Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 254 contracts
Samples: Deposit Agreement (Nova Minerals LTD), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 140 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 48 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Medigus Ltd.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him, her or it or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 48 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 40 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Wisekey International Holding S.A.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 29 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 28 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 26 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Grupo Supervielle S.A.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 22 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of the Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 21 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 14 contracts
Samples: Deposit Agreement (Suzano S.A.), Deposit Agreement (Uxin LTD), Deposit Agreement (Pepper Food Service Co., Ltd.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him, her or it or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered those American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 12 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Benitec Biopharma LTD/ADR), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates or account transfer in the name of such Owner or as ordered by him, but not with proper endorsement or accompanied by proper instruments or instructions of transfer to such Owner or pursuant to proper delivery instructions and (b) any money or other securities, property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of those American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner or such person or persons as instructed. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 11 contracts
Samples: Deposit Agreement (Fresenius Medical Care AG & Co. KGaA), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Hanwha Q CELLS Co., Ltd.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates or account transfer for Shares in the name of such Owner with proper endorsement or accompanied by proper instruments or instructions of transfer to such Owner or pursuant to proper delivery instructions and (b) any other securities, but not any money or other property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of those American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner or such person or persons as instructed. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. The Depositary shall not deliver the Deposited Securities except (i) upon surrender of American Depositary Shares under this Section 2.5, (ii) in a surrender of the Deposited Securities to another address specified the Company or its agent in a transaction to which Section 4.8 applies or (iii) in connection with a sale of the order received from the surrendering OwnerDeposited Securities permitted under Section 3.2, 4.3, 4.4, 4.11 or 6.2.
Appears in 9 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Tongjitang Chinese Medicines Co), Deposit Agreement (Home Inns & Hotels Management Inc.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, without unreasonable delay and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 8 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall shall, without unreasonable delay, direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 7 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Therapix Biosciences Ltd.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit AgreementAgreement and applicable laws and regulations, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall shall, without unreasonable delay, direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules applicable laws and practicesregulations, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office , subject to the terms and conditions of this Deposit Agreement and applicable laws and regulations. Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 7 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (MOL Global, Inc.), Deposit Agreement (MOL Global, Inc.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to that Owner or as instructed by to that Owner’s order, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the South African office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 6 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Sibanye Gold LTD)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary has been advised that, as of the date of this Deposit Agreement, under FEFTA, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares must obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may take up to 30 days to respond to applications for that pre-clearance. Accordingly, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares should apply or advise the persons to whom they intend to direct delivery of Shares to apply for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained. The Depositary has been further advised that, as of the date of this Deposit Agreement, under FEFTA, it must notify the applicable Japanese governmental authority within 45 days whenever it delivers deposited Shares upon a surrender of American Depositary Shares. The Company agrees to reimburse the Depositary for its expenses, including fees and expenses of counsel, for making required notifications of that kind.
Appears in 6 contracts
Samples: Deposit Agreement (Warrantee Inc.), Deposit Agreement (Lead Real Estate Co., LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit AgreementAgreement and applicable law, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.2, 4.3, 4.11 or 6.2 of this Agreement.
Appears in 6 contracts
Samples: Deposit Agreement (Ascendis Pharma a/S), Deposit Agreement (Ascendis Pharma a/S), Deposit Agreement (Forward Pharma a/S)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary shall direct the Custodian to make delivery of Deposited Securities and may charge the surrendering Owner a fee and the Depositary’s expenses for doing so.
Appears in 6 contracts
Samples: Deposit Agreement (Erytech Pharma S.A.), Deposit Agreement (Erytech Pharma S.A.), Deposit Agreement (Erytech Pharma S.A.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for doing so.
Appears in 6 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit AgreementAgreement and other applicable laws, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Subject to the last paragraph of this Section 2.05, but not such Deposited Securities may be delivered by delivery of (a) certificates in the name of such Owner or as ordered by it or by certificates properly endorsed or accompanied by proper instruments, of transfer to such Owner or as ordered by it and (b) any money or other securities, property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of such American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner or as ordered by it. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall shall, without unreasonable delay, direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement Agreement, the Estatuto Social and local market rules applicable laws and practicesregulations, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge may, to the surrendering Owner a fee and its expenses for giving that direction extent permitted by cable (including SWIFT) applicable law, make delivery to such person or facsimile transmission. If persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward (to the extent permitted by law) any cash or other property (other than rights or securities) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office , subject to the terms and conditions of this Deposit Agreement, the Estatuto Social and applicable laws and regulations. Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. ThereuponUpon satisfaction of the conditions set forth in this Section 2.5, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge deliver to that person or those persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Depositary’s Office any of those Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at time are held by the Depositary. At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for doing so.
Appears in 5 contracts
Samples: Deposit Agreement (Nabriva Therapeutics AG), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit AgreementAgreement and the Company’s statuts, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesthe Company’s statuts, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 5 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall shall, without unreasonable delay, direct the Custodian to deliverdeliver at the office of the Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement Agreement, the Company’s By-laws and local market rules applicable laws and practicesregulations, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge may, to the surrendering Owner a fee and its expenses for giving that direction extent permitted by cable (including SWIFT) applicable law, make delivery to such person or facsimile transmission. If persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) or securities comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary, subject to the terms and conditions of this Deposit Agreement, the Company’s Office By-laws and applicable laws and regulations. Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.02, 4.03, 4.11 or 6.02.
Appears in 4 contracts
Samples: Deposit Agreement (BrasilAgro - Brazilian Agricultural Real Estate Co), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. The Company has advised the Depositary that the laws of Kazakhstan, as of the date of this Deposit Agreement, impose the Equity Conditions for the ownership of the Shares. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to this Section and Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local laws, market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 4 contracts
Samples: Deposit Agreement, Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Joint Stock Co Kaspi.kz)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably practically made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Tfi Tab Gida Yatirimlari A.S.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon represented by those American Depositary Shares, or of any proceeds of sale of any dividends, distributions or rights, which may at the time be held by the Depositary. The Depositary shall not be required to accept the surrender of a number of American Depositary Shares for that would result in the purpose delivery of withdrawal, that delivery will be made at the Custodian’s office, except that, at a fraction of a Deposited Security. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Qihoo 360 Technology Co LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 4 contracts
Samples: Deposit Agreement (Piedmont Lithium LTD), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, without unreasonable delay and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicableapplicable and subject to the last sentence of this paragraph, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. For the avoidance of doubt, any Shares to another address specified in be delivered to the order received from of Owners upon the surrendering Ownersurrender of American Depositary Shares shall be delivered exclusively in dematerialized form.
Appears in 4 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Anheuser-Busch InBev S.A.), Deposit Agreement (Anheuser-Busch InBev S.A.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to that Owner or as instructed by to that Owner’s order, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the South African office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, except that the Depositary may make delivery to such person or persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to the Deposited Securities represented by those American Depositary Shares, or of any proceeds of sale of any dividends, distributions or rights, which may at the time be held by the Depositary, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Sibanye Stillwater LTD)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) CPOs in the name of such Owner or as ordered by him or CPOs properly endorsed or accompanied by proper instruments of transfer to such Owner or as ordered by him and (b) any other securities, but not any money or other property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of applicable American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner or as ordered by him. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Maxcom Telecommunications Inc), Deposit Agreement (Maxcom Telecommunications Inc)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. ThereuponThereupon the Depositary shall direct the Custodian or its agents to cause the transfer and recordation by the Russian Share Registrar on the Share Register of the Shares being withdrawn in the name of such Owner or as directed by him as above provided, and the Company shall ensure that such transfer and recordation is effected within 72 hours of the Russian Share Registrar’s receipt of such documentation as may be required by applicable law and the reasonable and customary regulations of the Russian Share Registrar. Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 3 contracts
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.62.06, 3.1 3.01 and 3.23.02, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to such Owner or as instructed by that Ownerat his instruction, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates or account transfer for Shares in the name of such Owner with proper endorsement or accompanied by proper instruments or instructions of transfer to such Owner or pursuant to proper delivery instructions and (b) any other securities, but not any money or other property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of those American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner or such person or persons as instructed. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. The Depositary shall not deliver the Deposited Securities except (i) upon surrender of American Depositary Shares under this Section 2.5, (ii) in a surrender of the Deposited Securities to another address specified the Company or its agent in a transaction to which Section 4.8 applies or (iii) in connection with a sale of the order received from the surrendering OwnerDeposited Securities permitted under Section 3.2, 4.3, 4.4, 4.11 or 6.2.
Appears in 3 contracts
Samples: Deposit Agreement (Trina Solar LTD), Deposit Agreement (Trina Solar LTD), Deposit Agreement (Trina Solar LTD)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, without unreasonable delay and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesapplicable laws, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Prima BioMed LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Company’s statuts and applicable law and regulation, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares as follows: (a) delivery of Shares to an account in the name of such Owner or such name as shall be designated by such Owner maintained by the Company or the Foreign Registrar, if applicable, in the case of Shares in registered form, or maintained by an accredited financial institution in the case of Shares in bearer form, of the amount of Deposited Securities at the time represented by surrendered American Depositary Shares, but not and (b) delivery of any money or other securities, property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of those American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner as ordered by such Owner. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.02 and 3.2, 3.03 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares evidenced by such Receipt to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Thomson), Deposit Agreement (Thomson)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) make delivery to such person or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made persons at the Custodian’s office, except that, at the request, risk and expense Corporate Trust Office of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian of any dividends or distributions with respect to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered those American Depositary Shares to the Depositary for delivery Shares, or of any proceeds of sale of any dividends, distributions or rights, which may at the time be held by the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates or account transfer for Shares in the name of such Owner or as ordered by him, but not with proper endorsement or accompanied by proper instruments or instructions of transfer to such Owner or pursuant to proper delivery instructions and (b) any money or other securities, property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of those American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner or such person or persons as instructed. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares evidenced by such Receipt, if applicable, to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. The Depositary shall not deliver the Deposited Securities except (i) upon surrender of Receipts under this Section 2.5, (ii) in a surrender of the Deposited Securities to another address specified the Company or its agent in a transaction to which Section 4.8 applies or (iii) in connection with a sale of the order received from the surrendering OwnerDeposited Securities permitted under Section 3.2, 4.3, 4.4, 4.11 or 6.2.
Appears in 3 contracts
Samples: Deposit Agreement (Simcere Pharmaceutical Group), Deposit Agreement (Simcere Pharmaceutical Group), Deposit Agreement (Simcere Pharmaceutical Group)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, without unreasonable delay and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If , except that the Depositary may make delivery to such person or persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicableapplicable and subject to the last sentence of this paragraph, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. For the avoidance of doubt, any Shares to another address specified in be delivered to the order received from of Owners upon the surrendering Ownersurrender of American Depositary Shares shall be delivered exclusively in dematerialized form.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Anheuser-Busch InBev SA/NV), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiontransmission as provided in Section 5.9. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary shall notify the Company if it appoints a co-transfer agent under this paragraph.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Biophytis SA), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since inasmuch as money or other property of that kind will be delivered paid or paid delivered, as applicable, on the scheduled payment or delivery date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Avadel Pharmaceuticals PLC), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary has been advised that, as of the date of this Deposit Agreement, under FEFTA, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares must obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may take up to 30 days to respond to applications for that pre-clearance. Accordingly, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares should apply or advise the persons to whom they intend to direct delivery of Shares to apply for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained. The Depositary has been further advised that, as of the date of this Deposit Agreement, under FEFTA, it must notify the applicable Japanese governmental authority within 45 days whenever it delivers deposited Shares upon a surrender of American Depositary Shares. The Company agrees to reimburse the Depositary for its expenses, including fees and expenses of counsel, for making required notifications of that kind.
Appears in 3 contracts
Samples: Deposit Agreement (Pixie Dust Technologies, Inc.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Pixie Dust Technologies, Inc.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the articles of association of the Company, and any other provisions of or governing the Deposited Securities and other applicable laws, the Owner of those American Depositary Shares shall be entitled to prompt delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian (without unreasonable delay) to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement Agreement, the articles of association of the Company, and any other provisions of or governing the Deposited Securities and other applicable laws and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. ThereuponUpon satisfaction of the conditions set forth in this section 2.5, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Silence Therapeutics PLC), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Silence Therapeutics PLC)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Nano Dimension Ltd./Adr)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.02, 4.03, 4.11 or 6.02.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall shall, without unreasonable delay, direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and applicable laws and regulations and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary shall direct the Custodian with respect to the delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for doing so.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Kitov Pharmaceuticals Holdings Ltd.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Company’s estatutos sociales or similar document and applicable law and regulation, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As The Depositary may require that a condition of accepting a surrender of American Depositary Shares Receipt surrendered for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be Securities is properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.02 and 3.2, 3.03 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares evidenced by such Receipt to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 3 contracts
Samples: Deposit Agreement (Gas Natural SDG Sa), Deposit Agreement (Gas Natural SDG Sa), Deposit Agreement (Gas Natural SDG Sa)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. Neither the Depositary nor the Custodian shall deliver Units, by physical delivery, book-entry transfer or otherwise (other than to the Company or its agent as contemplated by Section 4.8), or otherwise permit Units to be withdrawn from the facility created thereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.2, 4.3, 4.11, or 6.2 of this Deposit Agreement.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Getnet Adquirencia E Servicos Para Meios De Pagamento S.A.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary shall direct the Custodian to make delivery of Deposited Securities and may charge the surrendering Owner a fee and the Depositary's expenses for doing so.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of any American Depositary Shares Share for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and applicable laws and local market rules and practicesrules, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 3 contracts
Samples: Deposit Agreement (SHL Telemedicine LTD), Deposit Agreement (SHL Telemedicine LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, and the Company’s Articles of Incorporation and any other applicable law and regulation and to the extent delivery can then be practicably made, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, without unreasonable delay and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement Agreement, the Company’s Articles of Incorporation and local market rules and practices, to the surrendering Owner applicable laws or regulations now or hereinafter in effect to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If The Depositary may make delivery to such person or persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Takeda Pharmaceutical Co LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Notwithstanding the foregoing, to another address specified the extent that the Japanese Companies Act, the Articles of Incorporation of the Company or any other applicable Japanese law permits delivery of Shares only in Units, Owners will be entitled to surrender for the order received from purpose of withdrawal only a number of American Depositary Shares that represents an integral number of Units of Shares. Upon surrender for the surrendering Ownerpurpose of withdrawal of a number of American Depositary Shares that does not represent an integral number of Units of Shares, the Depositary will accept the surrender of that number of American Depositary Shares that does represent an integral number of Units of Shares and will deliver back to the Owner the remaining balance of American Depositary Shares that was surrendered.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Komatsu LTD)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Principal Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee fee, if any, of the Depositary for the surrender and cancellation of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner Holder of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, transfer of the amount Deposited Securities represented by the American Depositary Shares to an account in the name of such Holder or such person as shall be designated by such Holder maintained by the Custodian in the case of Deposited Securities at in registered form or maintained by an accredited financial institution in the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property case of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited SecuritySecurities in bearer form. That delivery Such transfer shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the The surrendering Owner Holder thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered transferred to an account in the name of the Holder or upon such name as shall be designated by such Holder maintained by the written order Custodian in the case of Deposited Securities in registered form or maintained by an accredited financial institution in the case of Deposited Securities in bearer form. The Depositary may require that a person Receipt surrendered for the purpose of withdrawal be properly endorsed or persons designated accompanied by proper instruments of transfer. Upon satisfaction of the conditions for withdrawal set forth above in that order. Thereuponthis Section 2.05, and subject to Sections 2.06, 3.01 and 3.02 hereof and to the other terms and conditions of this Deposit Agreement, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, effect the other terms and conditions transfer of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Principal Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon represented by those American Depositary Shares, or of any proceeds of sale of any dividends, distributions or rights, which may at the time be held by the Depositary. In the case of surrender of American Depositary Shares for by a Holder that has previously requested that a number of Shares represented by the purpose American Depositary Shares be held in registered form, the Depositary shall notify the Custodian of withdrawalsuch surrender. If physical delivery of Deposited Securities is available in lieu of the transfer described above, that delivery will be made at the Custodian’s office, except that, then at the request, risk and expense of an Owner any Holder so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that Ownersuch Holder, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, certificates and other proper documents of title, if any, for, for the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Principal Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Holder, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for the purpose of withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. Neither the Depositary nor the Custodian shall deliver Shares (other than as contemplated by Section 4.8), or otherwise permit Shares to be withdrawn from the facility created by this Deposit Agreement, except upon the surrender of American Depositary Shares or in connection with a sale of Shares permitted under Section 3.2, 4.3, 4.11 or 6.2.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Yintech Investment Holdings LTD)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delaydelay on the part of the Depositary. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (Sims Group LTD), Deposit Agreement (Sims Group LTD)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Company has represented and warranted as of the date of this Deposit Agreement that it has not conducted, does not conduct, and does not have any plan to conduct, any business (the “FEFTA Designated Business”) which would require a “foreign investor” (gaikoku txxxxxx), as defined in the FEFTA, to submit a notification to the Minister of Finance and any minister having jurisdiction over any business of the Company prior to its “inward direct investment, etc.” (tainai chokusetsu toshi tou), as defined in the FEFTA, relating to the Company pursuant to Article 27, Paragraph 1 of the FEFTA (the “FEFTA Pre-Notification”). The Depositary has been advised that, as of the date of this Deposit Agreement, if the Company does engage in any FEFTA Designated Business, under FEFTA, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares would be required to obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may take up to 30 days to respond to applications for that pre-clearance. Accordingly, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares under those circumstances should apply or advise the persons to whom they intend to direct delivery of Shares to apply for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (SYLA Technologies Co., Ltd.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose withdrawal of withdrawal the Deposited Securities to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the articles of association or similar document of the Company and the provisions of, or governing, the Deposited Securities and other applicable laws, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement Agreement, the articles of association or similar documents of the Company, and local market rules the provisions of, or governing, the Deposited Securities and practicesother applicable laws, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares, by physical delivery, book-entry or otherwise (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Owner.facility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.02, 4.03, 4.11 or 6.02. SECTION 2.06
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Tenaris Sa)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . The Depositary shall direct the Custodian with respect to delivery of Deposited Securities by cable (which may be through SWIFT) or facsimile transmission and may charge the surrendering Owner a fee and its expenses for doing so. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under and subject to the provisions of Section 3.02, 4.03, 4.11 or 6.02.
Appears in 2 contracts
Samples: Deposit Agreement (MiX Telematics LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliver, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the written request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if anyavailable, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the written request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (Edenor), Deposit Agreement (Edenor)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall shall, without unreasonable delay, direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall shall, without unreasonable delay, direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. Neither the Depositary nor the Custodian shall deliver Shares, by physical delivery, book entry or otherwise (other than to the Company or its agent as contemplated by Section 4.8), or otherwise permit Shares to be withdrawn from the facility created thereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.2, 4.3, 4.11, or 6.2 of this Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. Neither the Depositary nor the Custodian shall deliver Shares (other than to the Company or its agent as contemplated by Section 4.8), or otherwise permit Shares to be withdrawn from the facility created thereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.2, 4.3, 4.11, or 6.2 of this Deposit Agreement.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Vitru Brazil Ventures, Holdings & Trade Inc.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and other governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Rights, if any, shall be delivered to another address specified in the order received from the surrendering Ownersuch owner pursuant to Section 4.04.
Appears in 2 contracts
Samples: Deposit Agreement (Hikma Pharmaceuticals PLC), Deposit Agreement (Hikma Pharmaceuticals PLC)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to to, or as instructed by by, that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Criteo S.A.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall shall, without unreasonable delay, direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (Mazor Robotics Ltd.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all applicable taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit AgreementAgreement and the Articles, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to that Owner or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall shall, without unreasonable delay, direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesthe Articles, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale of the Shares in accordance with the provisions of Section 3.02, 4.03, 4.11 or 6.02.
Appears in 2 contracts
Samples: Deposit Agreement (Navios Maritime Holdings Inc.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (Osmetech PLC), Deposit Agreement (Osmetech PLC)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates or account transfer for Shares in the name of such Owner with proper endorsement or accompanied by proper instruments or instructions of transfer to such Owner or pursuant to proper delivery instructions and (b) any other securities, but not any money or other property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of those American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitysuch Owner or such person or persons as instructed. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that ordersuch order in the manner provided in the preceding paragraph. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. The Depositary shall not deliver the Deposited Securities except (i) upon surrender of American Depositary Shares under this Section 2.05, (ii) in a surrender of the Deposited Securities to another address specified the Company or its agent in a transaction to which Section 4.08 applies or (iii) in connection with a sale of the order received from the surrendering OwnerDeposited Securities permitted under Section 3.02, 4.03, 4.04, 4.11 or 6.02.
Appears in 2 contracts
Samples: Deposit Agreement (Agria Corp), Deposit Agreement (Agria Corp)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) to the extent evidenced by a Receipt, that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Gyroscope Therapeutics Holdings LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender and cancellation at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2, 3.2 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (Materialise Nv), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practicespractices and applicable regulations, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically (to the extent permitted by law) upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (MDxHealth SA), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for doing so.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit AgreementAgreement and the Company’s statuts, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesthe Company’s statuts, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale of the Shares in accordance with the provisions of Section 3.02, 4.03, 4.11 or 6.02.
Appears in 2 contracts
Samples: Deposit Agreement (Criteo S.A.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment to the Depositary of the fee of the Depositary for the surrender of American Depositary Shares Shares, as provided in Section 5.9 5.09, and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition For the avoidance of accepting a surrender doubt, the Company shall have no obligation to pay any fee, tax or charge referred to in the preceding sentence if the Company is not the Owner or Holder and is not receiving delivery of American Depositary Shares for the purpose of withdrawal of Deposited Securities, . A Receipt surrendered for such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of the Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under, and subject to the provisions of, Section 3.02, 4.03, 4.11 or 6.02.
Appears in 2 contracts
Samples: Deposit Agreement (Petrobras - Petroleo Brasileiro Sa), Deposit Agreement (Petrobras - Petroleo Brasileiro Sa)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and applicable laws and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Grupo Aeromexico, S.A.B. De C.V.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Company’s articles of association and any applicable laws and regulations, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) to the extent evidenced by a Receipt, that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement Agreement, the Company’s articles of association, any applicable laws and regulations and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the . The Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Rentokil Initial PLC /Fi)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment to the Depositary of the fee of the Depositary for the surrender of American Depositary Shares Shares, as provided in Section 5.9 5.09, and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition For the avoidance of accepting a surrender doubt, the Company shall have no obligation to pay any fee, tax or charge referred to in the preceding sentence if the Company is not the Owner or Holder and is not receiving delivery of American Depositary Shares for the purpose of withdrawal of Deposited Securities, . A Receipt surrendered for such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of the Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Owner.facility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under, and subject to the provisions of, Section 3.02, 4.03, 4.11 or 6.02. SECTION 2.06
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date . A Receipt surrendered for distribution to Owners has passed (since money or other property of that kind will such purposes may be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that required by the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliver, deliver at the office of such Custodian and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Depositary’s Office of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Depositary’s Office Office. Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 2 contracts
Samples: Deposit Agreement (GCL Silicon Technology Holdings Inc.), Deposit Agreement (GCL Silicon Technology Holdings Inc.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, without unreasonable delay and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) make delivery to such person or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made persons at the Custodian’s office, except that, at the request, risk and expense Corporate Trust Office of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian of any dividends or distributions with respect to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered those American Depositary Shares to the Depositary for delivery Shares, or of any proceeds of sale of any dividends, distributions or rights, which may at the time be held by the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Skype S.a r.l.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. The Depositary shall not deliver the Deposited Securities except (i) upon surrender of American Depositary Shares under this Section 2.05, (ii) in a surrender of the Deposited Securities to another address specified the Company or its agent in a transaction to which Section 4.08 applies or (iii) in connection with a sale of the order received from the surrendering OwnerDeposited Securities permitted under Section 3.02, 4.03, 4.04, 4.11 or 6.02.
Appears in 2 contracts
Samples: Deposit Agreement (LightInTheBox Holding Co., Ltd.), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this the Deposit Agreement, the Company’s articles of association and any applicable laws and regulations, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Sectionthe Deposit Agreement, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) to the extent evidenced by a Receipt, that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.23.2 of the Deposit Agreement, the other terms and conditions of this the Deposit Agreement Agreement, the Company’s articles of association, any applicable laws and regulations and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Rentokil Initial PLC /Fi), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since as money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondirection. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at At the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 2 contracts
Samples: Deposit Agreement (Novogen LTD), Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender to the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Section, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares for the purpose of withdrawal of Deposited Securities, the Depositary may require (i) that each surrendered Receipt be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that the surrendering Owner execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that order. Thereupon, the Depositary shall direct the Custodian to deliver, subject to Sections 2.6, 3.1 and 3.2, the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of an Owner surrendering American Depositary Shares for withdrawal of Deposited Securities, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the principal Hungarian office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares (evidenced by such Receipt, if applicable) to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 1 contract
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 Section 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in such order, and the Depositary may charge the surrendering Owner a fee and its expenses for giving that orderdirection by cable (including SWIFT) or facsimile transmission. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practices, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the articles of association or similar documents of the Company and the Deposited Securities, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission. Neither the Depositary nor the Custodian shall deliver Shares (other than to another address specified in the order received Company or its agent as contemplated by Section 4.08), or otherwise permit Shares to be withdrawn from the surrendering Ownerfacility created hereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.02, 4.03, 4.11 or 6.02.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 and payment of all taxes and governmental charges charges, if any, payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Company’s statuts and the Deposited Securities, the Owner of those American Depositary Shares shall be entitled to delivery (the transfer of the Deposited Securities to an account in the extent delivery can then name of such Owner or such name as shall be lawfully designated by such Owner maintained by the Company or its agent for registration and practicably made)transfer of Shares in the case of Shares in registered form, to or as instructed maintained by that Owneran accredited financial institution in the case of Shares in bearer form, of the amount of the Deposited Securities at the time represented by those the American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank blank, and (ii) that if the surrendering Depositary requires, the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered transferred to an account in the name of such Owner or upon such name as shall be designated by such Owner maintained by the written order Company or its agent in the case of a person Shares in registered form, or persons designated maintained by an accredited financial institution in that orderthe case of Shares in bearer form. Thereupon, the Depositary shall shall, in its discretion, effect the transfer of, or direct the Custodian to deliverCustodian, subject to Sections 2.6, 3.1 and 3.2, and to the other terms and conditions of this Deposit Agreement and local market rules and practicesthe Company’s statuts, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above providedeffect such transfer of, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any such dividends, that delivery will be made distributions or rights, which may at the Custodian’s officetime be held by the Depositary. In the event any delivery of Deposited Securities under this Section 2.5 would otherwise require delivery of fractional Deposited Securities, except thatthe Depositary may sell the amount of Deposited Securities corresponding to the aggregate of such fractions and distribute the net proceeds, at all in the manner and subject to the conditions described in Section 4.1. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, certificates and other proper documents of title, if any, for, or otherwise deliver the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 1 contract
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Company’s articles of incorporation or similar documents and any applicable laws and regulations (including the regulation of the Korea Securities Depository entitled “Regulation on Securities Deposit and Settlement”), the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to that Owner or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit AgreementAgreement and the requirements of Swedish law and the Company’s articles of association, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward forward, as promptly as practicable, any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 1 contract
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Company’s articles of association or similar documents and any applicable laws and regulations (including the regulation of the Korea Securities Depository entitled “Regulation on Securities Deposit and Settlement”), the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement and local market rules and practicesAgreement, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall shall, without unreasonable delay, direct the Custodian to deliverdeliver at the office of such Custodian, subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement Agreement, the Estatuto Social and local market rules applicable laws and practicesregulations, to the surrendering Owner or to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge may, to the surrendering Owner a fee and its expenses for giving that direction extent permitted by cable (including SWIFT) applicable law, make delivery to such person or facsimile transmission. If persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office , subject to the terms and conditions of this Deposit Agreement, the Estatuto Social and applicable laws and regulations. Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.
Appears in 1 contract
Samples: Deposit Agreement (CR2 Empreendimentos Imobili?rios S.A.)
Surrender of American Depositary Shares and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement, and the Company’s Articles of Incorporation, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. That Such delivery shall be made, as provided in this Sectionhereinafter provided, without unreasonable delay. As a condition of accepting a surrender of American Depositary Shares A Receipt surrendered for the purpose of withdrawal of Deposited Securities, such purposes may be required by the Depositary may require (i) that each surrendered Receipt to be properly endorsed in blank or accompanied by proper instruments of transfer in blank and (ii) that blank. The Depositary may require the surrendering Owner to execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in that such order. Thereupon, Thereupon the Depositary shall direct the Custodian to deliverdeliver at the office of such Custodian, without unreasonable delay and subject to Sections 2.62.06, 3.1 3.01 and 3.2, 3.02 and to the other terms and conditions of this Deposit Agreement Agreement, the Company’s Articles of Incorporation and local market rules and practices, to the surrendering Owner applicable laws now or hereinafter in effect to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the surrendered American Depositary Shares, and except that the Depositary may charge make delivery to such person or persons at the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) Corporate Trust Office of the Depositary of any dividends or facsimile transmission. If distributions with respect to the Deposited Securities are delivered physically upon surrender of represented by those American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of an any Owner so surrendering American Depositary Shares for withdrawal of Deposited SecuritiesShares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by facsimile transmission or to another address specified in the order received from the surrendering Ownerelectronic e-mail.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)