Examples of Class A Deposit Agreement in a sentence
The Depositary shall, upon such sale, convert and distribute proceeds of such sale (net of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes required by applicable law to be deducted and withheld) upon the terms set forth in Section 4.1 of the Class A Deposit Agreement.
At any time after the Termination Date, the Depositary may sell the Deposited Securities then held under the Class A Deposit Agreement and shall after such sale hold un-invested the net proceeds of such sale, together with any other cash then held by it under the Class A Deposit Agreement, in an un-segregated account and without liability for interest, for the pro rata benefit of the Holders whose ADSs have not theretofore been surrendered.
As soon as practicable after receipt of notice of any meeting at which the holders of Deposited Securities are entitled to vote, or of solicitation of consents or proxies from holders of Deposited Securities, the Depositary shall fix the ADS Record Date in respect of such meeting or solicitation of such consent or proxy in accordance with Section 4.9 of the Class A Deposit Agreement.
In the event any of the conditions set forth above are not satisfied or if the Company requests that the rights not be made available to Holders of ADSs, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) of the Class A Deposit Agreement.
All capitalized terms used herein which are not otherwise defined herein shall have the meanings ascribed thereto in the Class A Deposit Agreement.
None of the Depositary, the Company, their respective Affiliates or their agents shall be liable for any failure to carry out any instructions to vote any of the Deposited Securities, or for the manner in which any vote is cast or the effect of any vote, provided that any such action or omission is in good faith and in accordance with the terms of the Class A Deposit Agreement.
The obligations under the terms of the Class A Deposit Agreement of Holders and Beneficial Owners of ADSs outstanding as of the Termination Date shall survive the Termination Date and shall be discharged only when the applicable ADSs are presented by their Holders to the Depositary for cancellation under the terms of the Class A Deposit Agreement.
Copies of the Class A Deposit Agreement are on file at the Principal Office of the Depositary and with the Custodian.
The redemption price per ADS shall be the dollar equivalent of the per share amount received by the Depositary (adjusted to reflect the ADS(s)-to-Share(s) ratio) upon the redemption of the Deposited Securities represented by ADSs (subject to the terms of Section 4.8 of the Class A Deposit Agreement and the applicable fees and charges of, and expenses incurred by, the Depositary, and taxes) multiplied by the number of Deposited Securities represented by each ADS redeemed.
No disclaimer of liability under the Securities Act is intended by any provision of the Class A Deposit Agreement or this ADR.