Unrestricted ADSs definition
Examples of Unrestricted ADSs in a sentence
Upon receipt of such written request and legal opinion, and any other documents that the Depositary may reasonably request, the Depositary will request DTC to merge the CUSIP numbers for the ADSs issued hereunder with the CUSIP number for the Unrestricted ADSs issued under the Unrestricted Deposit Agreement.
In connection with each deposit of Designated Shares and request for issuance of the corresponding Designated Unvested Unrestricted ADSs, the Company shall deliver to the Depositary a duly completed and signed Consent and Delivery Instruction substantially in the form of Exhibit A-2 hereto (each a “Consent and Delivery Instruction – Designated Unvested Unrestricted ADSs”).
Such representations and warranties shall survive each deposit of Restricted Shares, each delivery, cancellation and conversion of Unrestricted ADSs, and each issuance of Restricted ADSs hereunder.
Notwithstanding anything contained herein to the contrary, the parties agree that in the event there are more than eight (8) Designated Holders, the Company and the Depositary hereby agree to negotiate in good faith a revised fee schedule for any additional Designated Unvested Restricted ADSs, Designated Vested Restricted ADSs and Designated Unvested Unrestricted ADSs to be issued.
ADRs bearing the facsimile signature of anyone who was at the time of execution a duly authorized officer of the Depositary shall bind the Depositary, notwithstanding that such officer has ceased to hold such office prior to the delivery of such ADRs. To the extent a CUSIP is obtained for the ADSs, the ADSs shall bear a CUSIP number that is different from the CUSIP number assigned to the Unrestricted ADSs.
To the extent required under the Deposit Agreement, the Company shall from time to time and prior to the deposit of any Designated Shares for the issuance of Designated Unvested Unrestricted ADSs cause its U.S. counsel to deliver an opinion at such time stating the registration statement registering such Designated Shares and the Designated Unvested Unrestricted ADSs has been declared effective by the Commission and no stop order pertaining thereto is in effect.
Nothing contained in the Restricted ADS Letter Agreement or this RADS Series Supplement shall in any way obligate the Depositary, or give authority to the Depositary, to accept [any Shares other than the Designated Shares described herein for deposit under the terms hereof] or [Unrestricted ADSs other than Unrestricted ADSs described herein for delivery, cancellation, and conversion under the terms hereof].
The Guarantor may exercise such rights as it may from time to time enjoy to purchase or redeem Unrestricted ADSs and its own shares (including Shares) without the consent of the Bondholders.
Following the issuance thereof, the books of the Depositary shall identify the Designated Unvested Unrestricted ADSs (CUSIP No.: 8▇▇▇▇▇▇▇▇) as “restricted” and shall contain a “stop transfer” notation to that effect.
Such representations and warranties shall survive each deposit of Designated Shares and each issuance of (i) Designated Unvested Restricted ADSs, (ii) Designated Vested Restricted ADSs, and (iii) Designated Unvested Unrestricted ADSs hereunder.