Deposit of Eligible Securities Clause Samples

Deposit of Eligible Securities. The Depositary and the Company have been advised that under ROC law, as in effect as of the date hereof, no deposits of Eligible Securities may be made in the ADR facility, and no ADSs may be issued against such deposits, without receipt of specific approval of the FSC or TSE, as the case may be, except in connection with (i) the distribution by the Company of additional Eligible Securities in connection with dividends or free distributions of Eligible Securities, (ii) the exercise by Holders of their preemptive rights applicable to Eligible Securities represented by ADSs in the event of capital increases for cash, (iii) subject in each case to receipt of all applicable approvals in the ROC, to the extent that the Company issues securities convertible for ADSs as approved by the FSC, the conversion of such securities into ADSs, and (iv) the purchase, as permitted hereunder, directly by any person or through the Depositary of Shares on the TSE for deposit in the ADR facility, or delivery of Shares to the Custodian for deposit in the ADR facility; provided that the total number of ADSs outstanding after an issuance described in clause (iv) does not exceed the number of issued ADSs previously approved by the FSC or TSE, subject to any adjustment due to capital restructuring or capital reduction, (plus any ADSs created pursuant to clauses (i), (ii) and (iii) above, subject to any adjustment in the number of Deposited Securities represented by each ADS). The Depositary and the Company have been advised that under ROC law, as in effect as of the date hereof, issuances under clause (iv) above will be permitted only to the extent that previously issued ADSs have been canceled. Any issuance under clause (iv) above will be subject to entering into a separate agreement with the Depositary to cover the terms of purchase of Shares on the TSE through the Depositary or delivery of Shares to Custodian for deposit in ADR facility. Except as contemplated by Section 2.14 hereof, the Depositary will not accept any Shares for deposit pursuant to clause (iii) unless it receives satisfactory opinions of ROC and U.S. counsel to the Company to the effect that such Eligible Securities may lawfully be deposited pursuant to the Deposit Agreement and are not Restricted Securities. The laws of the Republic of China applicable to the deposit of Eligible Securities may change from time to time. There can be no assurance that current law will continue in effect or that future changes of R...
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Deposit of Eligible Securities. On the 3rd day following the delivery by either BT or HKB of a Collateralization Notice, FUR shall deliver to and deposit with the Trustee to be held by the Trustee in accordance with the Security Trust Indenture Eligible Securities having an aggregate face value (or in the case of Eligible Securities denominated in United States dollars, the Canadian Dollar Equivalent thereof) equal to the Collateral Amount.
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Related to Deposit of Eligible Securities

  • Adjustment for Convertible Securities Issue If the Company issues any securities convertible into or exchangeable for Common Stock (other than securities issued in transactions described in subsections (b) and (c) of this Section 11) for a consideration per share of Common Stock initially deliverable upon conversion or exchange of such securities less than the Closing Price per share on the date of issuance of such securities, the number of shares of Common Stock issuable upon exercise of each Warrant shall be adjusted in accordance with this formula: where: N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant. N = the current number of shares of Common Stock issuable upon exercise of each Warrant. O = the number of shares outstanding immediately prior to the issuance of such securities. P = the aggregate consideration received for the issuance of such securities. M = the Closing Price per share on the date of issuance of such securities. D = the maximum number of shares deliverable upon conversion or in exchange for such securities at the initial conversion or exchange rate. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. If all of the Common Stock deliverable upon conversion or exchange of such securities have not been issued when such securities are no longer outstanding, then the number of shares of Common Stock issuable upon exercise of each Warrant shall promptly be readjusted to what it would have been had the adjustment upon the issuance of such securities been made on the basis of the actual number of shares of Common Stock issued upon conversion or exchange of such securities. This subsection (e) does not apply to: (1) convertible securities issued in a bona fide public offering for cash; or (2) convertible securities issued in a bona fide private placement to non-affiliates of the Company, including the issuance of convertible securities as consideration or partial consideration for acquisitions from persons that are not affiliates of the Company.

  • Issuance of Convertible Securities If the Company in any manner issues or sells any Convertible Securities, whether or not immediately convertible (other than where the same are issuable upon the exercise of Options) and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Market Price on the date of issuance, then the maximum total number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities will, as of the date of the issuance of such Convertible Securities, be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of the preceding sentence, the "price per share for which Common Stock is issuable upon such conversion or exchange" is determined by dividing (i) the total amount, if any, received or receivable by the Company as consideration for the issuance or sale of all such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof at the time such Convertible Securities first become convertible or exchangeable, by (ii) the maximum total number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment to the Exercise Price will be made upon the actual issuance of such Common Stock upon conversion or exchange of such Convertible Securities.

  • The Deposited Securities SECTION 4.01

  • Uncertificated Warrants Notwithstanding anything herein to the contrary, any Warrant, or portion thereof, may be issued as part of, and be represented by, a Unit, and any Warrant may be issued in uncertificated or book-entry form through the Warrant Agent and/or the facilities of The Depository Trust Company (the “Depositary”) or other book-entry depositary system, in each case as determined by the Board of Directors of the Company or by an authorized committee thereof. Any Warrant so issued shall have the same terms, force and effect as a certificated Warrant that has been duly countersigned by the Warrant Agent in accordance with the terms of this Agreement.

  • Legended Securities Each certificate for a Note will bear the legend contained in “Notice to Investors” in the Preliminary Offering Memorandum for the time period and upon the other terms stated in the Preliminary Offering Memorandum.