ADS Facility definition
Examples of ADS Facility in a sentence
The Depositary and the Company have been advised that under ROC law, until three (3) months after the closing of the Offering, a Holder is not entitled to withdraw or sell Shares from the ADS Facility, consequently, the Company and the Depositary agree to prohibit the surrender of ADSs and the sale or Delivery of any Shares deposited in connection with the Offering until the expiration of such three-month period.
A Holder wishing to withdraw Shares from the ADS Facility shall be required under ROC law to appoint an eligible agent in the Republic of China to open a securities trading account with a local brokerage firm after receiving an approval from the TSE and a bank account (the securities trading account and the bank account, collectively, the "Accounts"), to pay ROC taxes, remit funds, exercise stockholders' rights and perform such other functions as may be designated by such withdrawing Holder.
Deposited Securities which have been withdrawn from the applicable ADS Facility and timely transferred on the Company's register of shareholders to a person other than the Depositary may be voted by the Registered Holder(s) thereof directly, subject, in each case, to the limitations of ROC law and the Articles of Incorporation of the Company.
The Prosus ADS Depositary for the Prosus ADS Facility, will register and deliver the Prosus ADSs. Each Prosus ADS will represent an ownership interest in Prosus N Ordinary Shares and a pro rata share of any other securities, cash or other property that may be held by the Prosus ADS Depositary, under the terms of the Prosus Deposit Agreement to be entered into between Prosus, the Prosus ADS Depositary and the registered holders, indirect holders and beneficial owners of the Prosus ADSs from time to time.
Prosus intends to establish the Prosus ADS Facility in the United States.
Subject to (i) DIRECTV's determination to the contrary following its review and assessment of such information and (ii) the assumption by the Sellers in the Chapter 11 Case and assignment of the ADS Facility contract to DIRECTV as of the Closing, the ADS Facility will remain operating through the current contract period (expiring in December, 2004) to assist in facilitation of the Customer Transfer and subsequent transition activities.
All references to “Ordinary Shares” in the Warrant Agreement (including all Exhibits thereto) shall be amended such that they refer to Company Ordinary Shares in the form of Company ADSs after the Company Ordinary Shares have been deposited into the ADS Facility in connection with the Mergers or, if at the time of exercise the Company no longer uses the ADS Facility, Company Ordinary Shares.
Deposited Securities which have been withdrawn from the applicable ADS Facility and timely transferred on the Company's register of shareholders to a person other than the Depositary may be voted by the Registered Holder(s) (as hereinafter defined) thereof directly, subject, in each case, to the limitations of ROC law and the Articles of Incorporation of the Company.
A Holder wishing to withdraw Shares from the ADS Facility shall be required under ROC law to appoint an eligible agent in the Republic of China to open a securities trading account with a local brokerage firm after receiving an approval from the TSE and a bank account (the securities trading account and the bank account, collectively, the “Accounts”), to pay ROC taxes, remit funds, exercise stockholders' rights and perform such other functions as may be designated by such withdrawing Holder.
Within ten (10) days after the date hereof, DIRECTV shall advise Pegasus of its determination to assume or not assume the ADS Facility contract.