Restricted Deposit definition
Examples of Restricted Deposit in a sentence
In addition, the Company further covenants to provide Holders with a reasonably detailed description of the mechanics for the delivery of ADSs upon conversion of Notes as set forth in the Unrestricted Deposit Agreement or the Restricted Deposit Agreement (including pursuant to a certain procedures letter for the issuance of restricted ADSs contemplated by Section 11 of the Restricted Deposit Agreement) upon request.
After making such sale, the Depositary shall be discharged from all obligations under the Restricted Deposit Agreement, except to account for such net proceeds and other cash (after deducting, in each case, the fee of the Depositary for the surrender of a Receipt, any expenses for the account of the Owner of such Receipt in accordance with the terms and conditions of the Restricted Deposit Agreement, and any applicable taxes or governmental charges).
Upon surrender at the Corporate Trust Office of the Depositary of this Receipt, and upon payment of the fee of the Depositary provided in this Receipt, and subject to the terms and conditions of the Restricted Deposit Agreement, the Owner hereof is entitled to delivery, to him or upon his order, of the Deposited Securities at the time represented by the Restricted American Depositary Shares for which this Receipt is issued.
The Restricted Deposit Agreement sets forth the rights of Owners and Beneficial Owners of the Receipts and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, property, and cash are herein called "Deposited Securities").
Such distribution may be made upon an averaged or other practicable basis without regard to any distinctions among Owners on account of exchange restrictions, the date of delivery of any Receipt or otherwise and shall be net of any expenses of conversion into Dollars incurred by the Depositary as provided in Section 5.09 of the Restricted Deposit Agreement.
The statements made on the face and reverse of this Receipt are summaries of certain provisions of the Restricted Deposit Agreement and are qualified by and subject to the detailed provisions of the Restricted Deposit Agreement, to which reference is hereby made.
In the event that the Depositary determines in its sole discretion that an Exchange cannot be so effected, the Depositary and the Company shall negotiate in good faith to amend the Restricted Deposit Agreement as they deem necessary to either (i) permit an Exchange on such terms as they may agree in accordance with applicable law or (ii) make such other arrangements as they deem desirable.
The Depositary will also send to Owners of Receipts copies of such reports when furnished by the Company pursuant to the Restricted Deposit Agreement.
Capitalized terms used but not defined herein shall have the meanings given them in the Restricted Deposit Agreement.
Capitalized terms defined in the Restricted Deposit Agreement and not defined herein shall have the meanings set forth in the Restricted Deposit Agreement.