Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Navios Maritime Holdings Inc.), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which after consultation with the Company if such record date shall be is different from the same date, record date applicable to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Securities, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, be either (x) the same date as the record datedate fixed by the Company, or (y) if anydifferent from the record date fixed by the Company, for be fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Telemig Celular Participacoes Sa), Deposit Agreement (Telemig Celular Participacoes Sa)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall shall, after notifying the Company, fix a record date, date (which date shall be the same dateas, to or as near as practicable to, any corresponding record date set by the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) who shall be responsible for any fee or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and or to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Mol Rt)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary Depositary, after consultation with the Company if practicable, shall fix a record date, date which date shall be the same date, to the extent practicable, date as the corresponding record date, if any, for applicable to the Deposited Securities orSecurities, if different, or as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights rights, if applicable, at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Banco Hipotecario S.A.), Deposit Agreement (Banco Hipotecario S.A.)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be in consultation with the same date, Company to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall (x) be the same date, to the extent practicable, as the record date, if any, date for the Deposited Securities or, or (y) if different, after consultation with the Company, be fixed to be a date as close thereto soon thereafter as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares or (c) for any other matter. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Netease Com Inc)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same datedate as, or as near as practicable to, any corresponding record date set by the Company with respect to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Shares, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and or to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Cyclacel Group PLC), Deposit Agreement (Cyclacel Group PLC)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued issued, or whenever a Stock Split shall be announced by the Company, with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares Stock or other Deposited Securities, or whenever for any reason the Depositary causes there is a change in the number of Shares that are shares represented by each American Depositary Share, or whenever the Depositary shall find finds it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners Holders of Receipts who shall be (i) entitled entitled, subject to the provisions of the Deposit Agreement, to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled or to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Sharesmeeting. Subject to the provisions terms hereof and of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners Holders of Receipts on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matterthem, respectively.
Appears in 2 contracts
Sources: Deposit Agreement (Kyocera Corp), Deposit Agreement (Kyocera Corp)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary Depositary, in its reasonable discretion, shall find it necessary or convenient, the Depositary shall fix a record date, date which date shall be the same date, to the extent practicable, date as the record date, if any, for applicable to the Deposited Securities ordeposited Shares, if different, or as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. The Depositary shall establish the record date as closely as possible to the applicable record date for the Deposited Securities (if any) set by the Company in Israel. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and or to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, (as close as practicable to the extent practicable, as the record date, if any, for fixed by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company in respect of such matter) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) responsible for obligated to pay any fee or charge assessed by the Depositary charges pursuant to this Deposit Agreementclause (8) of Section 5.09, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Royal Ahold), Deposit Agreement (Royal Ahold)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), which shall be the same as, or as near as practicable to, any corresponding record date set by the Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the such ADS Record Date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Changyou.com LTD), Deposit Agreement (Changyou.com LTD)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, date for the Deposited Securities or, or if different, as close thereto as is practicable (the “ADS Record Date”)practicable, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (JA Solar Holdings Co., Ltd.), Deposit Agreement (JA Solar Holdings Co., Ltd.)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. The Depositary shall make reasonable efforts to set such record date as closely as possible to the applicable record date for the Deposited Securities (if any) set by the Company in the Republic of France. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, to the extent practicable, as the record date, if anynot the same as the record date set by the Issuer, for the Deposited Securities or, if different, shall be as close thereto as is to practicable (to the “ADS Record Date”), date corresponding to the record date fixed by the Issuer in respect of the Shares or other Deposited Securities) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, thereof or (b) on or after which each American Depositary Share will represent the changed number of Shares. Whenever the Depositary shall receive notice of any meeting of or solicitation of consents or proxies from holders of Shares or other Deposited Securities, the Depositary shall fix, after Consultation with the Issuer, a record date for the determination of the Owners who shall be entitled to give instructions for the exercise of voting rights at any such meeting. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners at the close of business on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date, date which date shall be the same datebe, to the extent practicable, the same date as the record date, if any, date for the Shares or other Deposited Securities orSecurities, if differentas the case may be, or as close thereto as is practicable (practicable, after Consultation with the “ADS Record Date”)Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to exercise, or give instructions for the exercise of of, voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to exercise the rights of Owners hereunder with respect to such changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them respectively and to exercise, or give instructions for the exercise of, voting instructions rights and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)
Fixing of Record Date. Whenever Whenever, any cash dividend dividend, or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited SecuritiesSecurities of a particular Series, or whenever for any reason the Depositary causes a change in the number of Shares of a particular Series that are represented by each American Depositary Share of the corresponding Series, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners Holders of Shares of a particular Series who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Such record date shall be the same record date as any corresponding record date set by the Company for such purpose or, if different, fixed after consultation with the Company. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares of the corresponding Series held by them respectively them, respectively, and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (HSBC Holdings PLC), Deposit Agreement (HSBC Holdings PLC)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to date determined by the extent practicable, as the record date, if any, Company for the relevant Deposited Securities or, if different, or as close thereto near to that date as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares or (c) for the determination of the Owners who shall be responsible for any fee assessed by the Depositary pursuant to Section 5.9. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Ao Surgutneftegas /Fi), Deposit Agreement (Ao Surgutneftegas /Fi)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, as be the same record date, if any, for date fixed by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. If a coinciding record date is not possible, the Depositary shall fix a record date as near as practicable to the record date set by the Company. Subject to the provisions of Sections 4.01 4.01 through 4.05 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Ypf Sociedad Anonima), Deposit Agreement (Ypf Sociedad Anonima)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateas or as near as practical to, to any corresponding record date set by the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter. The Depositary will promptly notify the Company of the fixing of any record date hereunder.
Appears in 2 contracts
Sources: Deposit Agreement (Protherics PLC), Deposit Agreement (Protherics PLC)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, as close as practicable to the extent practicable, as the corresponding record date, if any, for established by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which after consultation with the Issuer, if different from the record date shall be the same date, applicable to the extent practicableShares or other Deposited Securities, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled or to vote or to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares, which shall, to the extent practicable, be the same record date as that fixed by the Issuer for the Deposited Securities. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and or to vote or to give such voting instructions and to act in respect of any other such matterinstructions.
Appears in 2 contracts
Sources: Deposit Agreement (Vodafone Group Public LTD Co), Deposit Agreement (Vodafone Airtouch Public Limited Co)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which after consultation with the Issuer if such record date shall be is different from the same date, record date applicable to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Securities, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Parana Bank S.A.), Deposit Agreement (Perdigao Sa)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, date (which date shall be the same date, to the extent practicable, date as the record date, if any, date for the relevant Deposited Securities orSecurities, if different, or as close thereto soon thereafter as is practicable (the “ADS Record Date”), practicable) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge charges assessed by the Depositary pursuant to under this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Gold Fields LTD)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, as be the same record datedate fixed by the Company, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (MTN Group LTD/Adr)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Global Depositary ShareShare or whenever any exchange of Receipts for other depositary receipts is effected, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall (x) be the same datedate as the record date fixed by the Company, to the extent practicable, as or (y) if different from the record datedate fixed by the Company, if any, for be fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Global Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Global Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 2 contracts
Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which record date shall be shall, to the same date, extent applicable and to the extent practicable, be the same date as the corresponding record date, if any, date fixed by the Company for the Deposited Securities or, if different, underlying Shares or as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Companhia De Saneamento Do Parana Sanepar)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date (which date, which date if practicable, shall be the same date, to the extent practicable, date as the record datedate set by the Company, or if anysuch date is not practicable, for shall be as near as practicable to the Deposited Securities or, if different, as close thereto as is practicable (record date set by the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable is to be declared and paid or any distribution other than cash shall is to be declared and made, or whenever rights shall are to be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securitieswhenever, or whenever for any reason reason, the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find receives notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Company or the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date, date (which date shall be the same date, (i) to the extent practicable, be the same date that holders of Shares or other Deposited Securities shall be entitled to receive or exercise such rights, and (ii) with respect to record dates that are not the same as the corresponding record datedate set by the Company, if any, for be fixed only after Consultation with and the Deposited Securities or, if different, as close thereto as is practicable consent of the Company) (the “ADS Record Date”), (ai) for the determination of the Owners who shall be entitled (ia) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, thereof or (iib) entitled to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementreceive information as to such meeting, or (bii) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.6 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to exercise the rights of Owners hereunder with respect to such changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which after Consultation with the Issuer if such record date shall be the same date, to the extent practicable, as is different from the record date, if any, for date applicable to the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter. Any such record date fixed by the Depositary will, to the extent practicable, be the same as, or as close as practicable to, the record date fixed by the Issuer with respect to such dividend, distribution or meeting.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, or as close as reasonably practicable to the extent practicable, as record date fixed by the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Issuer, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee fees or charge charges assessed by the Depositary pursuant to this the Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Corporacion Financiera Del Valle Sa)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, date which date shall be to the extent practicable the same datedate as the record date fixed by the Issuer, or if different from the record date fixed by the Issuer, fixed after consultation with the Issuer, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as to which such consultation is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued issued, with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securitieswhenever, or whenever for any reason reason, the Depositary causes a change in the number of Shares that are represented by each American Rule 144A GDS or whenever the Rule 144A Depositary Share, shall receive notice of any meeting of holders of Shares or other Rule 144A Deposited Securities or whenever the Depositary shall find finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date, date after consultation with the Company (which date shall be the same date, as near as practicable to the extent practicable, as corresponding record date for such distribution or meeting set by the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”Company),
(a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereofthereof or to receive notice as to such meeting, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) for fixing the date on or after which each American Depositary Share Rule 144A GDS will represent the changed number of SharesShares or (c) in respect of other matters. Subject to the provisions of Sections 4.01 Section 4.02 through 4.05 4.07 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of the sale thereof and to exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each Rule 144A GDS, in proportion to the number of American Depositary Shares Rule 144A GDSs held by them respectively and to give voting instructions and to act in respect of any other such matterrespectively.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), ) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS such Record Date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall (x) to the extent practicable be the same date, to the extent practicable, date as the record datedate fixed by the Issuer, if any, for or (y) if different from the Deposited Securities orrecord date fixed by the Issuer, if different, be as close thereto near as is practicable (to the “ADS Record Date”), record date fixed by the Issuer (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant receive information as to this Deposit Agreementsuch meeting, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares or (c) for any other reason. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Syngenta Ag)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, either (x) be the same date as the record datedate fixed by the Company, or (y) if anydifferent from the record date fixed by the Company, for the Deposited Securities or, if different, be as close thereto near as is practicable (to such record date and be fixed after consultation with the “ADS Record Date”), Company (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at at, and to attend (without voting or speaking), any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after the date on which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to attend such meeting (without voting or speaking) and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall shall, (x) be the same datedate as the record date fixed by the Company, if any, to the extent practicable, or (y) if different from the record date fixed by the Company, be as near as practicable to the record date fixed by the Company, or, if more than five (5) business days after such record date, if any, for be fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) who shall be responsible for any fee or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Statoil Asa)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities or whenever reasonably requested by the Company in respect of any other matter, the Depositary shall fix a record date, date (which date shall be as near as practicable to any corresponding record date set by the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for to act in respect of any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, other such matter or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders owners of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it reasonably necessary or convenient, the Depositary shall fix a record date, which date which, if practicable, shall be the same date, to the extent practicable, as the record date, if any, established by the Company for the Deposited Securities such purpose or, if different, as close near thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) responsible for obligated to pay any fee or charge assessed by the Depositary charges pursuant to this Deposit Agreement, clause (9) of Section 5.09 or (b) on or after the date as of which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), ) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, be either (x) the same date as the record datedate fixed by the Company, or (y) if anydifferent from the record date fixed by the Company, for be fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at at, and to attend, any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other cash distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to attend such meeting and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Promotora Y Operadora De Infraestructura, S.A.B De C.V.)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Global Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be as near as practicable to any corresponding record date fixed by the same date, to Company in respect of the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Shares, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Global Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Global Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (GB Auto S.A.E)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, with reference to the extent practicable, as Company's record date of the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Shares (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) who shall be responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date which date shall be as near as reasonably practicable to any corresponding record date fixed by the same date, to Company in respect of the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Shares, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive on the payment date, or as soon as reasonably practicable thereafter, the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever for any reason the Depositary gives effect to a change in the number of Shares that correspond to each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason administrative purpose the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find deems it necessary or convenientto do so, the Depositary shall fix a record date, after consultation with the Issuer, when practicable, (which date shall be the same date, to the extent practicable, as the same record datedate fixed by the Issuer), if anyand with the prior approval of the Issuer, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)when practicable, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent correspond to the changed number of SharesShares or (c) to facilitate the administrative purpose for which the record date was set. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, as be the same record date, if any, for date fixed by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. If a coinciding record date is not possible, the Depositary shall fix a record date as near as practicable to the record date set by the Company. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, whenever the Company shall request the approval of Owners pursuant to the terms of Section 6.01, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, record date as the corresponding record datedate fixed by the Company, if any, for the Deposited Securities or, if different, or as close thereto as is practicable (the “ADS Record Date”)practicable, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by entitled to give approval in accordance with the Depositary pursuant to this Deposit Agreementterms of Section 6.01, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.held
Appears in 1 contract
Sources: Deposit Agreement (Vivendi)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record dateshall, which date shall be following consultation with the same dateCompany, to the extent practicable, as the fix a record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), date (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Deposited Securities that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be after consultation with the same date, Company if such record date is different from the record date applicable to the extent practicableDeposited Securities, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the which Owners who shall be (i) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled or to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other dividend, distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matterrespectively.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same datedate as, to or as near as practicable to, any corresponding record date set by the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Articles of Association, and the provisions of or governing the Deposited Securities and applicable law, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and or to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Ternium S.A.)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date which date shall be to the extent practicable the same datedate as the record date fixed by the Company, or if different from the record date fixed by the Company, fixed after consultation with the Company, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as to which such consultation is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (PT Multimedia - Servicos De Telecomunicacoes E Multimedia, SGPS, S.A.)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Deposited Securities that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which after consultation with the Company if such record date shall be is different from the same date, record date applicable to the extent practicableDeposited Securities, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled to give instructions or for fixing the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) date on or after which each American Depositary Share will represent the changed number of SharesDeposited Securities, or to give instructions for the exercise of voting rights at any such meeting. Subject to the provisions of Sections 4.01 4.2 through 4.05 4.6 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other dividend, distribution or such rights or the net proceeds of sale thereof thereof, to exercise the rights of Holders hereunder with respect to such changed number of Deposited Securities, in proportion to the number of American Depositary Shares held by them respectively respectively, and to give voting instructions instructions, receive such notice or solicitation and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Lenovo Group LTD)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same datebe, to the extent practicable, the same date as the record datedate fixed by the Issuer, or if anydifferent from the record date fixed by the Issuer, for be as near as practicable to the Deposited Securities or, if different, as close thereto as is practicable (record date fixed by the “ADS Record Date”), Issuer (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or if the Depositary has the right to vote the Shares or other Deposited Securities represented by the American Depositary Shares, whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities or whenever the Depositary shall find it necessary or convenientnecessary, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as be the same record date, if any, for date fixed by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of, or convenientmatter requiring the vote of, holders of Shares or other Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, be the same as the record datedate fixed by the Issuer, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled or to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. The Depositary shall notify the Issuer of any such record date. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, only the Owners Holders at the close of business on the ADS Record Date such record date shall be entitled, as the case may be, entitled (i) to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and or (ii) to give such voting instructions and to act in respect of any other such matterinstructions.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, to the extent practicableapplicable, shall be as close as possible to the record date, if any, for date applicable to the relevant Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Securities) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares or (c) for the determination of the Owners who shall be responsible for any fees assessed by the Depositary. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitledentitled or obligated, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and to act and/or be liable or obligated in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever for any reason there is a change in the number of Shares that are represented by each Global Depositary Security, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, to the extent practicable, date as the record datecorresponding date fixed by the Company, if any, for or a different date fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) who shall be responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) fixing the date on or after which each American Global Depositary Share Security will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Global Depositary Shares Securities held by them respectively and to give voting instructions to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same datedate as, or as near as practicable to, any corresponding record date set by the Company or applicable to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company under Mexican law or regulations) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and or to act in respect of any other such matter. The Depositary shall notify the Company of any record date is sets that differs from a corresponding record date set by the Company.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenientnecessary, the Depositary shall shall, unless otherwise notified by the Company in writing, fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Sthree PLC)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, be either (x) the same date as the record datedate fixed by the Company, or (y) if anydifferent from the record date fixed by the Company, for be fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company (a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at at, and to attend (without voting or speaking), any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to attend such meeting (without voting or speaking) and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Posco)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever for any reason there is a change in the number of Shares that are represented by each Global Depositary Security, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, to the extent practicable, date as the record datecorresponding date fixed by the Company, if any, for or a different date fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) who shall be responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) fixing the date on or after which each American Global Depositary Share Security will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Global Depositary Shares Securities held by them respectively and to give voting instructions to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners Registered Holders who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares, or (c) for any other reason. Such record date shall, to the extent practicable, be the same record date as any corresponding record date set by the Company for such purpose. Subject to the provisions of Sections 4.01 through 4.05 4.06 and to the other terms and conditions of this Deposit Agreement, the Owners Registered Holders on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and them, respectively, to give voting instructions and to act in respect of any other such matter, or shall be obligated in respect of any matter, for which such record date has been set.
Appears in 1 contract
Sources: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, as near as practicable to the extent practicable, as corresponding record date for Shares of the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) who shall be responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, date which date shall be the same date, to the extent practicable, as the record date, if any, date set by the Issuer for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares, or (c) for any such other matter. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and 5.7 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Depositary will endeavor to set a record date as close as reasonably practicable to any corresponding date set by the Company with respect to the Deposited Securities. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same dateas, to or as near as practicable to, the extent practicable, as the corresponding record date, if any, for fixed by the Deposited Securities or, if different, as close thereto as is practicable (Company with respect to the “ADS Record Date”), Shares (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Global Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date which date shall be the same date, to the extent practicable, date as the record date, if any, for applicable to the Deposited Securities orSecurities, if different, or as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Global Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Global Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Global Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued issued, with respect to the Deposited Securities, or whenever, for any reason, the Depositary causes a change in the number of Shares that are represented by each International GDS or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, Securities or whenever the Depositary shall find finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date, date after consultation with the Company (which date shall be the same date, as near as practicable to the extent practicable, as corresponding record date for such distribution or meeting set by the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”Company),
(a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereofthereof or to receive notice as to such meeting, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) for fixing the date on or after which each American Depositary Share International GDS will represent the changed number of SharesShares or (c) in respect of other matters. Subject to the provisions of Sections 4.01 Section 4.02 through 4.05 4.07 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of the sale thereof and to exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each International GDS, in proportion to the number of American Depositary Shares International GDSs held by them respectively and to give voting instructions and to act in respect of any other such matterrespectively.
Appears in 1 contract
Sources: International Deposit Agreement (Tata Motors LTD/Fi)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date which date shall be the same date, to the extent practicable, date as the record date, if any, for applicable to the Deposited Securities orSecurities, if different, or as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 of the Deposit Agreement and to the other terms and conditions of this the Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and respectively, to give voting instructions instructions, to exercise the rights of Owners under the Deposit Agreement with respect to such changed number of shares and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, whenever the Company shall request the approval of Owners pursuant to the terms of Section 6.01, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, record date as the corresponding record datedate fixed by the Company, if any, for the Deposited Securities or, if different, or as close thereto as is practicable (the “ADS Record Date”)practicable, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by entitled to give approval in accordance with the Depositary pursuant to this Deposit Agreementterms of Section 6.01, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable is to be declared and paid or any distribution other than cash shall is to be declared and made, or whenever rights shall are to be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securitieswhenever, or whenever for any reason reason, the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find receives notice of any meeting of or solicitation of consents or proxies from holders of Shares or other Deposited Securities, or whenever the Company or the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date, date (which date shall be the same date, (i) to the extent practicable, be the same date that holders of Shares or other Deposited Securities shall be entitled to receive or exercise such rights, and (ii) with respect to record dates that are not the same as the corresponding record datedate set by the Company, if any, for be fixed only after Consultation with the Deposited Securities or, if different, as close thereto as is practicable Company)
(the “ADS Record Date”), (ai) for the determination of the Owners Holders who shall be entitled (ia) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, thereof or (iib) entitled to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementreceive information as to such meeting, or (bii) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.6 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders Holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit AgreementAgreement or any taxes or other governmental charges, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall shall, after consultation with the Company, fix a record date, date which date shall be the same dateshall, to the extent practicable, be the same as the record date, if any, for date fixed by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, be either (x) the same date as the record datedate fixed by the Company, or (y) if anydifferent from the record date fixed by the Company, for be fixed after consultation with the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at at, and to attend (without voting or speaking), any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to attend such meeting (without voting or speaking) and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Natuzzi S P A)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which date shall be after consultation with the same date, to the extent practicable, as Issuer if such record date is different from the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)date applicable to holders of Shares, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which after Consultation with the Issuer if such record date shall be the same date, to the extent practicable, as is different from the record date, if any, for date applicable to the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter. Any such record date fixed by the Depositary will be the same as, or as close as practicable to, the record date fixed by the Issuer with respect to such dividend, distribution or meeting.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable is to be declared and paid or any distribution other than cash shall is to be declared and made, or whenever rights shall are to be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securitieswhenever, or whenever for any reason reason, the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find receives notice of any meeting of or solicitation of consents or proxies from holders of Shares or other Deposited Securities, or whenever the Company or the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date, date (which date shall be the same date, (i) to the extent practicable, be the same date that holders of Shares or other Deposited Securities shall be entitled to receive or exercise such rights, and (ii) with respect to record dates that are not the same as the corresponding record datedate set by the Company, if any, for be fixed only after Consultation with the Deposited Securities or, if different, as close thereto as is practicable Company) (the “ADS Record Date”), (ai) for the determination of the Owners Holders who shall be entitled (ia) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, thereof or (iib) entitled to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementreceive information as to such meeting, or (bii) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.6 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued is being made with respect to the any Deposited Securities, Securities or whenever the Depositary shall receive notice of any meeting of holders of Ordinary Shares, Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, Securities is being held or whenever the Depositary shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter or for determining who shall be responsible for the fee assessed by the Depositary for administration of the American Depositary Share program and for any expenses provided for in paragraph (8) of the form of Receipt, the Depositary shall may fix a record date, date (which date shall be the same dateshall, to the extent practicable, be the same as any corresponding record date set by the record date, if any, for Company with respect to the Deposited Securities orOrdinary Shares or the Trustee with respect to the Ordinary Shares or Shares and, if different, as close thereto as is practicable (shall be set after consultation with the “ADS Record Date”)Company, (aif practicable) for the determination of the Owners Holders of Receipts evidencing the American Depositary Shares representing such Deposited Securities who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, to receive such notice or (iii) responsible for any fee solicitation or charge assessed by the Depositary pursuant to act in respect of such other matter. Subject to this Deposit Agreement, or (b) only such Holders at the close of business on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitledentitled to receive any such distribution or proceeds, as the case may beto give such voting instructions, to receive the amount distributable by the Depositary with respect to such dividend notice or other distribution solicitation or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any such other such matter.
Appears in 1 contract
Sources: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, to the extent practicable, date as the record date, if any, date for the relevant Deposited Securities orSecurities, if different, or as close thereto soon thereafter as is practicable (the “ADS Record Date”), practicable) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementreceive information as to such meeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued issued, with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securitieswhenever, or whenever for any reason reason, the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, Rule 144A GDS or whenever the Depositary shall find receive notice of any meeting of or solicitation of consents or proxy of holders of Shares or other Deposited Securities or whenever the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date, date after consultation with the Company (which date shall be the same date, as near as practicable to the extent practicable, as corresponding record date for such distribution or meeting set by the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereofthereof or to receive notice as to such meeting, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) for fixing the date on or after which each American Depositary Share Rule 144A GDS will represent the changed number of SharesShares or (c) in respect of other matters. Subject to the provisions of Sections 4.01 Section 4.02 through 4.05 4.07 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of the sale thereof and to exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each Rule 144A GDS, in proportion to the number of American Depositary Shares Rule 144A GDSs held by them respectively and to give voting instructions and to act in respect of any other such matterrespectively.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS "Record Date”), ") (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS such Record Date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Issuer for the determination of the holders of Deposited Securities entitled to receive any cash dividend or other cash distribution shall become payable or distribution, any distribution other than cash shall be madecash, or whenever any rights shall to be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of the fixing of a record date by the Issuer for the determination of the holders of Deposited Securities entitled to vote at any meeting of holders of Shares or convenientother Deposited Securities, the Depositary Depositary, in consultation with the Issuer, shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners of Receipts who shall be (i) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled or to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matterrespectively.
Appears in 1 contract
Sources: Deposit Agreement (Micro Focus Group Public Limited Company)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date which date shall be as near as practicable to any corresponding records date fixed by the same date, to Company in respect of the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Shares (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive on the payment date, or as soon as practicable thereafter, the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Rexam PLC /Fi)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Units or Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, be either (x) the same date as the record datedate fixed by the Issuer or (y) if different from the record date fixed by the Issuer, if anythe date fixed after consultation with the Issuer, for the Deposited Securities or, if different, which shall be as close thereto to the record date fixed by the Issuer as is practicable (the “ADS Record Date”)practicable, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) responsible for that fee or charge or (iii) entitled to give instructions for the exercise of voting rights at any such meeting and attend (without voting or (iiispeaking) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementthat meeting, or (b) on or after which each American Depositary Share will represent the changed number of Units or Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to attend such meeting (without voting or speaking) and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or if the Depositary has the right to vote the Shares or other Deposited Securities represented by the American Depositary Shares, whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities or whenever the Depositary shall find it necessary or convenientnecessary, the Depositary shall will fix a record date, which date shall be the same date, to the extent practicable, as be the same record date, if any, for date fixed by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Company, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date shall such record date will be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of or sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which after Consultation with the Issuer if such record date shall be the same date, to the extent practicable, as is different from the record date, if any, for date applicable to the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.6 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter. Any such record date fixed by the Depositary will be the same as, or as close as practicable to, the record date fixed by the Issuer with respect to such dividend, distribution or meeting.
Appears in 1 contract
Sources: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) who shall be responsible for any fee or charge assessed by the Depositary pursuant to this Amended and Restated Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Amended and Restated Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Units or Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same dateshall, to the extent practicable, be either (x) the same date as the record datedate fixed by the Company or (y) if different from the record date fixed by the Company, if anythe date fixed after consultation with the Company, for the Deposited Securities or, if different, which shall be as close thereto to the record date fixed by the Company as is practicable (the “ADS Record Date”)practicable, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii) responsible for that fee or charge or (iii) entitled to give instructions for the exercise of voting rights at any such meeting and attend (without voting or (iiispeaking) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementthat meeting, or (b) on or after which each American Depositary Share will represent the changed number of Units or Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 of the Deposit Agreement and to the other terms and conditions of this the Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to attend such meeting (without voting or speaking) and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, date (which date shall be the same date, to the extent practicablepracticable and provided that the Company has given the Depositary adequate written notice, as the corresponding record date, if any, for date set by the Deposited Securities Company or, if different, as close thereto as is practicable (the “ADS Record Date”), practicable) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.05 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Commercial International Bank Egypt S a E)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued issued, with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall shall, after consultation with the Company, fix a record date, which date shall to the extent practicable be the same date, to the extent practicable, as the record datedate fixed by the Company, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled or to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each receive American Depositary Share Shares that will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 4.04 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matterthem, respectively.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares Stapled Securities or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares Stapled Securities that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record datedate (which shall, which date shall insofar as reasonably practicable, be the same date, to as any record date established by the extent practicable, as Westfield Group in respect of the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Stapled Securities) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of SharesStapled Securities. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, to give voting instructions and or to act in respect of any other such matter.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, made or whenever rights shall be issued issued, with respect to the Deposited Securities, or whenever, for any reason, the Depositary causes a change in the number of Shares that are represented by each American Depositary Share or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, as near as practicable to the extent practicable, as the corresponding record date, if any, date for the Shares or other Deposited Securities or, if different, as close thereto as is practicable (set by the “ADS Record Date”), (aCompany) for the determination of the Owners Holders who shall be (i) entitled to receive such dividend, distribution or rights rights, or the net proceeds of the sale thereof, (ii) entitled or to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Sharesmeeting. Subject to the provisions of Sections 4.01 Section 4.02 through 4.05 4.06 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on the ADS Record Date such record date shall be entitled, as the case may be, entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matterrespectively.
Appears in 1 contract
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, date (which date shall be the same date, as near as practicable to the extent practicable, as corresponding record date for Shares of the record date, if any, for the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”), Company) (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) who shall be responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall either (a) be the same date, to the extent practicable, date as the record datedate fixed by the Company, or (b) if anydifferent from the record date fixed by the Company, for the Deposited Securities or, if different, be as close thereto near as is practicable to such record date (the “ADS Record Date”), (ai) for the determination of the Owners who shall be (i1) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, (ii2) entitled to give instructions for the exercise of voting rights at at, and to attend (without voting or speaking), any such meeting or (iii3) responsible for any fee fees or charge charges assessed by the Depositary pursuant to this Deposit Agreement, or (bii) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date shall be entitledsuch record date shall, as the case may be, be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively and respectively, be entitled to give voting instructions and to act in respect of any other such mattermatter or be responsible for such fee or charges.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or if the Depositary has the right to vote the Shares or other Deposited Securities represented by the American Depositary Shares, whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities or whenever the Depositary shall find it necessary or convenientnecessary, the Depositary shall fix a record date, which date shall be the same date, to the extent practicable, as be the same record date, if any, for date fixed by the Deposited Securities or, if different, as close thereto as is practicable (the “ADS Record Date”)Issuer, (a) for the determination of the Owners who shall be (i) entitled to receive such dividend, distribution or rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreementmeeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on the ADS Record Date such record date shall be entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively and to give voting instructions instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Turkiye Garanti Bankasi a S /Fi)