Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders or requests that the rights not be made available to Holders, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7, or determines it is not reasonably practicable to make the rights available to Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine whether it is lawful and reasonably practicable to sell such rights, in a riskless principal capacity, at such place and upon such terms (including public or private sale) as it may deem practicable. The Company shall assist the Depositary to the extent necessary to determine such legality and practicability. The Depositary shall, upon such sale, convert and distribute proceeds of such sale (net of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes) upon the terms set forth in Section 4.1.
Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders or requests that the rights not be made available to Holders, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 hereof or determines it is not lawful or reasonably practicable to make the rights available to Holders or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine whether it is lawful and reasonably practicable to sell such rights, and if it so determines that it is lawful and reasonably practicable, endeavour to sell such rights in a riskless principal capacity or otherwise, at such place and upon such terms (including public or private sale) as it may deem proper. The Company shall assist the Depositary to the extent necessary to determine such legality and practicability. The Depositary shall, upon such sale, convert and distribute proceeds of such sale (net of applicable fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(s) of the Depositary and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof.
Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders or requests that the rights not be made available to Holders, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 or determines it is not lawful or reasonably practicable to make the rights available to Holders, or
Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders or requests that the rights not be made available to Holders, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7, or determines it is not reasonably practicable to make the rights available to Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine whether it is lawful and reasonably practicable to sell such rights, in a riskless principal capacity, at such place and upon such terms (including public or private sale) as it may deem practicable. The Company shall assist the Depositary to the extent necessary to determine such legality and practicability. The Depositary will consult, to the extent practicable, with the Company as to the timing and manner of the sale of such rights and may enter into separate agreements with the Company or third parties to effect such sale. The Depositary shall, upon such sale, convert and distribute proceeds of such sale (net of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) applicable taxes) upon the terms set forth in Section 4.1.
Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders or requests that the rights not be made available to Holders, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 or determines it is not lawful or reasonably practicable to make the rights available to Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine whether it is lawful and reasonably practicable to sell such rights, and if it so determines that it is lawful and reasonably practicable, endeavor to sell such rights in a riskless principal capacity or otherwise, at such place and upon such terms (including public or private sale) as it may deem proper. The Company shall assist the Depositary to the extent necessary to determine such legality and practicability. The Depositary shall, upon such sale, convert and distribute proceeds of such sale (net of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes and governmental charges) upon the terms set forth in Section 4.1. Because Irish law presently does not contemplate the issuance of rights in negotiable form and the possibility of such issuance is unlikely, a liquid market for rights may not exist, and this may adversely affect (1) the ability of the Depositary to dispose of such rights or (2) the amount the Depositary would realize upon disposal of rights.
Sale of Rights. 4.1 Subject to payment by VGSL pursuant to Section 5.1 hereof in relation to the Initial Assets, FLAG hereby re-sells to VGSL with full title guarantee and free of all claims, liens, equities, charges and encumbrances:
Sale of Rights. 28 (c) Lapse of Rights ......................................... 29 Section 4.5 Distributions Other Than Cash, Eligible Securities or Rights to Purchase Eligible Securities ............................... 30 Section 4.6 Distributions with Respect to Deposited Securities in Bearer Form ................................................ 30 Section 4.7 Redemption .................................................... 31 Section 4.8 Conversion of Foreign Currency ................................ 31 Section 4.9 Fixing of ADS Record Date ..................................... 32 Section 4.10 Voting of Deposited Securities ................................ 33 (a) Voting by Shareholders .................................. 33 (b) Voting by ADS Holders ................................... 33 (c) Voting of Deposited Securities Upon ADS Holders' Instructions ............................... 34 (d) Management Proxy ........................................ 35 Section 4.11 Changes Affecting Deposited Securities ........................ 35
Sale of Rights. Holders of Rights who are unable or do not wish to exercise any or all of their Rights may instruct the Agent to sell any unexercised Rights. The Subscription Certificates representing the Rights to be sold by the Agent must be received on or before ____,2008. Upon the timely receipt of the appropriate instructions to sell Rights, the Agent will use its best efforts to complete the sale and will remit the proceeds of sale, net of commissions, to the holders. If the Rights can be sold, sales of the Rights will be deemed to have been effected at the weighted the average price received by the Agent on the day such Rights are sold. The selling Rights holder will pay all brokerage commissions incurred by the Agent. These sales may be effected by the Rights Agent through Gabelli & Company, Inc., (the "Dealer Manager") a registered broker-dealer and an affiliate of the Investment Adviser, at a commission of up to [$0.02] per Right, provided that, if the Agent is able to negotiate a lower brokerage commission with an independent broker, the Rights Agent will execute these sales through that independent broker. The Rights Agent will automatically attempt to sell any unexercised Rights that remain unclaimed as a result of Subscription Certificates being returned by the postal authorities as undeliverable as of the fourth Business Day prior to the Expiration Date. These sales will be made net of commissions on behalf of the nonclaiming holders of Rights. Proceeds from those sales will be held by American Stock Transfer & Trust Company, in its capacity as the Company's transfer agent, for the account of the nonclaiming holder of rights until the proceeds are either claimed or escheated. There can be no assurance that the Agent will be able to complete the sale of any of these Rights and neither the Fund nor the Agent has guaranteed any minimum sales price for the Rights. All of these Rights will be sold at the market price, if any, on the [NYSE or through an unaffiliated market maker if no market exists on the NYSE.]
Sale of Rights. 5.1 On and with effect from the Effective Date Plateau sells, cedes and makes over to Boikgantsho, which hereby purchases and accepts cession of the Prospecting Rights and the Plateau Project Information.
Sale of Rights. If (i) the Company and the Trustee-Manager, for and on behalf of the Trust do not jointly and timely request the Depositary to make the rights available to Holders or jointly request that the rights not be made available to Holders, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 or determines it is not lawful or reasonably practicable to make the rights available to Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine whether it is lawful and reasonably practicable to sell such rights, and if it so determines that it is lawful and reasonably practicable, endeavor to sell such rights in a riskless principal capacity or otherwise, at such place and upon such terms (including public or private sale) as it may deem proper. The Company and the Trustee-Manager, for and on behalf of the Trust shall jointly assist the Depositary to the extent necessary to determine such legality and practicability. The Depositary shall, upon such sale, convert and distribute proceeds of such sale (net of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes and governmental charges) upon the terms set forth in Section 4.1.
