Common use of Payment of Taxes or Other Governmental Charges Clause in Contracts

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 8 contracts

Samples: Deposit Agreement (Masco Corp /De/), Deposit Agreement (Masco Corp /De/), Deposit Agreement (Masco Corp /De/)

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Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any Receipt, (iib) the Depositary Shares evidenced by such Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 7 contracts

Samples: Deposit Agreement (Torchmark Capital Trust III), Deposit Agreement (McKesson Corp), Deposit Agreement (First State Bancorporation)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any this Receipt, (iib) the Depositary Shares evidenced by such this Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock or other securities received in connection with a conversion or exchange of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 6 contracts

Samples: Deposit Agreement (Mb Financial Inc /Md), Deposit Agreement (Itla Capital Corp), Deposit Agreement (Great Southern Capital Trust IV)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any Receipt, (iib) the Depositary Shares evidenced by such Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.064.6, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock or other securities received in connection with a conversion or exchange of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 5 contracts

Samples: Deposit Agreement (Mb Financial Inc /Md), Deposit Agreement (Great Southern Capital Trust IV), Deposit Agreement (First Financial Capital Trust II)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 5 contracts

Samples: Deposit Agreement (Masco Corp /De/), Deposit Agreement (Masco Corp /De/), Deposit Agreement (Masco Corp /De/)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any this Receipt, (iib) the Depositary Shares evidenced by such this Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.06, of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 4 contracts

Samples: Deposit Agreement (First State Bancorporation), Deposit Agreement (McKesson Corp), Deposit Agreement (Plum Creek Timber Co Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any Receipt, (iib) the Depositary Shares evidenced by such Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.064.6, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 4 contracts

Samples: Deposit Agreement (Immunomedics Inc), Deposit Agreement (Wynn Resorts LTD), Deposit Agreement (Yahoo Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any this Receipt, (iib) the Depositary Shares evidenced by such this Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 4 contracts

Samples: Deposit Agreement (Immunomedics Inc), Deposit Agreement (Wynn Resorts LTD), Deposit Agreement (Yahoo Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 4 contracts

Samples: Deposit Agreement (Freeport McMoran Copper & Gold Inc), Deposit Agreement (Sunamerica Capital Trust Iv), Deposit Agreement (Sunamerica Capital Trust Ii)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Sunamerica Inc), Deposit Agreement (Sunamerica Capital Trust Iv), Deposit Agreement (Sunamerica Capital Trust Ii)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Apache Corp), Deposit Agreement (Apache Corp), Deposit Agreement (Apache Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any this Receipt, (iib) the Depositary Shares evidenced by such this Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.064.06 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Torchmark Capital Trust III), Deposit Agreement (Unionbancal Finance Trust Iv), Deposit Agreement (Torchmark Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary or any Subdepositary with respect to (i) any Receipt or with respect to any Deposited Securities represented by any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) tax or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof Receipt to the DepositaryDepositary or such Subdepositary, as the case may be. Until Transfer or interchange of such Receipt or any withdrawal of Deposited Securities represented thereby may be refused until such payment is made, registration or transfer of and any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money dividends or other property, if any, represented by the Depositary Shares evidenced by such Receipt distributions may be refusedwithheld, any dividend or other distribution may be withheld and any part or all of the Stock or other property Deposited Securities represented by the Depositary Shares evidenced by such Receipt and not theretofore sold may be sold for the account of the holder thereof (after attempting attempting, in the case of holders of American Depositary Receipts by reasonable means to notify such holder prior to such sale). Any dividend , and such dividends or other distribution so withheld and distributions or the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder and record holder, if any, of such Receipt remaining liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Mitsui & Co LTD), Deposit Agreement (Mitsui & Co LTD), Deposit Agreement (Mitsui & Co LTD)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Preferred Stock (or any fractional interest therein) or other property represented by such Depositary Shares, Shares or (iv) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositaryhereof. Until such payment is made, registration transfer, redemption, [conversion] or transfer exchange of any this Receipt or any split-up or combination thereof or any withdrawal of the Preferred Stock or money or and other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Preferred Stock or other property represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Tele Communications Inc /Co/), Deposit Agreement (Tele Communications Inc /Co/), Deposit Agreement (Tele Communications Inc /Co/)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.6, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 3 contracts

Samples: Deposit Agreement (Apache Corp), Deposit Agreement (Apache Corp), Deposit Agreement (Apache Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Preferred Stock (or any fractional interest therein) or other property represented by such Depositary Shares, Shares or (iv) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositaryhereof. Until such payment is made, registration transfer, redemption, conversion or transfer exchange of any this Receipt or any split-up or combination thereof or any withdrawal of the Preferred Stock or money or and other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Preferred Stock or other property represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Ferro Corp), Deposit Agreement (Ferro Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any ReceiptReceipt or Depositary Share, (ii) the Depositary Shares evidenced by such Receipt, (iii) the or any Preferred Stock (or any fractional interest therein) or other property represented by such any Depositary Shares, or (iv) any transaction referred to in Section 4.06Share, such tax (including transfer, issuance or acquisition transfer taxes, if any) or governmental charge shall be payable by the holder of such ReceiptReceipt or of the Receipt evidencing such Depositary Share, who shall pay the amount thereof to the Depositaryexcept as provided in Section 5.08. Until Transfer of such Receipt or any withdrawal of such Preferred Stock may be refused until such payment is made, registration or transfer of and any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money dividends or other property, if any, represented by the Depositary Shares evidenced by such Receipt distributions may be refusedwithheld, any dividend or other distribution may be withheld and any part or all of the Preferred Stock or other property represented by the Depositary Shares evidenced by such Receipt and not theretofore sold may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend , and such dividends or other distribution so withheld and distributions or the proceeds of any such sale may be applied to any payment of any such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Mississippi Power Capital Trust Iii), Deposit Agreement (Infocure Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (McMoran Exploration Co /De/), Deposit Agreement (Freeport McMoran Copper & Gold Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Preferred Stock (or any fractional interest therein) or other property represented by such Depositary Shares, the exercise of any conversion right referred to in Section 2.11 of the Deposit Agreement or (iv) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder hereof provided that the Company shall pay any documentary, stamp or similar issue or transfer tax due on the issue of Common Stock upon conversion; and provided further that the holder of such Receipt, who Receipt shall pay the amount thereof of any tax which is due if the shares are to be issued in a name other than the Depositaryname of such holder. Until such payment is made, registration or transfer of any this Receipt or any split-up or combination thereof or any withdrawal of the Preferred Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld withheld, such conversion right may be refused and any part or all of the Preferred Stock or other property represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale)hereof. Any dividend or other distribution so withheld and or the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Ventas Inc), Deposit Agreement (Level 3 Communications Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.6, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock or other securities received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (R&b Falcon Corp), Deposit Agreement (Patterson Energy Inc)

Payment of Taxes or Other Governmental Charges. If any tax ---------------------------------------------- or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any Receipt, (iib) the Depositary Shares evidenced by such Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Torchmark Corp), Deposit Agreement (Leap Wireless International Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any Receipt, (iib) the Depositary Shares evidenced by such Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, Shares or (ivd) any transaction referred to in Section 4.064.6, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Securities received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Griffon Corp), Deposit Agreement (Clopay Building Products Company, Inc.)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock or other securities received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Patterson Energy Inc), Deposit Agreement (R&b Falcon Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any this Receipt, (iib) the Depositary Shares evidenced by such this Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.064.6 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Securities received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (Clopay Building Products Company, Inc.), Deposit Agreement (Griffon Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Adjustable Rate Depositary Shares evidenced by such this Receipt, (iii) the Stock (or any fractional interest therein) or other property represented by such Adjustable Rate Depositary Shares, Shares or (iv) any transaction referred to in Section 4.064.06 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositaryhereof. Until such payment is made, registration or transfer of any this Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if anyStock, represented by the Adjustable Rate Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Adjustable Rate Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 2 contracts

Samples: Deposit Agreement (El Paso Natural Gas Co), Agreement and Plan of Merger (El Paso Natural Gas Co)

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Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock or other securities received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Nabors Industries Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any Receipt, (iib) the Depositary Shares evidenced by such Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.064.6, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock or other securities received in connection with a conversion or exchange of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any 9NEXT PAGE such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Itla Capital Corp)

Payment of Taxes or Other Governmental Charges. If Except as ---------------------------------------------- otherwise noted herein and in the Deposit Agreement, if any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition transfer taxes, if any) or governmental charge shall be payable by the holder hereof. Transfer of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or and delivery of all money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refusedrefused until such payment is made, and any dividend dividends, interest payments or other distribution distributions may be withheld and on all or any part or all of the Stock or other property represented by the Depositary Shares evidenced by such relating to this Receipt and not theretofore sold may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend , and such dividends, interest payments or other distribution so withheld and distributions or the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Nationwide Health Properties Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.6, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Efm Programming Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution (including any distribution of proceeds from any redemption of the Stock) may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Freeport McMoran Copper & Gold Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other ---------------------------------------------- governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any this Receipt, (iib) the Depositary Shares evidenced by such this Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.06, of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Leap Wireless International Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.06 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Apache Corp)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.06 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock or other securities received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Nabors Industries Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock Preferred Shares (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock Preferred Shares or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock Preferred Shares or other property (including Ordinary Shares received in connection with a conversion or redemption of Preferred Shares) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Scottish Annuity & Life Holdings LTD)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) this Receipt or with respect to the Depositary Shares evidenced by such Receipt, (iii) hereby or with respect to the Preferred Stock (or any fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition transfer taxes, if any) or governmental charge shall be payable by the holder hereof, subject to certain exceptions in the Deposit Agreement. Transfer of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or transfer of any this Receipt or any split-up or combination thereof or any withdrawal of the Preferred Stock or and all money or and other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refusedrefused until such payment is made, and any dividend dividends, interest payments or other distribution distributions may be withheld and withheld, or any part or all of the Preferred Stock or other property represented by the Depositary Shares evidenced by such this Receipt and not theretofore sold may be sold for the account of the holder thereof (after attempting by reasonable means to notify hereof, and such holder prior to such sale). Any dividend dividends, interest payments or other distribution so withheld and distributions or the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Worldcom Inc /MS/)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock Preference Shares (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock Preference Shares or money or other property, if any, represented by the Depositary Shares evidenced by such Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock Preference Shares or other property (including Common Shares received in connection with a conversion or redemption of Preference Shares) represented by the Depositary Shares evidenced by such Receipt may be sold for the account of the holder thereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (MRH Capital Trust I)

Payment of Taxes or Other Governmental Charges. If Except as otherwise noted herein and in the Deposit Agreement, if any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.06, such tax (including transfer, issuance or acquisition transfer taxes, if any) or governmental charge shall be payable by the holder hereof. Transfer of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or transfer of any Receipt or any split-up or combination thereof or any withdrawal of the Stock or and delivery of all money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refusedrefused until such payment is made, and any dividend dividends, interest payments or other distribution distributions may be withheld and on all or any part or all of the Stock or other property represented by the Depositary Shares evidenced by such relating to this Receipt and not theretofore sold may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend , and such dividends, interest payments or other distribution so withheld and distributions or the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency. [INSERT THE FOLLOWING PARAGRAPH OR A MODIFIED VERSION THEREOF IF THE STOCK IS CONVERTIBLE.]

Appears in 1 contract

Samples: Deposit Agreement (American States Water Co)

Payment of Taxes or Other Governmental Charges. If any tax or ---------------------------------------------- other governmental charge shall become payable by or on behalf of the Depositary with respect to (ia) any this Receipt, (iib) the Depositary Shares evidenced by such this Receipt, (iiic) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (ivd) any transaction referred to in Section 4.06, of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (McKesson Financing Trust Iv)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or fractional interest therein) or other property represented by such Depositary Shares, or (iv) any transaction referred to in Section 4.064.6, of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such this Receipt, who shall pay the amount thereof to the Depositary. Until such payment is made, registration or of transfer of any this Receipt or any split-up or combination thereof hereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property (including Common Stock received in connection with a conversion or redemption of Stock) represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (Efm Programming Inc)

Payment of Taxes or Other Governmental Charges. If any tax or other governmental charge shall become payable by or on behalf of the Depositary with respect to (i) any this Receipt, (ii) the Depositary Shares evidenced by such this Receipt, (iii) the Stock (or any fractional interest therein) or other property represented by such Depositary Shares, Shares or (iv) any transaction referred to in Section 4.064.06 of the Deposit Agreement, such tax (including transfer, issuance or acquisition taxes, if any) or governmental charge shall be payable by the holder of such Receipt, who shall pay the amount thereof to the Depositaryhereof. Until such payment is made, registration or transfer of any this Receipt or any split-up or combination thereof or any withdrawal of the Stock or money or other property, if any, represented by the Depositary Shares evidenced by such this Receipt may be refused, any dividend or other distribution may be withheld and any part or all of the Stock or other property represented by the Depositary Shares evidenced by such this Receipt may be sold for the account of the holder thereof hereof (after attempting by reasonable means to notify such holder prior to such sale). Any dividend or other distribution so withheld and the proceeds of any such sale may be applied to any payment of such tax or other governmental charge, the holder of such this Receipt remaining liable for any deficiency.

Appears in 1 contract

Samples: Deposit Agreement (El Paso Energy Corp/De)

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