Common use of Issuance of ADRs Clause in Contracts

Issuance of ADRs. 1. The Rights Agent shall instruct the Depositary to execute and deliver ADRs evidencing new ADSs purchased pursuant to the Rights Offer as soon as practicable after receipt of the underlying Shares by the Custodian. Following receipt from the Depositary of the ADSs properly purchased pursuant to the Rights Offer, the Rights Agent will mail or deliver, including by book-entry transfer, to each Holder that subscribed for new ADSs in the Rights Offer, the number of ADSs for which such Holder has subscribed and purchased as instructed by that Holder. 2. For those Holders for which ADRs will be mailed, as instructed by such Holder, the Rights Agent will mail the ADRs by first class mail under a blanket surety bond protecting the Rights Agent and the Company from any loss or liability arising out of the nonreceipt or nondelivery of any such ADR or the replacement thereof. If the market value of ADRs to be mailed in any one shipment will exceed U.S.$1,000,000, such shipment will be sent by registered mail and will be insured separately for the replacement value of its contents.

Appears in 1 contract

Sources: Rights Agency Agreement (Embratel Participacoes Sa)

Issuance of ADRs. 1. The Rights Agent shall instruct the Depositary to execute and deliver ADRs evidencing new ADSs purchased pursuant to the Rights Offer as soon as practicable after receipt of the underlying Shares by the Custodian. Following receipt from the Depositary of the ADSs properly purchased pursuant to the Rights Offer, the Rights Agent will mail or deliver, including by book-entry transfer, to each Holder that subscribed for new ADSs in the Rights Offer, the number of ADSs for which such Holder has subscribed and purchased as instructed by that Holder. 2. For those Holders for which ADRs will be mailed, as instructed by such Holder, the Rights Agent will mail the ADRs by first class mail under a blanket surety bond protecting the Rights Agent and the Company from any loss or liability arising out of the nonreceipt or nondelivery of any such ADR or the replacement thereof. If the market value of ADRs to be mailed in any one shipment will exceed U.S.$1,000,000US$1,000,000, such shipment will be sent by registered mail and will be insured separately for the replacement value of its contents.

Appears in 1 contract

Sources: Rights Agency Agreement (Telesp Cellular Holding Co /Adr/)