Common use of Withdrawal of Deposited Securities Clause in Contracts

Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5), upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, the Holder hereof is entitled to delivery at, or in the case of Deposited Securities in dematerialized form from, the Custodian's office of the Deposited Securities at the time represented by the ADSs evidenced by this ADR. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities at such other place as may have been requested by the Holder. As of the date of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three months. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 2 contracts

Samples: Deposit Agreement (Pixelplus Co., Ltd.), Deposit Agreement (Pixelplus Co., Ltd.)

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Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5)) and applicable laws, upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, the Holder hereof is entitled to delivery at, or in the case of Deposited Securities in dematerialized form from, at the Custodian's office of the Deposited Securities at the time represented by the ADSs evidenced by this ADR; provided that the Depositary will effect the delivery to such Holder of only that portion of Shares (and any other Deposited Securities relating to such Shares) comprising a whole Share or an integral multiple thereof. At the request, risk and expense of the Holder hereofhereof and to the extent not prohibited under applicable law, the Depositary may deliver such Deposited Securities at such other place as may have been requested by the Holder, if it is permitted to do so by applicable law. As of the date of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three months. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 2 contracts

Samples: Deposit Agreement (Webzen Inc), Deposit Agreement (Webzen Inc)

Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5)) and applicable laws, upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, the Holder hereof is entitled to delivery at, or in the case of Deposited Securities in dematerialized form from, at the Custodian's ’s office of the Deposited Securities at the time represented by the ADSs evidenced by this ADR; provided that the Depositary will effect the delivery to such Holder of only that portion of Shares (and any other Deposited Securities relating to such Shares) comprising a whole Share or an integral multiple thereof. At the request, risk and expense of the Holder hereofhereof and to the extent not prohibited under applicable law, the Depositary may deliver such Deposited Securities at such other place as may have been requested by the Holder, if it is permitted to do so by applicable law. As of the date of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three months. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 2 contracts

Samples: Deposit Agreement (Webzen Inc), Deposit Agreement (Webzen Inc)

Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5), upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, the Holder hereof is entitled to delivery at, or in the case of Deposited Securities in dematerialized form from, at the Custodian's office of the whole number of Deposited Securities at the time represented by the ADSs evidenced by this ADR. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities at such other place as may have been requested by the Holder. As A stamp duty of 0.5 per cent (or such percentage as may be applicable at the relevant time) of the date market value of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service will be charged in respect of Korea before the acquisition any withdrawal of Shares if and such registration has not been made unless such stamp duty will be payable by the relevant Holder. However, no stamp duty will be payable for transfer of Shares held in dematerialized form. Any subsequent transfer by the Holder intends to sell of the Shares within three monthsafter withdrawal will require the approval of the Reserve Bank of India, which approval must be obtained by the purchaser and the Company under Section 29(1)(b) and 19(4), respectively, of the Foreign Exchange Regulation Act, 1973 unless the transfer is on a stock exchange or in connection with an offer under the Indian takeover regulations. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 2 contracts

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

Withdrawal of Deposited Securities. Subject to paragraphs (4) and ---------------------------------- (5), upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, the Holder hereof is entitled to delivery at, or in the case of Deposited Securities in dematerialized form from, at the Custodian's office of the Deposited Securities at the time represented by the ADSs evidenced by this ADR. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities at such other place as may have been requested by the Holder. As A stamp duty of 0.5 per cent (or such percentage as may be applicable at the relevant time) of the date market value of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service will be charged in respect of Korea before the acquisition any withdrawal of Shares if and such registration has not been made unless such stamp duty will be payable by the relevant Holder. However, no stamp duty will be payable for transfer of Shares held in dematerialized form. Any subsequent transfer by the Holder intends to sell of the Shares within three monthsafter withdrawal will require the approval of the Reserve Bank of India, which approval must be obtained by the purchaser and the Company under Section 29(1)(b) and 19(4), respectively, of the Foreign Exchange Regulation Act, 1973 unless the transfer is on a stock exchange or in connection with an offer under the Indian takeover regulations. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 1 contract

Samples: Deposit Agreement (Silverline Technologies LTD)

Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5), upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, the Holder hereof is entitled to delivery at, or in the case of Deposited Securities in dematerialized form from, the Custodian's ’s office of the Deposited Securities at the time represented by the ADSs evidenced by this ADR. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities at such other place as may have been requested by the Holder. As of the date of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three months. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 1 contract

Samples: Deposit Agreement (Pixelplus Co., Ltd.)

Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5), upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, in either case accompanied by such instruments of transfer as the Depositary may reasonably require, the Holder hereof is entitled to delivery atdelivery, as promptly as practicable, (i) to an account designated by such Holder with the CSB or in an institution that maintains accounts with the case CSB, of the Shares and the other Deposited Securities in dematerialized form from, that are eligible for deposit with CSB and (ii) at the Custodian's office of the Custodian, of any Deposited Securities that are not eligible for deposit with CSB, in each case at the time represented by the ADSs evidenced by underlying this ADR. As long as each ADS represents a fraction of one Share, ADSs may only be cancelled in multiples of such number of ADSs as will permit whole Shares to be delivered. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities (other than Shares) at the Depositary’s Office referred to below or at such other place as may have been requested by the Holder. As of the date of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three months. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 1 contract

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

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Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5) and to the provisions of or governing Deposited Securities (including the Company=s Articles of Association (Satzung) as amended from time to time, or applicable law), upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, in either case accompanied by such instruments of transfer as the Depositary may reasonably require, the Holder hereof is entitled to delivery atdelivery, as promptly as practicable, (i) to an account designated by such Holder with the CSB or in an institution that maintains accounts with the case CSB, of the Shares and the other Deposited Securities in dematerialized form from, that are eligible for deposit with CSB and (ii) at the Custodian's office of the Custodian, of any Deposited Securities that are not eligible for deposit with CSB, in each case at the time represented by the ADSs evidenced by underlying this ADR. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities (other than Shares) at the Depositary's Office referred to below or at such other place as may have been requested by the Holder. As of the date of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three months. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 1 contract

Samples: Deposit Agreement (Fresenius Medical Care AG & Co. KGaA)

Withdrawal of Deposited Securities. Subject to paragraphs (4) and (5) and to the provisions of or governing Deposited Securities (including the Company’s Articles of Association (Satzung) as amended from time to time, or applicable law), upon surrender of (i) a certificated ADR in form satisfactory to the Depositary at the Transfer Office or (ii) proper instructions and documentation in the case of a Direct Registration ADR, in either case accompanied by such instruments of transfer as the Depositary may reasonably require, the Holder hereof is entitled to delivery atdelivery, as promptly as practicable, (i) to an account designated by such Holder with the CSB or in an institution that maintains accounts with the case CSB, of the Shares and the other Deposited Securities in dematerialized form from, that are eligible for deposit with CSB and (ii) at the Custodian's office of the Custodian, of any Deposited Securities that are not eligible for deposit with CSB, in each case at the time represented by the ADSs evidenced by underlying this ADR. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities (other than Shares) at the Depositary's Office referred to below or at such other place as may have been requested by the Holder. As of the date of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three months. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 1 contract

Samples: Deposit Agreement Representing Preference Shares (Fresenius Medical Care AG & Co. KGaA)

Withdrawal of Deposited Securities. Subject to paragraphs (4) (Certain Limitations to Registration, Transfer etc.) and (5) (Liability of Holder for Taxes, Duties and Other Charges), upon surrender of (ia) a certificated ADR in a form satisfactory to the Depositary at the Transfer Office or (iib) proper instructions and documentation in the case of a Direct Registration ADR, the Holder hereof is entitled to delivery at, or in to the case of Deposited Securities extent in dematerialized form from, the Custodian's ’s office of the Deposited Securities at the time represented by the ADSs evidenced by this ADR. As long as each ADS represents a fraction of one Share, ADSs may only be cancelled in multiples of such number of ADSs as will permit whole Shares to be delivered. At the request, risk and expense of the Holder hereof, the Depositary may deliver such Deposited Securities at such other place as may have been requested by the Holder. As The Company agrees to cooperate with the Depositary and to take all actions, and to instruct and cause any registrar of the date Deposited Securities to take all such actions, as may be requested by the Depositary, or are otherwise necessary or required, to effectuate the withdrawal and transfer of the Deposit Agreement, a Holder who wants to withdraw Shares must register its identity with the Financial Supervisory Service Deposited Securities upon any cancellation of Korea before the acquisition of Shares if such registration has not been made unless such Holder intends to sell the Shares within three monthsADRs by Holders and/or beneficial owners thereof. Notwithstanding any other provision of the Deposit Agreement or this ADR, the withdrawal of Deposited Securities may be restricted only for the reasons set forth in General Instruction I.A. (1) of Form F-6 (as such instructions may be amended from time to time) under the Securities Act of 1933.

Appears in 1 contract

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

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