Deposited Shares definition

Deposited Shares has the meaning given to it in the Recitals to this Agreement.

Deposited Shares means the Shares which are for the time being deposited with and held by the Custodian or its agents on behalf of the Depositary pursuant to the terms of this Agreement and such other Shares and securities received by the Depositary or the Custodian in respect thereof and held pursuant to the terms of this Agreement;

Deposited Shares means the Shares held by a Depositary or in which such Depositary is interested in its capacity as a Depositary;

Examples of Deposited Shares in a sentence

• Upon the written request of the Holder hereof and the payment by the Holder to the Depositary of a fee determined by the Depositary and any expenses and costs involved, the Depositary will endeavor insofar as practicable to exercise any then existing voting rights with respect to an amount of the Deposited Shares represented hereby in accordance with such request.

• Upon termination of this Agreement, the Shareholder shall be entitled to withdraw any of the Deposited Shares tendered under the Offer.

• The representations and warranties of the Shareholder set forth in this Article 5 shall survive the completion of the purchase by the Offeror of the Deposited Shares under the Offer and, despite such completion, shall continue in full force and effect for the benefit of the Offeror for a period of one year thereafter, except for the representation and warranty set forth in clause (e) above, which shall survive indefinitely.

• The representations and warranties of the Offeror set forth in this Article 6 shall survive the completion of the purchase by the Offeror of the Deposited Shares under the Offer and, despite such completion, shall continue in full force and effect for the benefit of the Shareholder for a period of one year thereafter.

• If any of the Deposited Shares transmitted by this Letter of Transmittal are held of record by two or more joint owners, all the owners must sign this Letter of Transmittal.

More Definitions of Deposited Shares

Deposited Shares means Shares validly deposited pursuant to the Offer and not withdrawn.

Deposited Shares means the Common Shares deposited under Letters of Transmittal which are taken up and paid for under the Offer;

Deposited Shares means the Shares and all and any Additional Shares transferred, issued or allotted to the Depositary [or to the Custodian on behalf of the Depositary];

Deposited Shares means the Shares referred to as such in Schedule 1;

Deposited Shares means Shares validly deposited pursuant to the Offer and not withdrawn. “DRIP” means the Company’s dividend reinvestment and share purchase plan.

Deposited Shares means the Collateral Shares (regardless of whether such Shares are still in the Collateral Account) and any other securities that are received upon an exchange for or in reference of Collateral Shares in connection with any corporate action, recapitalization or other reorganization of the Issuer. For purposes of this Confirmation, a “Collateral Dividend” shall mean the cash or non-cash dividend or distribution actually received by Dealer or the Collateral Custodian in respect of Deposited Shares that are beneficially owned by Counterparty for tax purposes at the time of such dividend or distribution, net of any applicable withholding taxes. For purposes of this Confirmation, a “Manufactured Dividend” shall mean the amount of any cash or non-cash dividend or distribution made in respect of the Deposited Shares that would be payable by Dealer to Counterparty had Citibank N.A., London Branch, been the beneficial owner of the Deposited Shares at the time of such dividend or distribution, after netting any applicable withholding taxes that would apply to (i) such dividend or distribution received by Citibank N.A., London Branch, from the Issuer after Citibank N.A., London Branch, would have claimed the benefits (if any) under the double taxation convention between the United States and the Netherlands and (ii) the further payment of such dividend or distribution (after netting any applicable withholding taxes in (i)) by Citibank N.A., London Branch, to Counterparty. Any such transfer taxes or similar charges described in the first sentence of this paragraph (i) and any applicable withholding taxes described in the third and fourth sentences of this paragraph (i) shall not be an “Indemnifiable Tax” for purposes of Section 14 of the Agreement. Subject to the fourth sentence of this paragraph (i), Counterparty and Dealer will use commercially reasonable efforts to minimize the application of any withholding taxes hereunder; provided that neither Counterparty nor Dealer shall be required to take any action that (i) would result in additional costs to it (unless the other party promptly reimburses such costs) or (ii) would require it to take a position in respect of tax law that is inconsistent with any position previously taken by such party or is materially prejudicial to it. Counterparty agrees to promptly deliver to Dealer copies of any notices and other communications received by it in respect of the Deposited Shares.

Deposited Shares has the meaning given to it in the Recitals to this Agreement. “Encumbrance” means any mortgage, lien, pledge, assignment, charge, security interest, hypothec, levy, execution, seizure, attachment, garnishment, rights of distress or other claim.