Common use of Surrender of Receipts and Withdrawal of Deposited Securities Clause in Contracts

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of the fee of the Depositary for the surrender of Receipts against withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement and the Deposited Securities, the Owner of such Receipt shall be entitled to (i) with respect to the CPOs evidenced by such Receipt, transfer, through Indeval, of such CPOs to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to or upon the order of such Owner, of any other Deposited Securities at the time represented by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securities) may be made by the delivery of certificates in the name of such Owner or as ordered by such Owner or by certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the transfer of the CPOs represented by such Receipt to an account in the name of the Owner or such other name as the Owner may direct and (ii) any other Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 hereof and pursuant to the other terms and conditions of this Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOs) at the time represented by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner so surrendering a Receipt, and for the account of such Owner, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented by such Receipts to the Depositary for delivery at 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.

Appears in 2 contracts

Samples: Deposit Agreement (Carso Global Telecom /Fi), Deposit Agreement (Grupo Carso Sa De Cv /Fi)

AutoNDA by SimpleDocs

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s 's Office of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of the fee of the Depositary for the surrender of Receipts against withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement Agreement, the Estatutos and the Deposited Securities, the Owner Holder of such Receipt shall be entitled to (i) with respect to the CPOs evidenced by such Receipt, electronic transfer, through Indeval, of such CPOs to an account at Indeval in the name of the Owner Holder or such other name as the Owner Holder may direct and (ii) physical delivery, to or upon the order of such OwnerHolder, of any other Deposited Securities at the time represented evidenced by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securitiesother than the CPOs) may be made by the delivery of certificates in the name of such Owner Holder or as ordered by such Owner Holder or by the delivery of certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner Holder thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the electronic transfer of the CPOs represented by such Receipt to an account in the name of the Owner Holder or such other name as the Owner Holder may direct and (ii) any other cause the Deposited Securities (other than CPOs) being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 3.04 hereof and pursuant to the other terms and conditions of this Deposit AgreementAgreement and the Estatutos, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOs) at the time represented evidenced by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s 's Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented evidenced by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner Holder so surrendering a Receipt, and for the account of such OwnerHolder, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented evidenced by such Receipts to the Depositary for delivery at the Depositary’s 's Office. Such direction shall be given by letter or, at the request, risk and expense of such OwnerHolder, by cable, telex or facsimile transmission.

Appears in 2 contracts

Samples: Deposit Agreement (Ica Corp), Deposit Agreement (Ica Corp)

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Corporate Trust Office of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of the fee of the Depositary for the surrender of Receipts against withdrawal of the Deposited Securities, and subject to the terms and conditions of this the Deposit Agreement and the Deposited Securities, the Owner of such Receipt shall be entitled to (i) with respect to the CPOs evidenced represented by such Receipt, transfer, transfer through Indeval, of Indeval such CPOs to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to or upon the order of such Owner, of any other Deposited Securities at the time represented by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securities) may be made by the delivery of certificates in the name of such Owner or as ordered by such Owner or by the delivery of certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the transfer of the CPOs represented by such Receipt to an account in the name of the Owner or such other name as the Owner may direct and (ii) any other Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 hereof of the Deposit Agreement and pursuant to the other terms and conditions of this the Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOs) at the time represented by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner so surrendering a Receipt, and for the account of such Owner, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented by such Receipts to the Depositary for delivery at the Depositary’s Corporate Trust Office. Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or facsimile transmission.

Appears in 2 contracts

Samples: Deposit Agreement (Carso Global Telecom /Fi), Deposit Agreement (Grupo Carso Sa De Cv /Fi)

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of the fee of the Depositary for the surrender of Receipts against withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement and the Deposited Securities, the Owner of such Receipt shall be entitled to (i) with respect to the CPOs represented by the American Depositary Shares evidenced by such Receipt, transfer, through Indeval, of such CPOs SharesCPOs to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to or upon the order of such Owner, of any other Deposited Securities at the time represented by the American Depositary Shares evidenced by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securities) may be made by the delivery of certificates in the name of such Owner or as ordered by such Owner or by certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the transfer of the CPOs SharesCPOs represented by the American Depositary Shares evidenced by such Receipt to an account in the name of the Owner or such other name as the Owner may direct and (ii) any other Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 hereof and pursuant to the other terms and conditions of this Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOsSharesCPOs) at the time represented by the American Depositary Shares evidenced by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented by the American Depositary Shares evidenced by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner so surrendering a Receipt, and for the account of such Owner, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOsSharesCPOs) represented by the American Depositary Shares evidenced by such Receipts to the Depositary for delivery at 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.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s 's Office of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of the fee of the Depositary for the surrender of Receipts against withdrawal of the Deposited Securities, and subject to the terms and conditions of this Deposit Agreement Agreement, the Estatutos and the Deposited Securities, the Owner of such Receipt shall be entitled to (i) with respect to the CPOs evidenced by such Receipt, electronic transfer, through Indeval, of such CPOs to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to or upon the order of such Owner, of any other Deposited Securities at the time represented evidenced by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securitiesother than the CPOs) may be made by the delivery of certificates in the name of such Owner or as ordered by such Owner or by the delivery of certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the electronic transfer of the CPOs represented by such Receipt to an account in the name of the Owner or such other name as the Owner may direct and (ii) any other cause the Deposited Securities (other than CPOs) being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 3.04 hereof and pursuant to the other terms and conditions of this Deposit AgreementAgreement and the Estatutos, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOs) at the time represented evidenced by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s 's Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented evidenced by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner so surrendering a Receipt, and for the account of such Owner, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented evidenced by such Receipts to the Depositary for delivery at the Depositary’s '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.

Appears in 1 contract

Samples: Deposit Agreement (Tv Azteca Sa De Cv)

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Principal Office of a the Depositary of this Receipt for the purpose of withdrawal of the Deposited Securities represented therebyhereby, and upon payment of (i) the fee of the Depositary for the surrender making of withdrawals and cancellation of Receipts against withdrawal of (as set forth on Exhibit B to the Deposited SecuritiesDeposit Agreement) and (ii) all fees, taxes and governmental charges payable in connection with such surrender and withdrawal, and subject to the terms and conditions of this the Deposit Agreement and article 3 hereof, the Company's Articles of Association (the "Articles") and the provisions of or governing the Deposited SecuritiesSecurities and other applicable laws, the Owner Holder of such this Receipt shall be entitled to (i) with respect to the CPOs evidenced by such Receipt, transfer, through Indeval, of such CPOs to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to him or upon the order of such Ownerhis order, of any other the Deposited Securities at the time represented evidenced by such this Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securities) may be made by the delivery of (a) certificates in the name of such Owner the Holder or as ordered by such Owner him or by certificates properly endorsed or accompanied by proper instruments of transfertransfer to the Holder or as ordered by him and (b) any other securities, property and cash to which the Holder is then entitled in respect of such Receipts to the Holder or as ordered by him. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by delay and, at the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the transfer option of the CPOs represented by such Receipt to an account in Holder hereof, either at the name office of the Owner Custodian or such other name as at the Owner may direct and (ii) any Principal office of the Depositary, provided that the forwarding of certificates evidencing Shares or other Deposited Securities being withdrawn to for such delivery shall be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 hereof and pursuant to the other terms and conditions of this Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOs) at the time represented by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner so surrendering a Receipt, and for the account of such Owner, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented by such Receipts to the Depositary for delivery at 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 transmissionHolder.

Appears in 1 contract

Samples: Deposit Agreement (Waste Management Inc)

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Corporate Trust Office of the Depositary of a Receipt for the purpose of withdrawal of the Deposited Securities represented therebyby the American Depositary Shares evidenced by such Receipt, and upon payment of the fee of the Depositary for the surrender of Receipts against as provided in Section 5.09 and payment of all taxes and governmental charges, if any, payable in connection with such surrender and withdrawal of the Deposited Securities, and subject to Section 3.05 and to the other terms and conditions of this Deposit Agreement and the Deposited SecuritiesAgreement, the Owner Company's Articles of Incorporation and applicable laws, the Holder of such Receipt shall be entitled to (i) with respect to the CPOs evidenced by such Receipt, transfer, through Indeval, of such CPOs to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to him or upon the order of such Ownerhis order, of any other the amount of Deposited Securities at the time represented by the American Depositary Shares evidenced by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securities) may be made by the delivery of (a) certificates in the name of such Owner Holder or as ordered by such Owner him or by certificates properly endorsed or accompanied by proper instruments of transfer, or other documents of title, to such Holder or as ordered by him and (b) any other securities, property and cash to which such Holder is then entitled in respect of such Receipts to such Holder or as ordered by him. Such delivery shall be made, as promptly as practicable, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose purposes may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and if the Owner Depositary so requires, the Holder thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the transfer of the CPOs represented by such Receipt to an account in the name of the Owner or such other name as the Owner may direct and (ii) any other Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall shall, as promptly as practicable, direct the Custodian to deliver at the Mexico City Seoul, Korea office of the such Custodian, subject to Sections 2.06, 3.01, 3.01 and 3.02 and 5.09 hereof and pursuant to the other terms and conditions of this Deposit AgreementAgreement and the Company's Articles of Incorporation and applicable laws, to or upon an agent in the written order Republic of Korea of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities (including evidence of transfer of represented by the CPOs) at the time represented American Depositary Shares evidenced by such Receipt, except that the Depositary may, in its discretionto the extent permitted by applicable law, make delivery to such person or persons at the Depositary’s Corporate Trust Office of the Depositary of any evidence of transfer, cash, dividends, dividends or distributions or rights with respect to the Deposited Securities represented by the American Depositary Shares evidenced by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner Holder so surrendering a Receipt, and for the account of such OwnerHolder, the Depositary Depositary, to the extent permitted by applicable law, shall direct the Custodian to transfer or forward any cash, rights cash or other property (other than rights) comprising, and to forward any a certificate or certificates certificates, if any, and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented by the American Depositary Shares evidenced by such Receipts 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 OwnerHolder, by cable, telex or facsimile transmission. The Depositary shall not accept for surrender a Receipt evidencing fewer than four American Depositary Shares. In the case of surrender of a Receipt evidencing a number of American Depositary Shares not evenly divisible by four, the Depositary shall make delivery as provided in this Section 2.05 of the appropriate whole number of Shares and other Deposited Securities represented by such American Depositary Shares and shall issue and deliver to the person surrendering such Receipt a new Receipt evidencing American Depositary Shares representing any remaining fractional Share. 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 4.08), or otherwise permit Shares to be withdrawn from the facility created hereby, except upon the receipt and cancellation of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Posco)

AutoNDA by SimpleDocs

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s Office of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of the fee of the Depositary for the surrender of Receipts against withdrawal of the Deposited Securities, and subject to the terms and conditions of this the Deposit Agreement and the Deposited Securities, the Owner of such Receipt shall be entitled to (i) with respect to the CPOs Shares evidenced by such Receipt, transfer, through Indeval, of such CPOs Shares to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to or upon the order of such Owner, of any other Deposited Securities at the time represented by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securities) may be made by the delivery of certificates in the name of such Owner or as ordered by such Owner or by certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the transfer of the CPOs Shares represented by such Receipt to an account in the name of the Owner or such other name as the Owner may direct and (ii) any other Deposited Securities being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 hereof of the Deposit Agreement and pursuant to the other terms and conditions of this the Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOsShares) at the time represented by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner so surrendering a Receipt, and for the account of such Owner, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOsShares) represented by such Receipts to the Depositary for delivery at 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.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender surrender, at the Principal Office of the Depositary’s Office , of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of (i) the fee charges of the Depositary for the surrender making of withdrawals and cancellation of Receipts against withdrawal of the Deposited Securities(as set forth at Section 5.09 and Exhibit B hereof) and (ii) all fees, stamp, transfer or other applicable taxes and governmental charges payable in connection with such surrender and withdrawal, and subject to the terms and conditions of this Deposit Agreement Agreement, the Company's Memorandum and Articles of Association, Section 7.08 hereof and any other provisions of or governing the Deposited SecuritiesSecurities and other applicable laws, the Owner Holder of such Receipt shall be entitled to (i) with respect to the CPOs evidenced by such Receipt, transfer, through Indeval, of such CPOs to an account at Indeval in the name of the Owner or such other name as the Owner may direct and (ii) physical delivery, to him or upon the order of such Ownerhis order, of any other the Deposited Securities at the time represented by the American Depositary Shares evidenced by such Receipt. Delivery Subject to the last paragraph of this Section 2.05, such Deposited Securities (if made by physical delivery of certificates for securities) may be made delivered in registered form or by electronic delivery. Such Deposited Securities may be delivered by the delivery of (a) certificates in the name of such Owner Holder or as ordered by such Owner him or by certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, transfer to such Holder or as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required ordered by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the transfer of the CPOs represented by such Receipt to an account in the name of the Owner or such other name as the Owner may direct him and (iib) any other Deposited Securities being withdrawn securities, property and cash to which such Holder is then entitled in respect of such Receipts to such Holder or as ordered by him. Delivery shall be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver made without unreasonable delay at the Mexico City principal office of the CustodianCustodian or, subject to Sections 2.06, 3.01, 3.02 and 5.09 hereof and pursuant to the other terms and conditions last paragraph of this Deposit AgreementSection 2.05, to or upon at the written order Principal Office of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOs) at the time represented by such Receipt, except that the Depositary may, in its discretion, make for further delivery to such person or persons at the Depositary’s Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner so surrendering a Receipt, and for the account of such Owner, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented by such Receipts to the Depositary for delivery at 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 transmissionHolder.

Appears in 1 contract

Samples: Deposit Agreement (Imperial Tobacco Group PLC)

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Depositary’s 's Office of a Receipt for the purpose of withdrawal of the Deposited Securities represented thereby, and upon payment of the fee of the Depositary for the surrender of Receipts against withdrawal of the Deposited Securities, and subject to the terms and conditions of this the Deposit Agreement Agreement, the Estatutos and the Deposited Securities, the Owner Holder of such Receipt shall be entitled to (i) with respect to the CPOs evidenced by such Receipt, electronic transfer, through Indeval, of such CPOs to an account at Indeval in the name of the Owner Holder or such other name as the Owner Holder may direct and (ii) physical delivery, to or upon the order of such OwnerHolder, of any other Deposited Securities at the time represented evidenced by such Receipt. Delivery of such Deposited Securities (if made by physical delivery of certificates for securitiesother than the CPOs) may be made by the delivery of certificates in the name of such Owner Holder or as ordered by such Owner Holder or by the delivery of certificates properly endorsed or accompanied by proper instruments of transfer. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purpose may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and the Owner Holder thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause (i) the electronic transfer of the CPOs represented by such Receipt to an account in the name of the Owner Holder or such other name as the Owner Holder may direct and (ii) any other cause the Deposited Securities (other than CPOs) being withdrawn to be delivered to or upon the written order of a person or persons designated in such order. Thereupon the Depositary shall direct the Custodian to deliver at the Mexico City office of the Custodian, subject to Sections 2.06, 3.01, 3.02 and 5.09 hereof 3.04 of the Deposit Agreement and pursuant to the other terms and conditions of this the Deposit AgreementAgreement and the Estatutos, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the Deposited Securities (including evidence of transfer of the CPOs) at the time represented evidenced by such Receipt, except that the Depositary may, in its discretion, make delivery to such person or persons at the Depositary’s 's Office of any evidence of transfer, cash, dividends, distributions or rights with respect to the Deposited Securities represented evidenced by such Receipt, or of any proceeds of sale of any such cash, dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and expense of any Owner Holder so surrendering a Receipt, and for the account of such OwnerHolder, the Depositary shall direct the Custodian to transfer or forward any cash, rights or other property comprising, and to forward any certificate or certificates and other proper documents of title for, the Deposited Securities (including evidence of transfer of the CPOs) represented evidenced by such Receipts to the Depositary for delivery at the Depositary’s 's Office. Such direction shall be given by letter or, at the request, risk and expense of such OwnerHolder, by cable, telex or facsimile transmission.

Appears in 1 contract

Samples: Deposit Agreement (Ica Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!