depositary Shares evidenced by this Receipt, such tax or other governmental charge shall will be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any registration of transfer of this Receipt (or any combination or split-up hereof or combination hereof) or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such this Receipt until such payment is made, and may withhold any dividends or other distributionsdistributions in respect of any Deposited Securities, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), ) and the Owner or Beneficial Owner hereof shall will remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Banco Hipotecario S.A.), Deposit Agreement (Banco Hipotecario S.A.)

Liability of Owner or Beneficial Owner for Taxes. If ------------------------------------------------ any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by Restricted American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the Restricted American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Restricted Deposit Agreement (CBT Group PLC), Restricted Deposit Agreement (CBT Group PLC)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse , and the Company shall be under no obligation, to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (British Sky Broadcasting Group PLC)

Liability of Owner or Beneficial Owner for Taxes. If any tax tax, duty or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax tax, duty or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax tax, duty, or other governmental charge (and any taxes or and expenses arising out or incurred as a result of effecting any such sale), ) and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Akbank T.A.S.)

Liability of Owner or Beneficial Owner for Taxes. The Depositary shall not be liable to the Company, any Owner or Beneficial Owner, or any other person for any tax or other governmental charge that is or may become payable in connection with the deposit or withdrawal of any Deposited Securities or the offer, sale, pledge or other transfer of Deposited Securities or the American Depositary Shares represented thereby. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Ojsc Ordzhonikidzevsky Ore Mining & Processing Enterprise), Deposit Agreement (Open Joint Stock Co Marganetsky Ore Mining & Processing Ente)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt Receipt, any American Depositary Share or any Deposited Securities represented by any American Depositary Share evidenced hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may may, and upon receipt of written instructions from the Company shall, refuse to effect any transfer of such Receipt (or any split- up or combination thereof) or any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.. 5

Appears in 1 contract

Samples: Deposit Agreement (Vri Biomedical LTD/Fi)

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Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge (including, without limitation, amounts in respect of any applicable Stamp Taxes) shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented by the American Depositary Shares evidenced hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Hilton Group PLC/Fi)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency. SECTION 3.3.

Appears in 1 contract

Samples: Deposit Agreement (Tele Norte Celular Participacoes Sa)

Liability of Owner or Beneficial Owner for Taxes. If any tax (including, without limitation, any amount in respect of any applicable stamp duty or stamp duty reserve tax or any successor tax thereto) or other governmental charge shall become payable by the Custodian Depositary or the Depositary Custodian with respect to any Receipt or any Deposited Securities Securi­ties represented herebyby any Receipt, such tax or other governmental governmen­tal charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the DepositaryDepositary for its benefit or for the benefit of the Custodian, as the case may be. The Depositary may refuse, or will refuse if so instructed by the Company, to effect ef­fect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities Secu­rities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities Securi­ties represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions distri­butions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable li­able for any deficiency.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or of other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), ) and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Telenorte Celular Participacoes Sa)

Liability of Owner or Beneficial Owner for Taxes. If any tax ------------------------------------------------ or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the the, Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Telesp Celular Participacoes Sa)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt Receipt, any American Depositary Share or any Deposited Securities represented by any American Depositary Share evidenced hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of such Receipt (or any split- up or combination thereof) or any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Chemgenex Pharmaceuticals LTD)

Liability of Owner or Beneficial Owner for Taxes. If any tax (including, without limitation, any amount in respect of any applicable stamp duty or stamp duty reserve tax or any successor tax thereto) or other governmental charge shall become payable pay­able by the Custodian Depositary or the Depositary Custodian with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the DepositaryDepositary for its benefit or for the benefit of the Custodian, as the case may be. The Depositary may refuse, or will refuse if so instructed by the Company, to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply ap­ply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiencydefi­ciency.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any registration of transfer of this such Receipt or any combination or split-up hereof or combination thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax tax, duty or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt this Receipt, ADS, or any Deposited Securities Property represented hereby, such tax tax, duty or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof Receipt, ADS, or any withdrawal of Deposited Securities Property represented by American Depositary Shares evidenced by such this Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities Property represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax tax, duty, or other governmental charge (and any taxes or and expenses arising out or incurred as a result of effecting any such sale), ) and the Owner or Beneficial Owner hereof shall will remain liable for any deficiency.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), ) and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Cyrela Commercial Properties S.A.)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may must apply such dividends or other distributions withheld or the proceeds of any such sale of Deposited Securities made under the this sentence in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale)charge, and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Cycle & Carriage LTD /Fi)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt Receipt, any American Depositary Share or any Deposited Securities represented herebyby any American Depositary Share evidenced by any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may may, and upon receipt of written instructions from the Company shall, refuse to effect any transfer of this such Receipt (or any combination or split-up hereof or combination thereof) or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Metal Storm LTD /Adr/)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositaryhereof. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any American Depositary Shares evidenced by a Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency. The Company shall have no liability for any such tax or other governmental charge.

Appears in 1 contract

Samples: Deposit Agreement (Holcim LTD/Fi)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any transfer of this such Receipt or any combination or split-up hereof thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), sale and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Embartel Participacoes Sa)

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any registration of transfer of this such Receipt or any combination or split-up hereof or combination thereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold or deduct any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof thereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such deductions, dividends or other distributions or the t he proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented hereby, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof to the Depositary. The Depositary may refuse to effect any transfer of this Receipt or any combination or split-up hereof or any withdrawal of Deposited Securities represented by American Depositary Shares evidenced by such Receipt until such payment is made, and may withhold any dividends or other distributions, or may sell for the account of the Owner or Beneficial Owner hereof any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof shall remain liable for any deficiency. Each Owner and Beneficial Owner agrees to indemnify the Depositary, the Company, the Custodian and any of their respective directors, employees, agents and affiliates against, and hold each of them harmless from, any claims by any governmental authority with respect to taxes, additions to tax, penalties or interest arising out of any refund of taxes, reduced rate of withholding at source or other tax benefit obtained.

Appears in 1 contract

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

Liability of Owner or Beneficial Owner for Taxes. If any tax or other governmental charge shall become payable by the Custodian or the Depositary with respect to any Receipt or any Deposited Securities represented herebyby the American Depositary Shares evidenced by any Receipt, such tax or other governmental charge shall be payable by the Owner or Beneficial Owner hereof of such Receipt to the Depositary. The Depositary may refuse to effect any registration of transfer of this such Receipt (or any combination or split-up hereof or combination thereof) or any withdrawal of Deposited Securities represented by the American Depositary Shares evidenced by such Receipt until such payment is made, and the Company and the Depositary may withhold or deduct from any dividends or other distributionsdistributions in respect of any Deposited Securities, or may sell for the account of the Owner or Beneficial Owner hereof thereof, any part or all of the Deposited Securities represented by the American Depositary Shares evidenced by this such Receipt, and may apply such dividends or other distributions or the proceeds of any such sale in payment of such tax or other governmental charge (and any taxes or expenses arising out of such sale), and the Owner or Beneficial Owner hereof of such Receipt shall remain liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (It Holding S P a /Fi)

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