Examples of Conversion ADSs in a sentence
For example, if the Holder purchases ADSs having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of this Debenture with respect to which the actual sale price of the Conversion ADSs (including any brokerage commissions) giving rise to such purchase obligation was a total of $10,000 under clause (A) of the immediately preceding sentence, the Company shall be required to pay the Holder $1,000.
The Company acknowledges and agrees that the Notes and the Conversion ADSs may be pledged or charged by the Holder in connection with a bona fide margin agreement or other loan or financing arrangement.
On or after the date that there is an effective registration statement registering the Ordinary Shares underlying the ADSs or the Ordinary Shares underlying the ADSs are eligible for resale without volume or manner-of-sale limitation pursuant to Rule 144, the Company shall deliver any Conversion ADSs required to be delivered by the Company under this Section 4(c) electronically through the Depository Trust Company or another established clearing corporation performing similar functions.
In accordance with Section 175 of the Companies Law (2011 Revision) of the Cayman Islands, the Holder understands and agrees that in no event shall the Note or any Conversion ADSs be offered to the public or any member of the public in the Cayman Islands.
The pledge of the Notes and charge of the Conversion ADSs shall not be deemed to be a transfer, sale or assignment of such securities hereunder, and by effecting such a pledge or charge the Holder shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Note.
The Company shall pay all Transfer Agent fees required for same-day processing of any Notice of Conversion and all fees to the Depository Trust Company (or another established clearing corporation performing similar functions) required for same-day electronic delivery of the Conversion ADSs.
For purposes of clarity, the Holder has the right to specify in Alternative Mandatory Conversion Election which number of Conversion ADSs hereunder shall be converted into ADSs and Prefunded Warrants, respectively.
In the absence of such injunction, the Company shall issue Conversion ADSs upon a properly noticed conversion.
For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 5(b), upon the occurrence of any Dilutive Issuance, the Holder is entitled to receive a number of Conversion ADSs based upon the Base Conversion Price on or after the date of such Dilutive Issuance, regardless of whether the Holder accurately refers to the Base Conversion Price in the Notice of Conversion.
The Mandatory Conversion hereunder shall not be effective, unless all of the Equity Conditions are met (unless waived in writing by the Holder) on the Listing Notice Date and through and including the Listing Date and the actual delivery of all of the Conversion ADSs to the Holder.