Common use of Disclosure of Interests Clause in Contracts

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 5 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4. Applicable laws and regulations may require Owners and Holders to satisfy reporting requirements and obtain regulatory approvals in certain circumstances. Owners and Holders are solely responsible for determining and complying with such reporting requirements and obtaining such approvals. Each Owner and Holder hereby agrees to make such determination, file such reports, and obtain such approvals to the extent and in the form required by applicable laws and regulations as in effect from time to time. None of the Depositary, the Custodian, the Company or any of their respective agents or affiliates shall be required to take any actions whatsoever on behalf of Owners or Holders to determine or satisfy such reporting requirements or obtain such regulatory approvals under applicable laws and regulations.

Appears in 4 contracts

Sources: Deposit Agreement (Biophytis SA), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Biophytis SA)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 4 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Piedmont Lithium LTD)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ agrees to provide all information known to it in response to a request made pursuant to this SectionSection 3.4 of the Deposit Agreement. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this that Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section 3.4 to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.43.4 of the Deposit Agreement.

Appears in 4 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations (including the rules and requirements of any stock exchange on which the Shares or the constitution American Depositary Shares are, or will be traded or listed or the rules and requirements of any clearing system through which transactions in the Shares or the American Depositary Shares may be settled) or the articles of association or similar document of the CompanyCompany as in effect from time to time, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4. Each Owner and Holder of American Depositary Shares further agrees to comply with the laws and regulation of the United Kingdom (if and to the extent applicable) with respect to disclosure requirements regarding ownership or potential for ownership of Shares, all as if the those American Depositary Shares were the Shares they represent, including, inter alia, requirements to make notifications and filings within the required timeframes to the Company and any applicable authorities in the United Kingdom.

Appears in 3 contracts

Sources: Deposit Agreement (Silence Therapeutics PLC), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Silence Therapeutics PLC)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4. Each Owner and Holder of American Depositary Shares further agrees to comply with the laws and regulations of the Hong Kong Stock Exchange (if and to the extent applicable) with respect to the disclosure requirements regarding beneficial ownership of Shares, all as if the American Depositary Shares were the Shares represented thereby, including requirements to make notifications and filings within the required timeframes to the Company, to the Hong Kong Stock Exchange and any other authorities in Hong Kong.

Appears in 3 contracts

Sources: Deposit Agreement (Graphex Group LTD), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 3 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this SectionSection within the specified time limits. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 3 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 3 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this SectionSection within the specified time limits. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 3 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 3 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Piedmont Lithium LTD)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this SectionSection 3.4 of the Deposit Agreement. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this that Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section 3.4 to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.43.4 of the Deposit Agreement.

Appears in 2 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations regulations, the rules and requirements of the Tel Aviv stock exchange, and of any other stock exchange on which the Shares or American Depositary Shares are, or may be, registered, traded or listed and any book-entry settlement system or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If Unless otherwise agreed in writing between the Company notifies and the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withDepositary, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 2 contracts

Sources: Deposit Agreement (SaverOne 2014 Ltd.), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 2 contracts

Sources: Deposit Agreement (Paringa Resources LTD), Deposit Agreement (Paringa Resources LTD)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 2 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 2 contracts

Sources: Deposit Agreement (Canuelas Mill S.A.C.I.F.I.A.), Deposit Agreement (Grupo Supervielle S.A.)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution of the Company, the (a) The Company may from time to time request each Owner and Holder Holders or former Holders to provide information as to the Depositary information relating to: (a) the capacity in which it holds American Depositary Sharesthey hold or held ADRs, (b) regarding the identity of any Holders or other persons or entities then or previously interested holding any beneficial or other interest in those American Depositary Shares such ADRs and the nature of those interests such interest and (c) various other matters, including, without limitation, information relating to nationality, residence and domicile, in order to ensure that ownership of Shares and other securities complies with the Articles. Notwithstanding any other matter where disclosure provision of the Deposit Agreement or this ADR, each Holder additionally agrees to comply with reasonable requests from the Company pursuant to English law, the rules and requirements of each stock exchange or automated quotation system on which the Shares are, or will be, registered or traded, or the Articles, which are made to provide information as to such matter is required for that compliancecapacity, identity and interests. Each Owner and H▇▇▇▇▇ such Holder agrees to provide all promptly any such information known to it in response to a request made pursuant to this Section. Each paragraph 6(a) whether or not still a Holder consents at the time of such request, in sufficient detail to enable the disclosure by Company to determine conclusively whether the Depositary Holder is, and whether the Owner or any ownership of Shares and other Holder through which it holds American Depositary Sharessecurities is, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holderin compliance with the Articles. The Depositary agrees to use its reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any such request authorized under this Section to such Holders (in some cases for further forwarding to beneficial owners holding ADSs through such Holder) and to the Owners last known address, if any, of such former Holders and to forward to the Company any responses it receives in response to that request. If such requests received by the Depositary, and to use its reasonable efforts to assist the Company notifies in obtaining such information with respect of the ADRs received from Holders, provided that nothing herein shall be interpreted as obligating the Depositary to provide or obtain any such information not provided to the Depositary or its agents appointed hereunder by such Holders or former Holders. To the extent that it restricts provisions of or governing any Deposited Securities or the applicable laws, rules or regulations of any governmental authority or the Articles may require the disclosure of or limit the beneficial or other ownership of Deposited Securities, other Shares and other securities and/or limit the aggregate number of securities deposited at any time and may provide for blocking transfer and voting or other rights to vote enforce such disclosure or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withlimit such ownership or deposits, the Depositary shall use its reasonable efforts to follow comply with Company instructions as to American Depositary Receipts in respect of any such enforcement or limitation or any reversal of any conversion of Shares into ADRs, and Holders shall comply with all such disclosure requirements, ownership limitations and reversals and shall cooperate with the Depositary=s compliance with such Company instructions. (b) The Company may restrict transfers of the Shares where such transfer might result in ownership of Shares or other securities exceeding limits imposed by applicable law or the Articles. The Company may also restrict, in such manner as it receives deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares represented by the ADSs together with any other Shares or other securities owned by one or more persons to exceed any such limits. Notwithstanding any inability of any party to physically restrict a transfer of ADSs, Holders agree contractually to abide by the Company=s instructions. The Company reserves the right to instruct Holders to deliver their ADRs (including those evidencing ADSs held by such Holder for any person or entity having a beneficial interest deriving from the ownership of an ADS) for cancellation and withdrawal of the Deposited Securities so as to permit the Company to give effect deal directly with the Holder thereof as a holder of Shares. The Company may also refuse to those restrictions allow such Holder to redeposit such Shares into the ADR facility and require such Holder to submit to the extent practicabledisenfranchisement or mandatory sale of such Shares in order that the ownership of Shares and other securities of the Company by persons complies with the Articles. The Depositary may charge agrees to cooperate with the Company a fee in its efforts to inform Holders (on behalf of such Holders in their individual capacity and the beneficial owners who hold their ADSs through such Holders) of the Company=s exercise of its expenses for complying with requests rights under this Section 3.4paragraph and agrees to consult with, and provide reasonable assistance without risk or expense on the part of the Depositary to, the Company on the manner or manners in which it may enforce such rights with respect to any Holder. Each holder acknowledges that, as of the date hereof, the Company's Articles limit the ownership of Shares (including Shares represented by ADSs) of the Company by persons who are foreigners (as defined in the Articles) to an individual foreign shareholding limit of 15% of all outstanding Shares. (c) Notwithstanding any provision of the Deposit Agreement or of this ADR and without limiting the foregoing, by being a Holder of an ADR, each such Holder agrees to provide such information as the Company may request in a disclosure notice (a "Disclosure Notice") given pursuant to the Great Britain Companies Act 1985 (as amended from time to time and including any statutory modification or re-enactment thereof, the "Companies Act") or the Articles. By accepting or holding this ADR, each Holder acknowledges that it understands that failure to comply with a Disclosure Notice may result in the imposition of sanctions against the holder of the Shares in respect of which the non-complying person is or was, or appears to be or has been, interested as provided in the Companies Act and the Articles which currently include, the withdrawal of the voting rights of such Shares and the imposition of restrictions on the rights to receive dividends on and to transfer such Shares. In addition, by accepting or holding this ADR each Holder agrees to comply with the provisions of the Companies Act with regard to the notification to the Company of interests in Shares, which currently provide, inter alia, that any Holder who is or becomes directly or indirectly interested (within the meaning of the Companies Act) in 3% or more of the outstanding Shares, or is aware that another person for whom it holds such ADRs is so interested, must within two business days after becoming so interested or so aware (and thereafter in certain circumstances upon any change to the particulars previously notified) notify the Company as required by the Companies Act. After the relevant threshold is exceeded, similar notifications must be made in whole respect of whole percentage figure increases or decreases, rounded down to the nearest whole number.

Appears in 2 contracts

Sources: American Depositary Receipt (Adr) Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (Bae Systems PLC)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 2 contracts

Sources: Deposit Agreement (Paringa Resources LTD), Deposit Agreement (Paringa Resources LTD)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and Depositary, the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4. Notwithstanding any provision of this Deposit Agreement or of the Receipts and without limiting the foregoing, by accepting or holding a Receipt, each Owner and Holder agrees to provide such information as the Company may request in a disclosure notice (a “Disclosure Notice”) given pursuant to the U.K. Companies Act 2006 (as amended from time to time and including any statutory modification or re-enactment thereof, the “Companies Act”) or the Articles of Association of the Company. Each Holder agrees to provide all information known to it in response to a request made pursuant to this Section. By accepting or holding a Receipt, each Owner and Holder acknowledges that it understands that failure to comply with a Disclosure Notice may result in the imposition of sanctions against the holder of the Shares in respect of which the non-complying person is or was, or appears to be or has been, interested as provided in the Companies Act and the Articles of Association which currently include, the withdrawal of the voting rights of such Shares and the imposition of restrictions on the rights to receive dividends on and to transfer such Shares. The Company reserves the right to instruct Owners to deliver their American Depositary Shares for cancellation and withdrawal of the Deposited Securities so as to permit the Company to deal directly with the Owner or Holder thereof as a holder of Shares and Owners and Holders agree to comply with such instructions. The Depositary agrees to cooperate with the Company in its efforts to inform Owners and Holders of the Company’s exercise of its rights under this paragraph and agrees to consult with, and provide reasonable assistance without risk, liability or expense on the part of the Depositary, to the Company on the manner or manners in which it may enforce such rights with respect to any Owner or Holder.

Appears in 2 contracts

Sources: Deposit Agreement (Gyroscope Therapeutics Holdings LTD), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 2 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution of the Company, the The Company may from time to time request each Owner and Holder Owners or Holders or former owners or Holders to provide information as to the Depositary information relating to: (a) the capacity in which it holds they own or owned American Depositary Shares, (b) Shares and regarding the identity of any Holders or other persons or entities then or previously interested in those such American Depositary Shares and the nature of those interests such interest and (c) any various other matter where disclosure of such matter is required for that compliancematters. Each such Owner and H▇▇▇▇▇ or Holder agrees to provide all any such information known to it in response to a request made reasonably requested by the Company or the Depositary pursuant to this Section. Each Holder consents to Section 3.04 of the disclosure by the Depositary and the Deposit Agreement whether or not still an Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, at the time of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holdersuch request. The Depositary agrees to use its reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section such requests to such Owners or Holders and to the last known address, if any, of such former Owners or Holders and to forward to the Company any responses it receives in response to such requests received by the Depositary. To the extent that request. If provisions of or governing any Deposited Securities or the rules or regulations of any governmental authority or securities exchange or automated quotation system may require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the Company notifies the Depositary that it restricts or other persons and may provide for blocking transfer and voting or other rights to vote enforce such disclosure or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withlimit such ownership, the Depositary shall use its reasonable efforts to follow comply with Company's instructions it receives from in respect of any such enforcement or limitation. However, nothing herein shall be interpreted as obligating the Company Depositary to give effect to those restrictions provide or obtain any such information not provided to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4by such Owners or Holders or former Owners or Holders.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations (including, without limitation, the rules, regulations and requirements of any stock exchange on which the American Depositary Shares are, or will be, traded or listed or the constitution rules, regulations and requirements of any clearing system through which transactions in the American Depositary Shares may be settled) or the articles of association or similar document of the CompanyCompany as in effect from time to time, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4. Each Owner and Holder of American Depositary Shares further agrees to comply with the laws and regulations of the Arab Republic of Egypt (if and to the extent applicable) with respect to any disclosure requirements regarding ownership or potential for ownership of Shares, all as if the American Depositary Shares were the Shares represented thereby, which is deemed to include, inter alia, requirements to make notifications and filings within the required timeframes to the Company and any other authorities in the Arab Republic of Egypt.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If To the extent that provisions of or any contract governing any Deposited Securities or the rules or regulations of any governmental authority or securities exchange or automated quotation system may require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the Company notifies the Depositary that it restricts or other persons or may provide for blocking transfer or voting or other rights to vote enforce such disclosure or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withlimit such ownership, the Depositary shall use its reasonable efforts to follow comply with Company’s instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4in respect of any such provision or limitation.

Appears in 1 contract

Sources: Deposit Agreement (Argenx Se)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary SharesWarrants, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares Warrants and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary SharesWarrants, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If At the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withCompany and at the Company’s expense, the Depositary shall use will provide reasonable efforts assistance to follow instructions it receives from the Company to give effect to those restrictions to obtain information sought by the extent practicableCompany. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement for Warrants (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.43.4 of the Deposit Agreement.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If To the extent that provisions of or any contract governing any Deposited Securities or the rules or regulations of any governmental authority or securities exchange or automated quotation system may require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the Company notifies the Depositary that it restricts or other persons or may provide for blocking transfer or voting or other rights to vote enforce such disclosure or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withlimit such ownership, the Depositary shall use its reasonable efforts to follow comply with Company's instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4in respect of any such provision or limitation.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If To the extent that provisions of or any contract governing any Deposited Securities or the rules or regulations of any governmental authority or securities exchange or automated quotation system may require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the Company notifies the Depositary that it restricts or other persons or may provide for blocking transfer or voting or other rights to vote enforce such disclosure or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withlimit such ownership, the Depositary shall use its reasonable efforts to follow comply with Company’s instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4in respect of any such provision or limitation.

Appears in 1 contract

Sources: Deposit Agreement (Argenx Se)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Gensight Biologics S.A.)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this SectionSection within the specified time limits. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Motif Bio PLC)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If To the extent that provisions of or any contract governing any Deposited Securities or the rules or regulations of any governmental authority or securities exchange or automated quotation system may require the disclosure of beneficial or other ownership of Deposited Securities, other Shares and other securities to the Company notifies the Depositary that it restricts or other persons or may provide for blocking transfer or voting or other rights to vote enforce such disclosure or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withlimit such ownership, the Depositary shall use its reasonable efforts to follow comply with Company's instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4in respect of any such provision or limitation.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Gensight Biologics S.A.)

Disclosure of Interests. When required in In order to comply with applicable laws and laws, regulations or rules of any stock exchange or other organized market or the constitution articles of association or similar document of the Company, the Company or its agent or nominee may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this SectionSection within the specified time limits. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company or its agent or nominee notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company or its agent or nominee to give effect to those restrictions to the extent practicable. The Depositary it may charge the Company a fee and its expenses for complying with requests under this Section 3.4lawfully do so.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. practicable The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company’s expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Canuelas Mill S.A.C.I.F.I.A.)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution by-laws or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its documented expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Disclosure of Interests. When required in order to comply with applicable laws and regulations or the constitution of the Company, the (a) The Company may from time to time request each Owner and Holder Holders or former Holders to provide information as to the Depositary information relating to: (a) the capacity in which it holds American Depositary Sharesthey hold or held ADRs, (b) regarding the identity of any Holders or other persons or entities then or previously interested holding any beneficial or other interest in those American Depositary Shares such ADRs and the nature of those interests such interest and (c) various other matters, including, without limitation, information relating to nationality, residence and domicile, in order to ensure that ownership of Shares and other securities complies with the Articles. Notwithstanding any other matter where disclosure provision of the Deposit Agreement or this ADR, each Holder additionally agrees to comply with reasonable requests from the Company pursuant to English law, the rules and requirements of each stock exchange or automated quotation system on which the Shares are, or will be, registered or traded, or the Articles, which are made to provide information as to such matter is required for that compliancecapacity, identity and interests. Each Owner and H▇▇▇▇▇ such Holder agrees to provide all promptly any such information known to it in response to a request made pursuant to this Section. Each paragraph 6(a) whether or not still a Holder consents at the time of such request, in sufficient detail to enable the disclosure by Company to determine conclusively whether the Depositary Holder is, and whether the Owner or any ownership of Shares and other Holder through which it holds American Depositary Sharessecurities is, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holderin compliance with the Articles. The Depositary agrees to use its reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any such request authorized under this Section to such Holders (in some cases for further forwarding to beneficial owners holding ADSs through such Holder) and to the Owners last known address, if any, of such former Holders and to forward to the Company any responses it receives in response to that request. If such requests received by the Depositary, and to use its reasonable efforts to assist the Company notifies in obtaining such information with respect of the ADRs received from Holders, provided that nothing herein shall be interpreted as obligating the Depositary to provide or obtain any such information not provided to the Depositary or its agents appointed hereunder by such Holders or former Holders. To the extent that it restricts provisions of or governing any Deposited Securities or the applicable laws, rules or regulations of any governmental authority or the Articles may require the disclosure of or limit the beneficial or other ownership of Deposited Securities, other Shares and other securities and/or limit the aggregate number of securities deposited at any time and may provide for blocking transfer and voting or other rights to vote enforce such disclosure or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section has not been complied withlimit such ownership or deposits, the Depositary shall use its reasonable efforts to follow comply with Company instructions as to American Depositary Receipts in respect of any such enforcement or limitation or any reversal of any conversion of Shares into ADRs, and Holders shall comply with all such disclosure requirements, ownership limitations and reversals and shall cooperate with the Depositary's compliance with such Company instructions. (b) The Company may restrict transfers of the Shares where such transfer might result in ownership of Shares or other securities exceeding limits imposed by applicable law or the Articles. The Company may also restrict, in such manner as it receives deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares represented by the ADSs together with any other Shares or other securities owned by one or more persons to exceed any such limits. Notwithstanding any inability of any party to physically restrict a transfer of ADSs, Holders agree contractually to abide by the Company's instructions. The Company reserves the right to instruct Holders to deliver their ADRs (including those evidencing ADSs held by such Holder for any person or entity having a beneficial interest deriving from the ownership of an ADS) for cancellation and withdrawal of the Deposited Securities so as to permit the Company to give effect deal directly with the Holder thereof as a holder of Shares. The Company may also refuse to those restrictions allow such Holder to redeposit such Shares into the ADR facility and require such Holder to submit to the extent practicabledisenfranchisement or mandatory sale of such Shares in order that the ownership of Shares and other securities of the Company by persons complies with the Articles. The Depositary may charge agrees to cooperate with the Company a fee in its efforts to inform Holders (on behalf of such Holders in their individual capacity and the beneficial owners who hold their ADSs through such Holders) of the Company's exercise of its expenses for complying with requests rights under this Section 3.4paragraph and agrees to consult with, and provide reasonable assistance without risk or expense on the part of the Depositary to, the Company on the manner or manners in which it may enforce such rights with respect to any Holder. Each holder acknowledges that, as of the date hereof, the Company's Articles limit the ownership of Shares (including Shares represented by ADSs) of the Company by persons who are foreigners (as defined in the Articles) to an individual foreign shareholding limit of 15% of all outstanding Shares. (c) Notwithstanding any provision of the Deposit Agreement or of this ADR and without limiting the foregoing, by being a Holder of an ADR, each such Holder agrees to provide such information as the Company may request in a disclosure notice (a "Disclosure Notice") given pursuant to the Great Britain Companies Act 1985 (as amended from time to time and including any statutory modification or re-enactment thereof, the "Companies Act") or the Articles. By accepting or holding this ADR, each Holder acknowledges that it understands that failure to comply with a Disclosure Notice may result in the imposition of sanctions against the holder of the Shares in respect of which the non-complying person is or was, or appears to be or has been, interested as provided in the Companies Act and the Articles which currently include, the withdrawal of the voting rights of such Shares and the imposition of restrictions on the rights to receive dividends on and to transfer such Shares. In addition, by accepting or holding this ADR each Holder agrees to comply with the provisions of the Companies Act with regard to the notification to the Company of interests in Shares, which currently provide, inter alia, that any Holder who is or becomes directly or indirectly interested (within the meaning of the Companies Act) in 3% or more of the outstanding Shares, or is aware that another person for whom it holds such ADRs is so interested, must within two business days after becoming so interested or so aware (and thereafter in certain circumstances upon any change to the particulars previously notified) notify the Company as required by the Companies Act. After the relevant threshold is exceeded, similar notifications must be made in whole respect of whole percentage figure increases or decreases, rounded down to the nearest whole number.

Appears in 1 contract

Sources: Deposit Agreement (Bae Systems PLC)

Disclosure of Interests. When required in In order to comply with applicable laws and regulations or the constitution articles of association or similar document of the Company, the Company may from time to time request each Owner and Holder to provide to the Depositary information relating to: (a) the capacity in which it holds American Depositary Shares, (b) the identity of any Holders or other persons or entities then or previously interested in those American Depositary Shares and the nature of those interests and (c) any other matter where disclosure of such matter is required for that compliance. Each Owner and H▇▇▇▇▇ Holder agrees to provide all information known to it in response to a request made pursuant to this Section. Each Holder consents to the disclosure by the Depositary and the Owner or any other Holder through which it holds American Depositary Shares, directly or indirectly, of all information responsive to a request made pursuant to this Section relating to that Holder that is known to that Owner or other Holder. The Depositary agrees to use reasonable efforts efforts, at the Company's expense, to comply with written instructions received from the Company requesting that the Depositary forward any request authorized under this Section to the Owners and to forward to the Company any responses it receives in response to that request. If the Company notifies the Depositary that it restricts rights to vote or transfer Deposited Securities with respect to which a disclosure request of the kind referred to in this Section 3.4 of the Deposit Agreement has not been complied with, the Depositary shall use reasonable efforts to follow instructions it receives from the Company to give effect to those restrictions to the extent practicable. The Depositary may charge the Company a fee and its expenses for complying with requests under this Section 3.4.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)