Examples of Class A Deposit Agreement in a sentence
Every successor depositary shall be required by the Company to execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, and thereupon such successor depositary, without any further act or deed (except as required by applicable law), shall become fully vested with all the rights, powers, duties and obligations of its predecessor (other than as contemplated in Sections 5.8 and 5.9 of the Class A Deposit Agreement).
Cunningham (2001) 25 Cal.4th 926, 1044-1045.) The issue raised presents a pure question of law, which we review de novo.
Until the Termination Date, the Depositary shall continue to perform all of its obligations under the Class A Deposit Agreement, and the Holders and Beneficial Owners will be entitled to all of their rights under the Class A Deposit Agreement.
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.
Every Holder and Beneficial Owner at the time any amendment or supplement so becomes effective shall be deemed, by continuing to hold such ADSs, to consent and agree to such amendment or supplement and to be bound by the Class A Deposit Agreement and this ADR, if applicable, as amended or supplemented thereby.
Such amendment or supplement to the Class A Deposit Agreement and this ADR in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance with such laws, rules or regulations.
Notwithstanding any provision of this ADR or of the Class A Deposit Agreement, the Company may restrict transfers of the Shares where such transfer might result in ownership of Shares exceeding limits imposed by applicable law or the Bylaws of the Company.
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.
Nothing herein or in the Class A Deposit Agreement shall be interpreted as obligating the Depositary or the Company to ensure compliance with any applicable ownership restrictions described herein or in Section 3.5 of the Class A Deposit Agreement.
Notwithstanding any provisions in this ADR or the Class A Deposit Agreement to the contrary, the withdrawal or Delivery of Deposited Securities will not be suspended by the Company or the Depositary except as would be permitted by Instruction I.A.(1) of the General Instructions to the Form F-6 Registration Statement, as amended from time to time, under the Securities Act.