Rights Distributions. In the event that the Company shall offer or cause to be offered to the holders of any Deposited Securities any rights to subscribe for additional Shares or any rights of any other nature, the Depositary shall (after consultation with the Company as to the procedure to be followed) make, as promptly as practicable, such rights available to any Owners, including the distribution of warrants or other instruments therefor in such form as it deems appropriate, or dispose of such rights on behalf of any Owners and distribute, as promptly as practicable, the net proceeds in Dollars to such Owners. If, by the terms of such rights offering or by reason of applicable law, the Depositary may neither make such rights available to any Owners, nor dispose of such rights and distribute the net proceeds to such Owners, then the Depositary shall allow the rights to lapse. If, at the time of the offering of any rights the Depositary determines, following consultation with the Company, that it is lawful and feasible to make such rights available to certain Owners but not to other Owners, (i) the Depositary shall distribute, as promptly as practicable, to every Owner with respect to whom it determines the distribution to be lawful and feasible, in proportion to the number of American Depositary Shares held by such Owner, warrants or other instruments therefor in such form as it deems appropriate and (ii) in respect of Owners to whom the Depositary determines the distribution not to be lawful or feasible, the Depositary shall use best reasonable efforts to sell the rights, warrants or other instruments in proportion to the number of American Depositary Shares held by such Owners and distribute the net proceeds of such sales (net of the fees of the Depositary as provided in Section 5.09 and all taxes and governmental charges payable in connection with such rights and subject to the terms and conditions of this Deposit Agreement) to such Owners upon an averaged or other fair and practicable basis without regard to any distinctions among such Owners resulting from exchange restrictions, the date of delivery of any Receipt or otherwise. In the event that rights and the securities to which such rights relate are not registered under the Securities Act of 1933, the Depositary shall not be responsible for any failure to determine that it may be lawful or feasible to make such rights available to Owners in general or to any Owner in particular. In circumstances in which rights would ...
Rights Distributions. Rights or warrants issued by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase capital stock of the Company, which rights or warrants (1) are deemed to be transferred with such shares of Common Stock, (2) are not exercisable and (3) are also issued in respect of future issuances of Common Stock, including shares of Common Stock issued upon exercise of the warrants, in each case in clauses (1) through (3) until the occurrence of a specified event, shall for purposes of subparagraphs (b)(ii) and (b)(iii) not be deemed issued until the occurrence of the earliest such specified event.
Rights Distributions. In the event that the Company shall offer or cause to be offered to the holders of any Shares any rights to subscribe for additional Shares, the Depositary shall, after consultation with the Company, have discretion as to the procedure to be followed in making such rights available to the Owners of Receipts or in disposing of such rights on behalf of such Owners and making the net proceeds available in U.S. dollars to such Owners; provided, however, that the Depositary will, if requested by the Company, take action as follows:
Rights Distributions. 9 SECTION 4.04.
Rights Distributions. In the event that the Company shall offer or cause to be offered to the holders of any Deposited Securities any rights to subscribe for additional Shares or any rights of any other nature, the Depositary shall following Consultation with the Company as to the procedure to be followed (i) make such rights available to the Holders entitled thereto as provided in clause (a) below, (ii) dispose of such rights on behalf of such Holders and make the net proceeds available in Dollars to such Holders as provided in clause (b) below or (iii) if by the terms of such rights offering or by reason of applicable law the Depositary can neither make such rights available to such Holders nor dispose of such rights and make the net proceeds available to such Holders, then the Depositary shall allow the rights to lapse. If at the time of the rights offering the Depositary determines, following Consultation with the Company:
Rights Distributions. In the event that the Company shall offer or cause to be offered to the holders of any Shares any rights to subscribe for additional Shares and the CPO Trustee, as a holder of Shares, offers to holders of CPOs the right to instruct the CPO Trustee to subscribe for such holders’ proportionate share of such additional Shares, the Depositary shall, after consultation with the Company, have discretion as to the procedure to be followed in making such rights available to the Owners of Receipts or in disposing of such rights on behalf of such Owners and making the net proceeds available in U.S. dollars to such Owners; provided, however, that the Depositary will, if requested by the Company, take action as follows:
Rights Distributions. (a) The Company (or the Disbursing Agent or other distribution agent on the Company's behalf) shall distribute to the Rights Agent the Rights Distributions to which the holders of the Rights are entitled pursuant to the terms of the Plan, including without limitation the Rights Terms Exhibit, which terms are expressly incorporated herein and made a part hereof. As set forth in the Rights Terms Exhibit, holders of Rights will be entitled to Rights Distributions from the Company in the form of distributions of cash or New Common Shares or combination of cash and New Common Shares (as the Company may elect in its sole discretion) in accordance with the terms and conditions of the Rights Terms Exhibit and the Plan after certain Recovery Thresholds (as defined in the Rights Terms Exhibit) are met.
Rights Distributions. If at any time the Company pays or makes a dividend or distribution on all or any portion of its Stock consisting of, or shall otherwise issue to all holders of its Stock, Options entitling the holders of Stock to subscribe for or purchase Stock at a price per share less than the then Current Market Price on the date fixed for the determination of shareholders entitled to receive such Options, the Exercise Price in effect at the opening of business on the day following the date fixed for such determination shall be decreased by multiplying such Exercise Price by a fraction, of which (i) the numerator shall be the number of shares of Stock outstanding at the close of business on the date fixed for such determination, plus the number of shares of Stock which the aggregate of the offering price of the total number of shares of Stock so offered for subscription or purchase would purchase at such Current Market Price, and (ii) the denominator shall be the number of shares of Stock outstanding at the close of business on the date fixed for such determination, plus the number of shares of Stock so offered for subscription or purchase, such decrease to become effective immediately after the opening of business on the day following the date fixed for such determination. For purposes of this Section 5(b), the number of shares of Stock at any time outstanding shall not include shares held in treasury of the Company (but shall include shares issuable in respect of scrip certificates, if any, issued in lieu of fractions of shares of Stock) unless the Company issues any Options in respect of Stock held in its treasury and does not agree not to exercise any such Options in respect of Stock held in treasury. If such Options are not so issued, the Exercise Price shall be re-adjusted to be the Exercise Price which would then be in effect if such date for the determination of shareholders entitled to receive such Options had not been fixed. In determining whether any Options entitle the holders thereof to subscribe for or purchase shares of Stock at less than the then Current Market Price, and in determining the aggregate offering price of such shares of Stock, there shall be taken into account any consideration received for such Options. The value of such consideration, if other than cash, shall be determined in the reasonable good faith judgment of the Board of Directors of the Company, whose determination shall be conclusive.
Rights Distributions. Upon conversion of any Debenture or a portion thereof, the Company shall make provision such that the Holder thereof shall receive, in addition to, and concurrently with the delivery of Common Stock, the rights described in any future shareholders’ rights plan(s) of the Company adopted by the Company; provided, however, that no such provision need be made if the rights have been separated from the Common Stock prior to the time of such conversion, but the provisions of Section 10.05(v) shall apply.
