Common use of Sale of Rights Clause in Contracts

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.

Appears in 130 contracts

Samples: Deposit Agreement (Wing Yip Food Holdings Group LTD), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Wing Yip Food Holdings Group LTD)

AutoNDA by SimpleDocs

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 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 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 76 contracts

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

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.

Appears in 48 contracts

Samples: Deposit Agreement, Deposit Agreement, Deposit Agreement

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 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 35 contracts

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

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.

Appears in 18 contracts

Samples: Deposit Agreement, Deposit Agreement (Trivago N.V.), Deposit Agreement (Jianpu Technology Inc.)

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 determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, upon consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 11 contracts

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

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 5.7, or determines determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, upon consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 5 contracts

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

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 5.7, or determines it is not lawful or not reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine in its discretion but after consultation with the Company 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 4 contracts

Samples: Deposit Agreement (ASE Technology Holding Co., Ltd.), Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Advanced Semiconductor Engineering Inc)

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders Owners or requests that the rights not be made available to HoldersOwners, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 hereof 5.07 of the Agreement or determines it is not lawful or reasonably practicable to make the rights available to Holders Owners, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 it may endeavor to sell such rights in a riskless principal capacity or otherwisecapacity, 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 reasonably practicable 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.01 of the Agreement. The remittance of the net proceeds of any sale of rights to Owners shall not be unreasonably delayed by any action of the Depositary.

Appears in 4 contracts

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

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 5.7, or determines it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine determine, after consultation with the Company to the extent practicable, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 4 contracts

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

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 reasonably satisfactory documentation within the terms of Section 5.7 hereof or determines determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, upon consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist provide reasonable assistance to 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/or a division and (b) taxes or Affiliate(s) of the Depositary and taxes and/or other governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (British American Tobacco p.l.c.), Deposit Agreement (Citibank,N.A./ADR)

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 Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Depositary shall consult with 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/or a division or Affiliate(s(in each case, as set forth in Section 5.9 and Exhibit B hereof), (b) of the Depositary governmental charges and taxes and/or governmental charges(c) taxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

Samples: Deposit Agreement (Hutchison Telecommunications International LTD), Deposit Agreement (Hutchison Telecommunications International LTD), Deposit Agreement (Hutchison Telecommunications Hong Kong Holdings LTD)

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 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 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or any other governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Midatech Pharma PLC)

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 reasonably satisfactory documentation within the terms of Section 5.7 hereof 5.7, or determines determines, in consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, in consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division and (b) applicable taxes required to be withheld or Affiliate(s) of the Depositary and taxes and/or governmental chargespaid) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Teva Pharmaceutical Industries LTD), Deposit Agreement (Citibank,N.A./ADR)

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 5.7, or determines determines, upon consultation with the Company, that it is not lawful or reasonably practicable to make the rights available to Holders 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary taxes, duties and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

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

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 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 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof.

Appears in 3 contracts

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

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 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 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/or a division or Affiliate(sand (B) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

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

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders of ADSs or requests that the rights not be made available to HoldersHolders of ADSs, (ii) the Depositary fails to receive reasonably satisfactory documentation within the terms of Section 5.7 hereof or determines determines, upon consultation with the Company, that it is not lawful or reasonably practicable to make the rights available to Holders of ADSs, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary taxes required by applicable law to be deducted and taxes and/or governmental chargeswithheld) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

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

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 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (BCD Semiconductor Manufacturing LTD), Deposit Agreement (BCD Semiconductor Manufacturing LTD)

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 5.7, or determines it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine determine, after consultation with the Company to the extent practicable, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 3 contracts

Samples: Deposit Agreement (Loma Negra Compania Industrial Argentina Sociedad Anonima), Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Loma Negra Compania Industrial Argentina Sociedad Anonima)

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 Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist the Depositary to the extent necessary reasonably practicable 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1. The remittance of the net proceeds of any sale of rights to Holders shall not be unreasonably delayed by any action of the Depositary.

Appears in 3 contracts

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

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders Owners or requests that the rights not be made available to HoldersOwners, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 hereof 5.07 or determines it is not lawful or reasonably practicable to make the rights available to Holders Owners, 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.01.

Appears in 2 contracts

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

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 in consultation with the Company that it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine in consultation with the Company 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(s(as provided in Section 5.9 of this Deposit Agreement), and (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 2 contracts

Samples: Deposit Agreement (China Netcom Group CORP (Hong Kong) LTD), Deposit Agreement (China Netcom Group CORP (Hong Kong) LTD)

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 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/or a division or Affiliate(s) of the Depositary and (B) taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 2 contracts

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

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 determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, in consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist the Depositary to the extent reasonably 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 2 contracts

Samples: Deposit Agreement (Sumitomo Mitsui Financial Group, Inc.), Deposit Agreement (Citibank,N.A./ADR)

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 otherwise determines, after consultation with the Company if practicable, it is not lawful or reasonably practicable to make the rights available to Holders 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 2 contracts

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

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 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 (A) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (B) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 2 contracts

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

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 Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist the Depositary to the extent reasonably 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1. The remittance of the net proceeds of any sale of rights to Holders shall not be unreasonably delayed by any action of the Depositary.

Appears in 2 contracts

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

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders Owners or requests that the rights not be made available to HoldersOwners, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 hereof 5.07 of the Deposit Agreement or determines it is not lawful or reasonably practicable to make the rights available to Holders Owners, 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.01 of the Deposit Agreement.

Appears in 2 contracts

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

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 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 shall use reasonable efforts 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/or a division or Affiliate(sas provided for herein and (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 5.7, or determines determines, after consultation with the Company to the extent practicable, that it is not lawful or reasonably practicable to make the rights available to Holders 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall use reasonable efforts to 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or other governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division and (b) taxes withheld or Affiliate(s) of the Depositary and taxes and/or other governmental chargescharges paid or payable in conjunction with such conversion) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 reasonably satisfactory documentation within the terms of Section 5.7 hereof 5.7, or determines it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall (after consultation with the Company) 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properreasonably practicable. The Company shall assist the Depositary to the extent necessary to determine such legality and practicability. The Depositary shallshall promptly, 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1. The remittance of the net proceeds of any sale of rights to Holders shall not be unreasonably delayed by any action of the Depositary.

Appears in 1 contract

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

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 otherwise determines after consultation with the Company if practicable it is not lawful or reasonably practicable to make the rights available to Holders 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 5.7, or determines determines, after consultation with the Company, that it is not lawful or reasonably practicable to make the rights available to Holders 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall use reasonable efforts to 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/or a division or Affiliate(sand (b) of the Depositary taxes, duties and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 reasonably satisfactory documentation within the terms of Section 5.7 hereof 5.7, or determines determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine determine, upon consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist provide reasonably assistance to 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders Owners or requests that the rights not be made available to HoldersOwners, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 hereof 5.07 or determines it is not lawful or reasonably practicable to make the rights available to Holders Owners, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 it may endeavor to sell such rights in a riskless principal capacity or otherwisecapacity, 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 reasonably practicable 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.01. The remittance of the net proceeds of any sale of rights to Owners shall not be unreasonably delayed by any action of the Depositary.

Appears in 1 contract

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

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.. ​

Appears in 1 contract

Samples: Deposit Agreement (Lotus Technology Inc.)

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 reasonably satisfactory documentation within the terms of Section 5.7 hereof 5.7, or determines determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine determine, upon consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist provide reasonable assistance to 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/or a division and (b) taxes or Affiliate(s) of the Depositary and taxes and/or other governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

AutoNDA by SimpleDocs

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 Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 reasonably 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Depositary shall consult with 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/or a division or Affiliate(s(in each case, as set forth in Section 5.9 and Exhibit B hereto), (b) of the Depositary governmental charges and taxes and/or governmental charges(c) taxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

Samples: Deposit Agreement (Hutchison Telecommunications International LTD)

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 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 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.

Appears in 1 contract

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

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 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 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 determines, after consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargeswithheld) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 5.7, or determines determines, following consultation with the Company, that it is not lawful or reasonably practicable to make the rights available to Holders 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable in consultation with the Company. 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/or a division or Affiliate(sand (b) of the Depositary taxes, duties and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine determine, upon consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

Samples: Deposit Agreement (CLP Holdings LTD)

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 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 and, if it so determines that it is lawful and reasonably practicable, endeavour 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 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 reasonably 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 reasonably 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 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders Owners or requests that the rights not be made available to HoldersOwners, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 hereof 5.07 or determines it is not lawful or reasonably practicable to make the rights available to Holders Owners, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist the Depositary to the extent necessary reasonably practicable 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.01. The remittance of the net proceeds of any sale of rights to Owners shall not be unreasonably delayed by any action of the Depositary.

Appears in 1 contract

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

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 5.7, or determines determines, after consultation with the Company, that it is not lawful or reasonably practicable to make the rights available to Holders 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall use reasonable efforts to 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 determines, upon consultation with the Company, that it is not lawful or reasonably practicable to make the rights available to Holders 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 otherwisecapacity, at such place and upon such terms (including public or and private sale) as it may deem properpracticable. 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 5.08 or determines it is not lawful or reasonably practicable commercially feasible to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, determine whether it is lawful and reasonably practicable commercially feasible 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 otherwisecapacity, at such place places and upon such terms (including public or private sale) as it may deem properproper and commercially feasible. The Depositary shall consult with the Company shall assist the Depositary to the extent necessary to determine whether such legality actions are lawful and practicabilitycommercially feasible. 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.01.

Appears in 1 contract

Samples: Deposit Agreement (KB Financial Group Inc.)

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders or to consult or requests that the rights not be made available to Holders, (ii) the Depositary fails to receive reasonably 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 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 (a) fees and charges of, and expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

Samples: Deposit Agreement (easyJet PLC)

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 5.7, or determines determines, upon consultation with the Company, it is not lawful or reasonably practicable to make the rights available to Holders 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist the Depositary to the extent necessary to determine such legality and practicability. The If the Depositary determines to sell the rights, 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 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 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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.. ​ ​ ​ ​

Appears in 1 contract

Samples: Deposit Agreement (Lotus Technology Inc.)

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders Owners or requests that the rights not be made available to HoldersOwners, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 hereof 5.07 of the Agreement or determines it is not lawful or reasonably practicable to make the rights available to Holders Owners, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall shall, after consultation with the Company, 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist the Depositary to the extent necessary reasonably practicable 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.01 of the Agreement. The remittance of the net proceeds of any sale of rights to Owners shall not be unreasonably delayed by any action of the Depositary.

Appears in 1 contract

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

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 documentation satisfactory documentation to it within the terms of Section 5.7 hereof or determines it is not lawful or reasonably practicable to make the rights available to Holders 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 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 reasonably satisfactory documentation within the terms of Section 5.7 hereof 5.7, or determines it is not lawful or reasonably practicable to make the rights available to Holders Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall (after consultation with the Company) 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 otherwisecapacity, at such place and upon such terms (including public or private sale) as it may deem properpracticable. The Company shall assist the Depositary to the extent necessary to determine such legality and practicability. The Depositary shallshall promptly, 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/or a division or Affiliate(sand (b) of the Depositary and taxes and/or governmental chargestaxes) upon the terms set forth in Section 4.1 hereof4.1. The remittance of the net proceeds of any sale of rights to Holders shall not be unreasonably delayed by any action of the Depositary.

Appears in 1 contract

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

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 16 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 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 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 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 endeavor to sell such rights in a riskless principal capacity or otherwise, at such place and upon such terms (including public or and/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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

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 reasonably 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 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 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 reasonably 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 reasonable out of pocket expenses incurred by, the Depositary and/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

Sale of Rights. If (i) the Company does not timely request the Depositary to make the rights available to Holders or specifically 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 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 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/or a division or Affiliate(sand (b) of the Depositary taxes and taxes and/or governmental charges) upon the terms set forth in Section 4.1 hereof4.1.

Appears in 1 contract

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

Time is Money Join Law Insider Premium to draft better contracts faster.