Common use of Untraceable Shareholders Clause in Contracts

Untraceable 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 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 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 (x) has been sent to such Person and has been returned undelivered or has not been cashed, or (y) 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. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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 4 contracts

Samples: Agreement and Plan of Merger (Qunar Cayman Islands Ltd.), Plan of Merger (E-Commerce China Dangdang Inc.), Agreement and Plan of Merger (Country Style Cooking Restaurant Chain Co., Ltd.)

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Untraceable 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 Ordinary 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 prior to the Effective Time. A holder of Ordinary Shares or 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 or the Depositaryor, 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 person either (x) has been sent to such Person person and has been returned undelivered or has not been cashedcashed or, or (y) has not been sent to such Person 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 Depositaryor, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person and has been returned undelivered. Dissenting Shareholders and holders of Ordinary Shares or ADSs who are untraceable and 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 4 contracts

Samples: Agreement and Plan of Merger (Chuanwei Zhang), Agreement and Plan of Merger (China Ming Yang Wind Power Group LTD), Agreement and Plan of Merger (Alibaba Group Holding LTD)

Untraceable 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 prior to the Effective Time. A holder of Shares or 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 or the Depositary, as applicableapplicable or, 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 (x) has been sent to such Person person and has been returned undelivered or has not been cashedcashed or, or (y) 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 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. Dissenting Shareholders and holders Holders of Shares or ADSs who are untraceable and 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 4 contracts

Samples: Agreement and Plan of Merger (Sogou Inc.), Agreement and Plan of Merger (Tencent Holdings LTD), Agreement and Plan of Merger (Sohu.com LTD)

Untraceable 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 Ordinary 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 prior to the Effective Time. A holder of Ordinary Shares or 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 or the Depositaryor, 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 person either (x) has been sent to such Person person and has been returned undelivered or has not been cashedcashed or, or (y) has not been sent to such Person 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 Depositaryor, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person and has been returned undelivered. Dissenting Shareholders and holders of Ordinary Shares or ADSs who are untraceable and 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 3 contracts

Samples: Agreement and Plan of Merger (Alibaba Group Holding LTD), Agreement and Plan of Merger (Ali YK Investment Holding LTD), Agreement and Plan of Merger (Youku Tudou Inc.)

Untraceable 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 Surviving Company, the Paying Agent or the Depositary, as applicable, of their current contact details prior to the Effective Time. A holder of Shares or 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 or the register of ADS holders maintained by 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 person either (x) has been sent to such Person person and has been returned undelivered or has not been cashed, cashed or (y) has not been sent to such Person 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 . Monies due to shareholders of the Shareholders’ Meeting convened Company (including holders of ADSs) who are untraceable shall be returned to vote the Surviving Company on demand and held in a non-interest bearing bank account for the Merger has been sent to such Person and has been returned undeliveredbenefit of shareholders of the Company (including holders of ADSs) who are untraceable. Dissenting Shareholders and holders Holders of Shares or ADSs who are untraceable and 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 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger, Agreement and Plan of Merger (China Index Holdings LTD)

Untraceable 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 prior to the Effective Time. A holder of Shares or 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 or the Depositaryor, 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 (x) has been sent to such Person person and has been returned undelivered or has not been cashedcashed or, or (y) 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 (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person and has been returned undelivered. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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 CompanyCorporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Lj International Inc), Agreement and Plan of Merger (Focus Media Holding LTD)

Untraceable 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 Exchange Agent or the Depositary, as applicable, of their current contact details 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 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 (x) has been sent to such Person and has been returned undelivered or has not been cashed, or (y) 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’ Company Shareholder Meeting convened to vote on the Merger has been sent to such Person and has been returned undelivered. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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 2 contracts

Samples: Agreement and Plan of Merger (Shanda Interactive Entertainment LTD), Agreement and Plan of Merger (Ku6 Media Co., LTD)

Untraceable 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 prior to the Effective Time. A holder of Shares or 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 or the Depositary, as applicableapplicable or, 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 (x) has been sent to such Person person and has been returned undelivered or has not been cashedcashed or, or (y) 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 Depositary, as applicable, or or, (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person and has been returned undelivered. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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 CompanyCorporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wang Benson Haibing), Agreement and Plan of Merger (Taomee Holdings LTD)

Untraceable 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 prior to the Effective Time. A holder of Shares or 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 or the Depositary, as applicableapplicable or, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such Person person either (x) has been sent to such Person person and has been returned undelivered or has not been cashedcashed or, or (y) has not been sent to such Person 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 or, (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person and has been returned undelivered. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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 CompanyCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mindray Medical International LTD)

Untraceable 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 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 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 (x) has been sent to such Person and has been returned undelivered or has not been cashed, or (y) 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. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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

Samples: Agreement and Plan of Merger (E-House (China) Holdings LTD)

Untraceable 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 prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such Person person has no registered address in the register list of members (or branch register) shareholders maintained by the Company or the Depositaryits transfer agent or, 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 person either (x) has been sent to such Person person and has been returned undelivered or has not been cashedcashed or, or (y) has not been sent to such Person 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 Depositaryor, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person and has been returned undelivered. Holders of Dissenting Shareholders Shares and holders of Shares or ADSs who are untraceable and 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 CompanyCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sino Gas International Holdings, Inc.)

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Untraceable 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 prior to the Effective Time. A holder of Shares or 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 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 (x) has been sent to such Person person and has been returned undelivered or has not been cashed, or (y) 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 Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person and has been returned undelivered. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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

Samples: Agreement and Plan of Merger (Kongzhong Corp)

Untraceable 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 prior to the Effective Time. A holder of Shares or 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 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 person either (x) has been sent to such Person person and has been returned undelivered or has not been cashed, cashed or (y) has not been sent to such Person 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 person and has been returned undelivered. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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

Samples: Agreement and Plan of Merger (Homeinns Hotel Group)

Untraceable 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, until they notify the Surviving Company, the Paying Agent or the Depositary, as applicable, of their current contact details prior to the Effective Timedetails. A holder of Shares or 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 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 (x) has been sent to such Person and has been returned undelivered or has not been cashed, or (y) 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 person and has been returned undelivered. Dissenting Shareholders and Monies due to shareholders of the Company (including holders of Shares or ADSs 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 shareholders of the Company (including holders of ADSs) who are untraceable. Shareholders who are untraceable but subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to shall contact the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (China Zenix Auto International LTD)

Untraceable 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 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 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 (x) has been sent to such Person and has been returned undelivered or has not been cashed, or (y) 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 ShareholdersshareholdersMeeting meeting convened to vote on the Merger (the “Shareholders’ Meeting”) has been sent to such Person and has been returned undelivered. Dissenting Shareholders and holders of Shares or ADSs who are untraceable and 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

Samples: Agreement and Plan of Merger (Airmedia Group Inc.)

Untraceable 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 prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such Person person has no registered address in the register record of members (or branch register) shareholders maintained by the Company or under Section 16-10a-1601(3) of the DepositaryURBCA, as applicable, or and either (iii) on the last two consecutive three (3) successive occasions on which a distribution of a dividend or interest with respect to such Shares has been paid mailed by the Company in the form of a check payable to such Person either (x) has been sent to such Person person at the address shown on the Company’s current record of shareholders, and has been returned undelivered or has not been cashedas undeliverable (and, or (y) 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 applicableCompany), or (iiiii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such Person person by first-class mail at the address as shown on the records of the Company, and has been returned undelivered. Dissenting Shareholders as undeliverable and holders of Shares or ADSs who are untraceable and who subsequently wish to receive any monies otherwise payable in respect at least one notice of the Merger within applicable time limits prior annual or limitation periods will be advised other meeting of the shareholders, or the taking of action by written consent without a meeting, has been mailed, addressed to contact the Surviving shareholder at the shareholder’s address as shown on the records of the Company, and returned as undeliverable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Feihe International Inc)

Untraceable 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 prior to the Effective Time. A holder of Shares or 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 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 person either (x) has been sent to such Person person and has been returned undelivered or has not been cashed, cashed or (y) has not been sent to such Person 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 person and has been returned undelivered. Dissenting Shareholders and holders Holders of Shares or ADSs who are untraceable and 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 CompanyCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (JA Solar Holdings Co., Ltd.)

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