Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (A) has been sent to such person and has been returned undelivered or has not been cashed, or (B) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date shall be forfeited and shall revert to the Surviving Company.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Ocean Imagination L.P.), Agreement and Plan of Merger (Zhang Ray Ruiping), Agreement and Plan of Merger (Ctrip Investment Holding Ltd.)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (A) has been sent to such person and has been returned undelivered or has not been cashed, cashed or (B) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, applicable or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned to the Surviving Company Corporation on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date shall be forfeited and shall revert to the Surviving CompanyCorporation.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Shanda Games LTD), Merger Agreement (China Mobile Games & Entertainment Group LTD), Merger Agreement (Shanda Games LTD)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Applicable Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to the holders of the Shares or and ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicablethe case may be, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, ; or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person Person either (Aa) has been sent to such person and has been returned undelivered or has not been cashed, ; or (Bb) has not been sent to such person because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, ; or (iii) notice of the Company Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to holders of Dissenting Shareholders Shares and shareholders of the Company who are untraceable shall be returned (without duplication of any amounts held by the Paying Agent) to the Surviving Company on demand demand, and shall be held in a non-by the Surviving Company without interest bearing bank account for the benefit of holders of Dissenting Shareholders Shares and shareholders the holders of the Company (including holders of ADSs) Shares and ADSs who are untraceable. Monies unclaimed after a period Dissenting Shareholders and holders of seven years from Shares and ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Closing Date shall Merger within applicable time limits or limitation periods will be forfeited and shall revert advised to contact the Surviving Company.
Appears in 3 contracts
Samples: Merger Agreement (ChinaEquity USD Fund I L.P.), Merger Agreement (Cnshangquan E-Commerce Co., Ltd.), Merger Agreement (Mecox Lane LTD)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, Consideration shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if such holder (i) such person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, ; or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person holder either (Aa) has been sent to such person holder and has been returned undelivered or has not been cashed, ; or (Bb) has not been sent to such person holder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, ; or (iii) notice of the Company Shareholders’ Meeting convened to vote on the Merger has been sent to such person holder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares and ADSs who are untraceable shall be returned to the Surviving Company Corporation on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares and ADSs who are untraceable. Monies unclaimed after a period of seven years from the Closing Date date of the notice of the Company Shareholders’ Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and holders of Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Corporation.
Appears in 3 contracts
Samples: Merger Agreement (Sequoia Capital China I Lp), Merger Agreement (Chiu Na Lai), Merger Agreement (Le Gaga Holdings LTD)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (A) has been sent to such person Person and has been returned undelivered or has not been cashedcashed or, or (B) has not been sent to such person Person because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositaryor, as applicable, or (iiiC) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person Person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held Corporation in a separate non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares who are untraceable. Monies unclaimed after a period of seven (7) years from the Closing Date date of the notice of the Shareholders’ Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and holders of Shares who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should be advised to contact the Surviving Corporation.
Appears in 3 contracts
Samples: Merger Agreement (Newater Technology, Inc.), Merger Agreement (Camelot Information Systems Inc.), Merger Agreement
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, (as applicable, defined below) of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashedcashed or, or (B) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositaryor, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger Company shareholders meeting has been sent to such person shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held Corporation in a separate non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date date of the notice of the Shareholders Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and shareholders of the Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (China GrenTech CORP LTD), Merger Agreement (China GrenTech CORP LTD)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Exchange Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or including branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashedcashed or, or (B) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies In the event that monies due to Dissenting Shareholders holders of Dissenters Shares and shareholders of the Company who are untraceable exceed US$200,000, such monies and any monies which are returned (without duplication of any amounts held by the Exchange Agent) shall be returned to held by the Surviving Company on demand and held Corporation without interest in a non-interest bearing separate bank account for the benefit of Dissenting Shareholders holders of Dissenters Shares and shareholders of the Company (including holders of ADSs) who are untraceable. Monies Such monies unclaimed after a period of seven years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving Corporation. It is acknowledged that holders of Dissenters Shares and shareholders of the Company, who are untraceable and who, after the Effective Time, wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods, will be advised by the Exchange Agent, Parent or Merger Sub, as applicable, to contact the Surviving Corporation.
Appears in 2 contracts
Samples: Merger Agreement (E-House (China) Holdings LTD), Merger Agreement (China Real Estate Information Corp)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (Ax) has been sent to such person and has been returned undelivered or has not been cashed, or (By) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven (7) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.
Appears in 2 contracts
Samples: Merger Agreement (Tang Liang), Merger Agreement (Ossen Innovation Co. Ltd.)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (A) has been sent to such person Person and has been returned undelivered or has not been cashedcashed or, or (B) has not been sent to such person Person because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositaryor, as applicable, or (iiiC) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person Person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held Corporation in a separate non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares who are untraceable. Monies unclaimed after a period of seven (7) years from the Closing Date date of the notice of the Shareholders’ Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and holders of Shares who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should be advised to contact the Surviving Corporation.
Appears in 2 contracts
Samples: Merger Agreement (New Horizon Capital Iii, L.P.), Merger Agreement (Exceed Co Ltd.)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashed, cashed or (B) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned to the Surviving Company Corporation on demand and shall be held by the Surviving Corporation in a separate non-interest bearing bank account for the benefit of the Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date date of the notice of the Shareholders’ Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and shareholders of the Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Corporation.
Appears in 2 contracts
Samples: Merger Agreement (ChinaEdu CORP), Merger Agreement (ShangPharma Corp)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, Consideration shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if such holder (i) such person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, ; or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person holder either (Aa) has been sent to such person holder and has been returned undelivered or has not been cashed, ; or (Bb) has not been sent to such person holder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, ; or (iii) notice of the Company Shareholders’ Meeting convened to vote on the Merger has been sent to such person holder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares and ADSs who are untraceable shall be returned to the Surviving Company Corporation on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares and ADSs who are untraceable. Monies unclaimed after a period of seven (7) years from the Closing Date date of the notice of the Company Shareholders’ Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and holders of Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Corporation.
Appears in 2 contracts
Samples: Merger Agreement (NewQuest Asia Fund I, L.P.), Merger Agreement (China Hydroelectric Corp)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs Company Shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company Shareholder will be deemed to be untraceable if (ia) such person he has no registered address in the register of members (or branch register) shareholders maintained by the Company, or the Depositary, as applicable, or ; (iib) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person Company Shareholder either (Ai) has been sent to such person Company Shareholder and has been returned undelivered or has not been cashed, ; or (Bii) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, Company; or (iiic) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person Company Shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company Shareholders who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceableCompany. Monies unclaimed after a period of seven two years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and Company Shareholders who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (China Yida Holding, Co.), Merger Agreement (China Yida Holding, Co.)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (Ax) has been sent to such person and has been returned undelivered or has not been cashed, cashed or (By) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Company Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares or ADSs who are untraceable. Dissenting Shareholders and holders of Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Company. Monies unclaimed after a period of seven years from the Closing Date shall be forfeited and shall revert to the Surviving Company.
Appears in 2 contracts
Samples: Merger Agreement (Stealth BioTherapeutics Corp), Merger Agreement (Zhaopin LTD)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs Company Shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company Shareholder will be deemed to be untraceable if (ia) such person he has no registered address in the register of members (or branch register) maintained by the Company, or the Depositary, as applicable, or ; (iib) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person Company Shareholder either (Ai) has been sent to such person Company Shareholder and has been returned undelivered or has not been cashed, ; or (Bii) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, Company; or (iiic) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person Company Shareholder and has been returned undelivered. Monies due to Dissenting Company Shareholders and shareholders of the Company who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceableCorporation. Monies unclaimed after a period of seven two (2) years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and Company Shareholders who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Corporation.
Appears in 1 contract
Samples: Merger Agreement (Liu Tianwen)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, Consideration shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, or ; (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person holder either (Aa) has been sent to such person holder and has been returned undelivered or has not been cashed, ; or (Bb) has not been sent to such person holder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, ; or (iii) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares or ADSs who are untraceable as determined pursuant to the immediately foregoing sentence shall be returned by the Paying Agent or the Depositary, as applicable, to the Surviving Company on upon demand of the Surviving Company and held by the Surviving Company in a non-interest bearing bank account designated by the Surviving Company from time to time for the benefit of the Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares or ADSs who are untraceable. Monies remaining unclaimed in such designated bank account after a period of seven (7) years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and holders of Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Company.
Appears in 1 contract
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company, or the Depositaryor, as if applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (A) has been sent to such person and has been returned undelivered or has not been cashed, or (B) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date shall be forfeited and shall revert to the Surviving Company.
Appears in 1 contract
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (A) has been sent to such person Person and has been returned undelivered or has not been cashedcashed or, or (B) has not been sent to such person Person because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositaryor, as applicable, or (iiiC) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person Person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held Corporation in a non-separate non- interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares who are untraceable. Monies unclaimed after a period of seven (7) years from the Closing Date date of the notice of the Shareholders’ Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and holders of Shares who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should be advised to contact the Surviving Corporation.
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he, she or it has no registered address in the register of members (or branch register) maintained by the Company, or the Depositary, as applicable, or ; (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashed, cashed or (B) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies In the event that monies due to Dissenting Shareholders and shareholders who are untraceable exceeds two million U.S. dollars (US$2,000,000), such monies and any monies that are returned shall be held by the Surviving Company in a separate non-interest bearing account for the benefit of Dissenting Shareholders and shareholders who are untraceable. Monies remaining unclaimed after a period of seven (7) years from the date of the notice of the Shareholders Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned who subsequently wish to the Surviving Company on demand and held receive any monies otherwise payable in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders respect of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date shall Merger within applicable time limits or limitation periods will be forfeited and shall revert advised to contact the Surviving Company.
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, Consideration shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Exchange Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if such holder (i) such person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, ; or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person holder either (A) has been sent to such person holder and has been returned undelivered or has not been cashed, ; or (B) has not been sent to such person holder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, ; or (iii) notice of the Shareholders’ Company Shareholder Meeting convened to vote on the Merger has been sent to such person holder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares and ADSs who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares and ADSs who are untraceable. Monies unclaimed after a period of seven years from the Closing Date date of the notice of the Company Shareholder Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and holders of Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Company.
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Applicable Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to the holders of the Shares or and ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicablethe case may be, of their current contact detailsdetails prior to the Effective Time. A holder of the Shares or the ADSs will be deemed to be untraceable if (i) such person Person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, ; or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company Company, a check payable to such person either (Aa) has been sent to such person and has been returned undelivered or has not been cashed, ; or (Bb) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, Company; or (iii) notice of the Company Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to holders of Dissenting Shareholders Shares and shareholders of the Company who are untraceable shall be returned (without duplication of any amounts held by the Paying Agent) to the Surviving Company Corporation on demand demand, and shall be held in a non-by the Surviving Corporation without interest bearing bank account for the benefit of holders of Dissenting Shareholders Shares and shareholders the holders of the Company (including holders of ADSs) Shares and ADSs who are untraceable. Monies unclaimed after a period Dissenting Shareholders and holders of seven years from Shares and ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Closing Date shall Merger within applicable time limits or limitation periods will be forfeited and shall revert advised to contact the Surviving CompanyCorporation.
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Samples: Merger Agreement (SKY-MOBI LTD)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration payment in connection with Shares or the Per ADS Merger Consideration, as the case may be, Excluded Shares shall not be sent to holders of Shares or ADSs Company shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, (as applicable, defined below) of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the Company, or the Depositary, as applicable, Company or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashed, cashed or (B) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the ShareholdersCompany shareholders’ Meeting convened to vote on the Merger meeting has been sent to such person shareholder and has been returned undelivered. Monies Common Stock or monies due to Dissenting Shareholders (as defined below) and shareholders of the Company who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held in a separate non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies Common Stock or monies unclaimed after a period of seven years from the Closing Date date of the notice of the Parent Shareholders’ Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and shareholders of the Company who are untraceable who subsequently wish to receive any monies or Shares otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company.
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Samples: Merger Agreement (EastBridge Investment Group Corp)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, (as applicable, defined below) of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashed, cashed or (B) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the ShareholdersCompany shareholders’ Meeting convened to vote on the Merger meeting has been sent to such person shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held in a separate non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date date of the notice of the Shareholders’ Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and shareholders of the Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company.
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the Company, or the Depositary, as applicable, or ; (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashed, cashed or (B) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies In the event that monies due to Dissenting Shareholders and shareholders who are untraceable exceeds one million U.S. dollars (US$1,000,000), such monies and any monies that are returned shall be held by the Surviving Company in a separate non-interest bearing account for the benefit of Dissenting Shareholders and shareholders who are untraceable. Monies remaining unclaimed after a period of seven (7) years from the date of the notice of the Shareholders Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned who subsequently wish to the Surviving Company on demand and held receive any monies otherwise payable in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders respect of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date shall Merger within applicable time limits or limitation periods will be forfeited and shall revert advised to contact the Surviving Company.
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Exchange Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the CompanyCompany or, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person shareholder either (A) has been sent to such person shareholder and has been returned undelivered or has not been cashedcashed or, or (B) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies In the event that monies due to Dissenting Shareholders holders of Dissenters Shares and shareholders of the Company who are untraceable exceed $2,000,000, such monies and any monies which are returned shall be returned to held by the Surviving Company on demand and held Corporation in a non-interest bearing separate bank account for the benefit of Dissenting Shareholders holders of Dissenters Shares and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving Company.Corporation. It is acknowledged that holders of Dissenters Shares and shareholders of the Company who are untraceable who, after the Effective Time, wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised by the Exchange Agent, Parent or Merger Sub, as applicable, to contact the Surviving Corporation
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs Company Shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs Company Shareholder will be deemed to be untraceable if (ia) such person he has no registered address in the register of members (or branch register) maintained by the Company, or the Depositary, as applicable, or ; (iib) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person Company Shareholder either (Ai) has been sent to such person Company Shareholder and has been returned undelivered or has not been cashed, ; or (Bii) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, Company; or (iiic) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person Company Shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company Shareholders who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceableCorporation. Monies unclaimed after a period of seven two years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and Company Shareholders who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Corporation.
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Samples: Merger Agreement (Trina Solar LTD)
Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Amalgamation Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable and presumed to have received notice in accordance with Section 321 of the IBCA if (i) such person has no registered address in the register of members (or branch register) shareholders maintained by the Company, or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (A) has been sent to such person and has been returned undelivered or has not been cashed, cashed or (B) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger Amalgamation has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company who are untraceable shall be returned to the Surviving Company Corporation on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of seven ten years from the Closing Date shall be forfeited classified as “abandoned property” and shall revert transferred to the appropriate Governmental Authority in accordance with Section 256 of the IBCA. Once such transfer has been made, the Surviving CompanyCorporation shall be relieved of any liability to the beneficial owners thereof.
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs Company Shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs Company Shareholder will be deemed to be untraceable if (ia) such person he has no registered address in the register of members (or branch register) maintained by the Company, or the Depositary, as applicable, or ; (iib) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person Company Shareholder either (Ai) has been sent to such person Company Shareholder and has been returned undelivered or has not been cashed, ; or (Bii) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, Company; or (iiic) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person Company Shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company Shareholders who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceableCompany. Monies unclaimed after a period of seven two years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving Company. Dissenting Shareholders and Company Shareholders who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company.
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Untraceable and Dissenting Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company, Company or the Depositary, as applicable, or (ii) on the last two (2) consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (Ax) has been sent to such person and has been returned undelivered or has not been cashed, or (By) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders holders of the Company Shares or ADSs who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of such Dissenting Shareholders and shareholders of the Company (including holders of ADSs) Shares or ADSs who are untraceable. Dissenting Shareholders and holders of Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Company. Monies unclaimed after a period of seven years six (6) months from the Closing Date shall be forfeited and shall revert to the Surviving Company.
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