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, 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 Stock or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting. Subject to the terms hereof and of the Deposit Agreement, the Holders of Receipts on such record date shall 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.
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, after consultation with the Company if such record date is different from the record date applicable to the Deposited Securities, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date which shall be, to the extent practicable, the same date as the record date for the Shares or other Deposited Securities, as the case may be, or as close thereto as practicable, after Consultation with the Company, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereofthereof or (ii) entitled to exercise, or to give instructions for the exercise of of, voting rights at any such meeting, 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for exercise the exercise rights of Owners hereunder with respect to such voting rights changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by themthem respectively and to exercise, respectivelyor give instructions for the exercise of, voting 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 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be either (x) the same date as the record date fixed by the Company, or (y) if different from the record date fixed by the Company, be fixed after consultation with the Company (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or (iii) responsible for any fee or 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds 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 for the Deposited Securities or (y) if different, after consultation with the Company, be fixed to be a date as soon thereafter as practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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, (b) on or after which each American Depositary Share will represent the changed number of Shares or (c) for any other matter. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same date as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or (iii) responsible for any fee or 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall shall, after notifying the Company, fix a 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 Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or (iii) who shall be responsible for any fee or 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary Depositary, after consultation with the Company if practicable, shall fix a record date which shall be the same date as the corresponding record date, if any, applicable to the Deposited Securities, or as close thereto as practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Holders of Receipts Shares of a particular Series who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares of the corresponding Series 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 (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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as or as near as practical to, any corresponding record date set by the Company, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be the same record date fixed by the Company, if any, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date (which shall be the same date as the record date for the relevant Deposited Securities, or as soon thereafter as practicable) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) responsible for any fee or charges assessed by the Depositary 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares 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 finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall (x) be the same date as the record date fixed by the Company, to the extent practicable, or (y) if different from the record date fixed by the Company, be fixed after consultation with the Company, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Global Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be the same record date fixed by the Company (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, after consultation with the Issuer, if different from the record date applicable to the Shares or other Deposited Securities, for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to vote or to give instructions for the exercise of voting rights at any such meeting, or 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall 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, respectivelythem respectively or to vote or to give such voting instructions.
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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (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 Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date ADS Record Date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same date, to the extent practicable, as the record date for the Deposited Securities or if different, as close thereto as practicable, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds 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 Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date the ADS Record Date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be as close as practicable to the corresponding record date, if any, established by the Company, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (as close as practicable to the record date, if any, fixed by the Company in respect of such matter) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meeting, or (iii) obligated to pay any charges pursuant to clause (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, as close to the record date established by the Company as is reasonably practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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, the Depositary shall fix a record date (which record date, if not the same as the record date set by the Issuer, shall be as close to practicable to the 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 entitled to receive such dividend, distribution or rights or the net proceeds of the sale 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix fix, after Consultation with the Issuer, a record date for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or entitled to give instructions for the exercise of voting rights at any such meeting. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders Owners at the close of Receipts business on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be either (x) the same date as the record date fixed by the Company, or (y) if different from the record date fixed by the Company, be fixed after consultation with the Company (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date after consultation with the Issuer if such record date is different from the record date applicable to holders of Shares, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever for any reason the Depositary shall receive notice of any meeting of holders of Stock or other Deposited Securities, or whenever there is causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds it necessary shall 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 for the determination of the Holders Owners of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting, or 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall 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, them respectively.
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, after Consultation with the Issuer if such record date is different from the record date applicable to the Deposited Securities (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (which date, to the extent applicable, shall be as close as possible to the record date applicable to the relevant Deposited Securities) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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, (b) on or after which each American Depositary Share will represent the changed number of Shares 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date (which shall be the same date as the corresponding date fixed by the Company, or a different date fixed after consultation with the Company) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale 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 assessed by the Depositary pursuant to this Deposit Agreement, or (b) fixing the date on or after which each Global Depositary Security will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Global Depositary Shares Securities held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, Securities or whenever the Depositary finds shall find it necessary or convenientnecessary, the Depositary shall fix a record date, which date shall to the extent practicable, be the same record date fixed by the Company, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders Holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds 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 Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date the ADS Record Date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, is being made with respect to the any Deposited SecuritiesSecurities or any meeting of holders of Ordinary Shares, Shares or other Deposited Securities is being held or whenever the Depositary shall receive notice of any meeting of holders of Stock or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds 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 (which shall, to the extent practicable, be the same as any corresponding record date set by the Company with respect to the Ordinary Shares or the Trustee with respect to the Ordinary Shares or Shares and, if different, shall be set after consultation with the Company, if practicable) for the determination of the Holders of Receipts evidencing the American Depositary Shares representing such Deposited Securities who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting, to receive such notice or solicitation or to act in respect of such other matter. Subject to the terms hereof and of the this Deposit Agreement, only such Holders at the Holders close of Receipts business on such record date shall be entitled to receive the amount distributable by the Depositary with respect to any such dividend or other distribution or proceeds, to give such rights voting instructions, to receive such notice or the net proceeds of sale thereof solicitation or to give instructions for the exercise act in respect of any such voting rights in proportion to the number of American Depositary Shares held by them, respectivelyother 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Stapled Securities or other Deposited Securities, or whenever there is 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 finds it necessary or convenient, the Depositary shall fix a record date (which shall, insofar as reasonably practicable, be the same as any record date established by the Westfield Group in respect of the Stapled Securities) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or (iii) responsible for any fee or 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 Stapled Securities. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions 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, or whenever rights shall be issued, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (which shall be the same date as the record date for the relevant Deposited Securities, or as soon thereafter as practicable) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meeting, or (iii) to receive information as to such meeting, (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Rule 144A GDS or whenever the Depositary shall receive notice of any meeting of or solicitation of consents or proxy of holders of Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, Securities or whenever the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date after consultation with the Company (which shall be as near as practicable to the corresponding record date for such distribution or meeting set by the Company) (a) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or to give instructions for the exercise of voting rights at any receive notice as to such meeting, (b) for fixing the date on or after which each Rule 144A GDS will represent the changed number of Shares or (c) in respect of other matters. Subject to the provisions of Section 4.02 through 4.07 and to the other terms hereof and conditions of the Deposit this Agreement, the Holders of Receipts on such record date shall 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 or and to give instructions for exercise the exercise rights of Holders hereunder with respect to such voting rights 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, them 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary and the Company agree to cause a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it reasonably necessary or convenient, the Depositary shall fix a record date which date shall be, the same or as near as practicable to the record date set by the Company, if any, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) responsible for any fee 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Arkema)
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be the same record date fixed by the Company (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number Company shall request the approval of shares represented by each American Depositary ShareOwners pursuant to the terms of Section 6.01, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same record date as the corresponding record date fixed by the Company, or as close thereto as practicable, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) entitled to give approval in accordance with the terms 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectively.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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be either (x) the same date as the record date fixed by the Company, or (y) if different from the record date fixed by the Company, be fixed after consultation with the Company, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to Sections 4.01 through 4.05 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same or as close as reasonably practicable to the record date fixed by the Issuer, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) responsible for any fees or charges assessed by the Depositary pursuant to 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever for any reason there occurs a change in the number or type of Deposited Securities that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of, or solicitation of consents or proxies from, holders of Stock Shares or other Deposited Securities, Securities or whenever there is a change in the number of shares represented by each American Depositary Share, Company or whenever the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date (which, to the extent practicable, shall be the same as any corresponding record date set by the Company with respect to Shares, and after consultation with the Company if such date is to be different from any such record date established by the Company in respect of the Shares) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting. Subject meeting or in respect of any such solicitation or to receive information as to any such meeting or solicitation, or for fixing the date on or after which each American Depositary Share will represent the changed number or type of Deposited Securities, subject to the terms hereof and conditions of the Deposit Agreement. If the American Depositary Shares shall be listed on any stock exchange, the Holders of Receipts on then any such record date shall be entitled to receive the amount distributable by the Depositary fixed in accordance 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 any applicable rules of such voting rights in proportion to stock exchange. The Depositary as promptly as practicable shall advise the number of Company and, if the American Depositary Shares held shall be listed on any stock exchange, such stock exchange of any record date so fixed by them, respectivelythe Depositary.
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, either (x) be the same date as the record date fixed by the Company, or (y) if different from the record date fixed by the Company, be as near as is practicable to such record date and be fixed after consultation with the Company (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be either (x) the same date as the record date fixed by the Company or (y) if different from the record date fixed by the Company, the date fixed after consultation with the Company, which shall be as close to the record date fixed by the Company as is practicable, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 and attend (without voting or speaking) that 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 4.1 through 4.5 of the Deposit Agreement and to the other terms hereof and conditions of the Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 of, or matter requiring the vote of, holders of Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Issuer, for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting, or 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 hereof and conditions of the this Deposit Agreement, only the Holders at the close of Receipts business on such record date shall 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by them, respectivelythem respectively or (ii) to give such voting instructions.
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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall shall, after consultation with the Company, fix a record date which date shall, to the extent practicable, be the same as the record date fixed by the Company (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, Securities or whenever the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date after consultation with the Company (which shall be as near as practicable to the corresponding record date for such distribution or meeting set by the Company)
(a) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or to give instructions for the exercise of voting rights at any receive notice as to such meeting, (b) for fixing the date on or after which each International GDS will represent the changed number of Shares or (c) in respect of other matters. Subject to the provisions of Section 4.02 through 4.07 and to the other terms hereof and conditions of the Deposit this Agreement, the Holders of Receipts on such record date shall 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 or and to give instructions for exercise the exercise rights of Holders hereunder with respect to such voting rights changed number of Shares represented by each International GDS, in proportion to the number of American Depositary Shares International GDSs held by them, them respectively.
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which record date shall, to the extent applicable and to the extent practicable, be the same date as the corresponding record date fixed by the Company for the underlying Shares or as close thereto as practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (which date, if practicable, shall be the same date as the record date set by the Company, or if such date is not practicable, shall be as near as practicable to the record date set by the Company) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, Securities or whenever the Depositary finds shall find it necessary or convenientnecessary, the Depositary shall will fix a record date, which date shall to the extent practicable, be the same record date fixed by the Company, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the terms hereof and provisions of the Deposit Agreement, the Holders of Receipts Owners on such record date shall will be entitled 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date with reference to the Company's record date of the Shares (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale 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 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date which date shall be to the extent practicable the same date 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 to which such consultation is practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, Securities or whenever the Depositary finds shall, after consultation with the Company, find it necessary or convenientconvenient for any other purpose, the Depositary shall fix a record date which shall, to the extent practicable, be either (x) the same record date as fixed by the Company or (y) if different from the record date fixed by the Company, fixed after consultation with the Company, (a) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or thereof (ii) to give instructions for the exercise of voting rights at any such meeting, or (iii) to receive information as to such meeting, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject To the extent practicable and subject to the provisions of Sections 4.01 through 4.05 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto exercise the rights of Holders 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 (Erste Bank Der Oesterriechischen /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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date which date shall be to the extent practicable the same date 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 to which such consultation is practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date which shall be the same date as the record date, if any, applicable to the Deposited Securities, or as close thereto as practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 of the Deposit Agreement and to the other terms hereof and conditions of the Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively, respectivelyto give voting 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date (which shall be the same date as the corresponding date fixed by the Company, or a different date fixed after consultation with the Company) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale 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 assessed by the Depositary pursuant to this Deposit Agreement, or (b) fixing the date on or after which each Global Depositary Security will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.05 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Global Depositary Shares Securities held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Global Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date which shall be the same date as the record date, if any, applicable to the Deposited Securities, or as close thereto as practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each 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 hereof and conditions of the this Global Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Global Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date after consultation with the Company if such record date is different from the record date applicable to the Deposited Securities, for the determination of the Holders of Receipts who which Owners shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting, or 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, them 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenientnecessary, the Depositary shall shall, unless otherwise notified by the Company in writing, fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) responsible for any fee 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, made or whenever rights shall be issued, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date (which shall be as near as practicable to the corresponding record date for Shares or other Deposited Securities set by the Company) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights rights, if any, at any such meeting. Subject to the provisions of Section 4.02 through 4.06 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall 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 exercise the exercise rights of Holders hereunder with respect to such voting rights changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them, them 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, or whenever a Stock Split shall be announced by the Company, 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 Rule 144A GDS or whenever the Rule 144A Depositary shall receive notice of any meeting of holders of Stock Shares or other Rule 144A Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, Securities or whenever the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date after consultation with the Company (which shall be as near as practicable to the corresponding record date for such distribution or meeting set by the Company)
(a) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or to give instructions for the exercise of voting rights at any receive notice as to such meeting, (b) for fixing the date on or after which each Rule 144A GDS will represent the changed number of Shares or (c) in respect of other matters. Subject to the provisions of Section 4.02 through 4.07 and to the other terms hereof and conditions of the Deposit this Agreement, the Holders of Receipts on such record date shall 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 or and to give instructions for exercise the exercise rights of Holders hereunder with respect to such voting rights 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, them 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Global Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which shall be as near as practicable to any corresponding record date fixed by the Company in respect of the Shares, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) responsible for any fee or charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Global Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be either (x) the same date as the record date fixed by the Company, or (y) if different from the record date fixed by the Company, be fixed after consultation with the Company (a) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, Securities or whenever there is a change reasonably requested by the Company in the number respect of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenientany other matter, the Depositary shall fix a record date (which shall be as near as practicable to any corresponding record date set by the Company) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or to act in respect of any 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds determines to charge the fees or collect expenses from all Owners referred to in Section 5.09, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meeting, or (iii) obligated to the Depositary in respect of such fees and/or expenses, 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 hereof and condi-tions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall, to the extent practicable, be either (x) the same date as the record date fixed by the Issuer or (y) if different from the record date fixed by the Issuer, the date fixed after consultation with the Issuer, which shall be as close to the record date fixed by the Issuer as is practicable, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 and attend (without voting or speaking) that 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (the “Record Date”) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date Record Date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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 a cash dividend, cash distribution or any cash dividend other distribution is made on Deposited Securities or rights to purchase Shares or other cash securities are issued with respect to Deposited Securities (which rights will be treated in accordance with Section 4.4) or the Depositary receives notice that a distribution shall become payable or any distribution other than cash shall issuance of that kind will be made, or whenever rights shall be issued, the Depositary will assess a fee or whenever a Stock Split shall be announced by charge against the Company, with respect to the Deposited SecuritiesOwners, or whenever the Depositary shall receive notice of any meeting of holders of Stock or other Deposited Securities, or whenever there is causes a change in the number of shares Shares that are represented by each American Depositary ShareSecurity, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Holders of Receipts Owners (i) who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, the benefit of that dividend or other distribution or rights, those rights or the net proceeds of the sale thereofthereof , (ii) who shall be responsible for that fee or charge or (iii) for any other purpose for which the record date was set, or to give instructions for (b) on or after which each American Depositary Security will represent the exercise changed number of voting rights at any such meetingShares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to such that dividend or other distribution or such those 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 Securities held by themthem respectively, respectivelyor to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall (x) to the extent practicable be the same date as the record date fixed by the Issuer, if any, or (y) if different from the record date fixed by the Issuer, be as near as practicable to the record date fixed by the Issuer (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) receive information as to such meeting, (b) on or after which each American Depositary Share will represent the changed number of Shares or (c) for any other reason. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenientshall, after consultation with the Depositary shall Company, fix a record date, which date shall to the extent practicable be the same as the record date fixed by the Company, for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meetingmeeting or to receive American Depositary Shares that will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall 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 for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall shall, following consultation with the Company, to the extent practicable, fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date (which shall be the same date, to the extent practicable and provided that the Company has given the Depositary adequate written notice, as the corresponding record date set by the Company or, if different, as close thereto as practicable) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever for any reason there occurs a change in the number or type of Deposited Securities that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of, or solicitation of consents or proxies from, holders of Stock Shares or other Deposited Securities, Securities or whenever there is a change in the number of shares represented by each American Depositary Share, Company or whenever the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record date (which, to the extent practicable, shall be the same as any corresponding record date set by the Company with respect to Shares, and after consultation with the Company if such date is to be different from any such record date established by the Company in respect of the Shares) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting. Subject meeting or in respect of any such solicitation or to receive information as to any such meeting or solicitation, or for fixing the date on or after which each American Depositary Share will represent the changed number or type of Deposited Securities, subject to the terms hereof and conditions of the this Deposit Agreement. If the American Depositary Shares shall be listed on any stock exchange, the Holders of Receipts on then any such record date shall be entitled to receive the amount distributable by the Depositary fixed in accordance 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 any applicable rules of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelystock exchange.
Appears in 1 contract
Sources: Deposit Agreement (Axa)
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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date which shall be as near as reasonably practicable to any corresponding record date fixed by the Company in respect of the Shares, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever for any administrative purpose the Depositary finds deems it necessary or convenientto do so, the Depositary shall fix a record date, after consultation with the Issuer, when practicable, (which shall be to the extent practicable, the same record date fixed by the Issuer), and with the prior approval of the Issuer, when practicable, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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, (b) on or after which each American Depositary Share will correspond to the changed number of Shares or (c) to facilitate the administrative purpose for which the record date was set. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders owners of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it reasonably necessary or convenient, the Depositary shall fix a record date date, which, if practicable, shall be the record date, if any, established by the Company for such purpose or, if different, as near thereto as practicable (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meeting, or (iii) obligated to pay any charges pursuant to 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Registered Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 4.06 and to the other terms hereof and conditions of the this Deposit Agreement, the Registered Holders of Receipts on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (which shall be as near as practicable to the corresponding record date for Shares of the Company) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary 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 set by the Issuer for the Deposited Securities (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 4.1 through 4.5 and 5.7 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the company with respect to Shares, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which date shall, (x) be the same date 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, be fixed after consultation with the Company (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or (iii) who shall be responsible for any fee or 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which date shall either (a) be the same date as the record date fixed by the Company, or (b) if different from the record date fixed by the Company, be as near as is practicable to such record date (i) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (1) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (2) entitled to give instructions for the exercise of voting rights at at, and to attend (without voting or speaking), any such meetingmeeting or (3) responsible for any fees or charges assessed by the Depositary pursuant to this Deposit Agreement, or (ii) 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelybe entitled to give voting instructions and to act in respect of any other such matter 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, after consultation with the Company if such record date is different from the record date applicable to the Deposited Securities, for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or for fixing the date on or after which each American Depositary Share will represent the changed number of Deposited Securities, or to give instructions for the exercise of voting rights at any such meeting. Subject to the provisions of Sections 4.2 through 4.6 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall be entitled 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 thereof, to give instructions for exercise the exercise rights of Holders hereunder with respect to such voting rights changed number of Deposited Securities, in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyand to give voting instructions, receive such notice or solicitation and to act in respect of any other such matter.
Appears in 1 contract
Sources: Deposit Agreement (Henderson Land Development Company LTD /Fi)
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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever whenever, for any reason, the Depositary shall receive notice of any meeting of holders of Stock or other Deposited Securities, or whenever there is causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary 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 (which shall (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 date set by the Company, be fixed only after Consultation with and the consent of the Company) (i) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, entitled (a) to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, thereof or (b) to give instructions for the exercise of voting rights rights, if any, at any such meeting or to receive information as to such meeting, or (ii) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.6 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall 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 exercise the exercise rights of Owners hereunder with respect to such voting rights changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, after Consultation with the Issuer if such record date is different from the record date applicable to the Deposited Securities (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever whenever, for any reason, the Depositary shall receive notice of any meeting of holders of Stock or other Deposited Securities, or whenever there is causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary 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 (which shall (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 date set by the Company, be fixed only after Consultation with the Company) (i) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled (a) to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, thereof or (b) to give instructions for the exercise of voting rights rights, if any, at any such meeting or to receive information as to such meeting, or (ii) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.6 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall 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 exercise the exercise rights of Holders hereunder with respect to such voting rights changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, after consultation with the Company if such record date is different from the record date applicable to the Deposited Securities, for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or for fixing the date on or after which each American Depositary Share will represent the changed number of Deposited Securities, or to give instructions for the exercise of voting rights at any such meeting. Subject to the provisions of Sections 4.2 through 4.6 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall be entitled 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 or thereof, to give instructions for exercise the exercise rights of Holders hereunder with respect to such voting rights changed number of Deposited Securities, in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyand to give voting 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, which date shall be, to the extent practicable, the same date as the record date fixed by the Issuer, or if different from the record date fixed by the Issuer, be as near as practicable to the record date fixed by the Issuer (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date, after Consultation with the Issuer if such record date is different from the record date applicable to the Deposited Securities (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.6 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively and to give voting instructions, respectivelyto 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale 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 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 4.1 through 4.5 and to the other terms hereof and conditions of the this Amended and Restated Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (which shall be as near as practicable to the corresponding record date for Shares of the Company) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (which shall be the same date as, or as near as practicable to, any corresponding record date set by the Company or applicable to the Company under Mexican law or regulations) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or (iii) responsible for any fee or 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date (the "Record Date") (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date Record Date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date which shall be as near as practicable to any corresponding records date fixed by the Company in respect of the Shares (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 or to give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Stock Shares or other Deposited Securities, or whenever there is for any reason the Depositary causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary finds it necessary or convenient, the Depositary shall fix a record date (which shall be the same date as, or as near as practicable to, any corresponding record date set by the Company) (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 meetingmeeting or (iii) responsible for any fee or 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 hereof and conditions of the this Deposit Agreement, the Holders Articles of Receipts Association, and the provisions of or governing the Deposited Securities and applicable law, the Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions 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, or whenever a Stock Split shall be announced by the Company, 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 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number of shares represented by each American Depositary Share, Securities or whenever the Depositary finds shall find it necessary or convenientnecessary, the Depositary shall fix a record date, which date shall to the extent practicable, be the same record date fixed by the Issuer, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, 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 (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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto 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)
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, or whenever a Stock Split shall be announced by the Company, 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 Stock Shares or other Deposited Securities, or whenever there is a change in the number Company shall request the approval of shares represented by each American Depositary ShareOwners pursuant to the terms of Section 6.01, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same record date as the corresponding record date fixed by the Company, or as close thereto as practicable, (a) for the determination of the Holders of Receipts Owners who shall be entitled, subject to the provisions of the Deposit Agreement, (i) entitled to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meetingmeeting or (iii) entitled to give approval in accordance with the terms 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 hereof and conditions of the this Deposit Agreement, the Holders of Receipts Owners on such record date shall be entitled 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 give instructions for the exercise of such voting rights in proportion to the number of American Depositary Shares held by them, respectivelythem 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, or whenever a Stock Split shall be announced by the Company, issued with respect to the Deposited Securities, or whenever whenever, for any reason, the Depositary shall receive notice of any meeting of holders of Stock or other Deposited Securities, or whenever there is causes a change in the number of shares Shares that are represented by each American Depositary Share, or whenever the Depositary 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 (which shall (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 date set by the Company, be fixed only after Consultation with the Company)
(i) for the determination of the Holders of Receipts who shall be entitled, subject to the provisions of the Deposit Agreement, entitled (a) to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, thereof or (b) to give instructions for the exercise of voting rights rights, if any, at any such meeting or to receive information as to such meeting, or (ii) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.6 and to the other terms hereof and conditions of the this Deposit Agreement, the Holders of Receipts on such record date shall 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 exercise the exercise rights of Holders hereunder with respect to such voting rights changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.
Appears in 1 contract