Common use of Sale and Delivery of ADSs Clause in Contracts

Sale and Delivery of ADSs. The Company proposes to sell through or to the Manager, as sales agent and/or principal, up to $25,000,000 of ADSs from time to time during the term of this Agreement and on the terms set forth herein, provided, however in no event shall the Company issue or sell through the Manager such number of ADSs that exceeds the lesser of (a) the number or dollar amount of Ordinary Shares represented by ADSs registered on the Registration Statement pursuant to which the offering is being made, (b) the maximum number of Ordinary Shares represented by ADSs authorized for issuance representing the maximum number of authorized but unissued Ordinary Shares (less the number of Ordinary Shares or ADSs issuable upon exercise, conversion or exchange of any outstanding securities of the Company or otherwise reserved from the Company’s authorized share capital), and (c) the maximum number of Ordinary Shares represented by ADSs that may be offered and sold in accordance with the eligibility and transaction requirements for use of Form F-3, including, if applicable, General Instruction I.B.5 of Registration Statement on Form F-3 (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 2 on the number and aggregate sales price of ADSs sold under this Agreement shall be the sole responsibility of the Company and that the Manager shall have no obligation in connection with such compliance.

Sale and Delivery of ADSs. The Company proposes to issue and sell through or to the Manager, as sales agent and/or principal, up to $25,000,000 of ADSs from time to time during the term of this Agreement and on the terms set forth herein, provided, however in no event shall the Company issue or sell through the Manager such number of ADSs that exceeds up to the lesser of (a) the number or dollar amount of Ordinary Shares represented by ADSs registered on the Registration Statement pursuant to which the offering is being made, (b) the maximum number of Ordinary Shares represented by ADSs authorized for issuance representing the maximum number of authorized but unissued Ordinary Shares (less the number of Ordinary Shares or ADSs issuable upon exercise, conversion or exchange of any outstanding securities of the Company or otherwise reserved from the Company’s authorized share capital), and or (c) the maximum number of Ordinary Shares represented by ADSs that may be offered and sold in accordance with satisfy the eligibility and transaction requirements for use of Form F-3, including, if applicable, General Instruction I.B.5 of Registration Statement on Form F-3 (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 2 on the number and aggregate sales price of ADSs issued and sold under this Agreement shall be the sole responsibility of the Company and that the Manager shall have no obligation in connection with such compliance.

Sale and Delivery of ADSs. The Company proposes to issue and sell through or to the Manager, as sales agent and/or principal, up to $25,000,000 of ADSs from time to time during the term of this Agreement and on the terms set forth herein, provided, however in no event shall the Company issue or sell through the Manager up to such number of Ordinary Shares represented by ADSs that exceeds the lesser of does not exceed (a) the number or dollar amount of ADSs representing the amount of Ordinary Shares represented by ADSs registered on the Registration Statement Prospectus Supplement, pursuant to which the offering is being made, (b) the maximum number of Ordinary Shares represented by ADSs authorized for issuance hereunder and representing the maximum number of authorized but unissued Ordinary Shares (less the number of Ordinary Shares or ADSs issuable upon exercise, conversion or exchange of any outstanding securities of the Company or otherwise reserved from the Company’s authorized share capitalOrdinary Shares), and or (c) the number or dollar amount of ADSs representing the maximum number of Ordinary Shares represented by that would cause the Company or the offering of the ADSs that may be offered and sold in accordance with to not satisfy the eligibility and transaction requirements for use of Form F-3, including, if applicable, General Instruction I.B.5 of Registration Statement on Form F-3 (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 2 on the number and aggregate sales price of ADSs issued and sold under this Agreement shall be the sole responsibility of the Company and that the Manager shall have no obligation in connection with such compliance.

Sale and Delivery of ADSs. The Company proposes to issue and sell through or to the Manager, as sales agent and/or principal, up to $25,000,000 of ADSs from time to time during the term of this Agreement and on the terms set forth herein, provided, however in no event shall the Company issue or sell through the Manager up to such number of Ordinary Shares represented by ADSs that exceeds does not exceed the lesser of (a) the number or dollar amount of ADSs representing the amount of Ordinary Shares represented by ADSs registered on the Registration Statement Prospectus Supplement, pursuant to which the offering is being made, (b) the maximum number of Ordinary Shares represented that the Board, or a duly authorized committee thereof, is authorized by ADSs authorized for issuance representing the maximum number of authorized but unissued Ordinary Shares (less the number of Ordinary Shares or ADSs issuable upon exercise, conversion or exchange of any outstanding securities of the Company or otherwise reserved from the Company’s authorized share capital), shareholders to allot on a non-pre-emptive basis from time to time in accordance with the provisions of the Companies Act and (c) the number or dollar amount of ADSs representing the maximum number of Ordinary Shares represented by that would cause the Company or the offering of the ADSs that may be offered and sold in accordance with to not satisfy the eligibility and transaction requirements for use of Form F-3S-3, including, if applicable, General Instruction I.B.5 I.B.6 of Registration Statement on Form F-3 S-3 (the lesser such number of Ordinary Shares represented by ADSs that can be issued and sold under this Agreement under (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 2 on the number and aggregate sales price of ADSs issued and sold under this Agreement shall be the sole responsibility of the Company and that the Manager shall have no obligation in connection with such compliance.

Sale and Delivery of ADSs. The Company proposes to sell through or to the Manager, as sales agent and/or principal, up to $25,000,000 750,000,000 of ADSs from time to time during the term of this Agreement and on the terms set forth herein, provided, however in no event shall the Company issue or sell through the Manager such number of ADSs that exceeds the lesser of (a) the number or dollar amount of Ordinary Shares represented by ADSs registered on the Registration Statement pursuant to which the offering is being made, (b) the maximum number of Ordinary Shares represented by ADSs authorized for issuance representing the maximum number of authorized but unissued Ordinary Shares (less the number of Ordinary Shares or ADSs issuable upon exercise, conversion or exchange of any outstanding securities of the Company or otherwise reserved from the Company’s authorized share capital), and (c) the maximum number of Ordinary Shares represented by ADSs that may be offered and sold in accordance with the eligibility and transaction requirements for use of Form F-3, including, if applicable, General Instruction I.B.5 of Registration Statement on Form F-3 (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 2 on the number and aggregate sales price of ADSs sold under this Agreement shall be the sole responsibility of the Company and that the Manager shall have no obligation in connection with such compliance.