Fractional ADSs definition
Examples of Fractional ADSs in a sentence
Fractional ADSs may be issued pursuant to an Award granted hereunder.
Fractional ADSs will not be issued and, accordingly, Shares may only be deposited in such numbers as will result in a whole number of ADSs being issued.
Fractional ADSs will not be issued and, accordingly, shares may only be deposited in such numbers as will result in a whole number of ADSs being issued.
Fractional ADSs may be issued pursuant to the Offer to Exchange and this Agreement.
The Trustee and the Conversion Agent shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of the ADSs (or Ordinary Shares in lieu thereof), or of any securities, property or cash that may at any time be issued or delivered upon the conversion of any Note or for the distribution of any cash payable in lieu of any Fractional ADSs; and the Trustee and the Conversion Agent make no representations with respect thereto.
The delivery of the ADSs or any cash in lieu of Fractional ADSs by the ADS Depositary to Holders upon conversion of their Notes or their designated transferees will be governed by the terms of the Unrestricted Deposit Agreement or the Restricted Deposit Agreement, as applicable, the Procedures Letter and by other procedures agreed between the Company and the ADS Depositary with respect to any ADSs issued upon conversion of the Notes.
The Trustee and the Conversion Agent shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of the ADSs, or of any securities, property or cash that may at any time be issued or delivered upon the conversion of any Note or for the distribution of any cash payable in lieu of any Fractional ADSs; and the Trustee and the Conversion Agent make no representations with respect thereto.
Fractional ADSs will be sold and the net proceeds distributed to the Holders entitled thereto.
New York counsel to Fresenius has advised Fresenius, and Fresenius hereby advises the Exchange Agent, that the Exchange Agent’s only U.S. federal tax reporting obligations in connection with the disbursement of the net proceeds to Fresenius Holders entitled thereof are to prepare IRS Form 1099-B, with respect to cash in lieu of Fractional ADSs on an as paid basis, utilizing the amount so paid.
Fractional ADSs will not be issued, and the right of ADS holders to subscribe for ADSs will be rounded down to the nearest whole number.