Excess ADSs definition
Examples of Excess ADSs in a sentence
All commissions, fees, transfer taxes and other out-of-pocket transaction costs, including the expenses and compensation of the Exchange Agent, incurred in connection with the sale of the Excess ADSs shall be paid by Parent and the Surviving Corporation.
In such event, all references in this Agreement to the net proceeds from the sale of the Excess ADSs and similar references shall be deemed to refer to the payments calculated in the manner set forth in this Section 2.3(f)(ii).
The sale of the Excess ADSs shall be (A) executed on The NASDAQ Stock Market and (B) made at such times, in such manner and on such terms as the Exchange Agent shall determine in its reasonable discretion.
Upon receipt of such notice, Borrower shall, as soon as practicable and in any event no later than the date thirty-five (35) Trading Days following the date on which Borrower receives such written notice, deliver the Excess ADSs to Lender.
The sale of the Excess ADSs shall be (A) executed on NASDAQ and (B) shall be executed in round lots to the extent practicable and otherwise, and made at such times, in such manner and on such terms as the Exchange Agent shall determine in its reasonable discretion.
The sale of the Excess ADSs by the Exchange Agent shall be executed on the NYSE and shall be made at such times, in such manner and on such terms as the Exchange Agent shall determine in its reasonable discretion.
All commissions, fees, transfer taxes and other out-of-pocket transaction costs, including the expenses and compensation of the Exchange Agent, incurred in connection with the sale of the Excess ADSs shall be paid by Parent and the Surviving Company.
In lieu of delivery of the Excess ADSs, the Parent shall deliver a fully paid convertible instrument on the Exchange Date (the “Convertible Instrument”) on terms and conditions satisfactory to the Holder providing for the right to receive, for no consideration other than exchange or conversion of such convertible instrument, fully paid ADSs that are Freely Tradable (as defined below) on Nasdaq in equal number to the Excess ADSs (the “Convertible Instrument ADSs”).
The sale of the Excess ADSs by the Exchange Agent shall be executed on the National Association of Securities Dealers Automated Quotations National Market System ("NASDAQ/NMS") through one or more market makers in the ADSs and shall be executed in round lots to the extent practicable.
In such event, all references in this Agreement to the net proceeds from the sale of the Excess ADSs and similar references shall be deemed to refer to the payments calculated in the manner set forth in this Section 2.2(e)(iii).