Common use of Issue of ADRs Clause in Contracts

Issue of ADRs. After any permitted deposit of Shares hereunder, the Custodian shall notify the Depositary of such deposit and of the information contained in any related Delivery Order by letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. At all times in the case of Rule 144A ADSs, the Depositary shall use reasonable efforts to obtain an executed certificate substantially in the form of Exhibit C-1 annexed hereto (or in such other form as the Company shall approve) or an electronic certification through DTC, in lieu of such certification set forth in Exhibit C-1, in connection with each such deposit, except deposits pursuant to paragraphs (10) and (13) of the Form of Rule 144A ADR, from or on behalf of each person named in the Delivery Order to receive a credit of ADSs or certificated ADRs. After receiving such notice from the Custodian and any such certificate, the Depositary, subject to the Deposit Agreement and paragraphs (4) and (7) of the applicable Form of ADR, shall (x) if certificated ADRs are not then available pursuant to Section 2, credit the DTC Participant or the DTC account of Euroclear or Clearstream, as the case may be, for the account specified in the Delivery Order, make appropriate notifications thereof and adjust its records to increase the number of ADSs evidenced by the applicable Master ADR, or (y) if certificated ADRs are then available pursuant to Section 2, execute and deliver at the Transfer Office, to or upon the order of any person named in such notice, one or more ADRs registered as requested, in either case for the number of ADSs representing such deposited Shares.

Appears in 1 contract

Sources: Restricted Deposit Agreement (SouFun Holdings LTD)

Issue of ADRs. After any permitted deposit of Shares hereunderin accordance with Section 3(a), together with any other documents required by the Depositary in accordance with this Agreement, the Custodian shall as promptly as practicable notify the Depositary of such deposit and of the information contained in any related Delivery Order Order. Such notice shall be given in writing, either by letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by SWIFT, cable, telex or facsimile transmission. At all times in the case of Rule 144A ADSs, the Depositary shall use reasonable efforts to obtain an executed certificate substantially in the form of Exhibit C-1 annexed hereto (or in such other form as the Company shall approve) or an electronic certification through DTC, in lieu of such certification set forth in Exhibit C-1, in connection with each such deposit, except deposits pursuant to paragraphs (10) and (13) of the Form of Rule 144A ADR, from or on behalf of each person named in the Delivery Order to receive a credit of ADSs or certificated ADRs. After receiving such notice from the Custodian and any such certificateCustodian, the Depositary, subject to the Deposit Agreement and paragraphs (4) and (7) of the applicable Form of ADRthis Agreement, shall (x) if certificated ADRs are not then available pursuant to Section 2, credit the DTC Participant or the DTC account of Euroclear or Clearstream, as the case may be, for the account specified in the Delivery Order, make appropriate notifications thereof and adjust its records to increase the number of ADSs evidenced by the applicable Master ADR, or (y) if certificated ADRs are then available pursuant to Section 2, execute promptly as practicable issue and deliver at the Transfer Depositary's Office, to or upon the order of any the person named in such notice, one a Direct Registration ADR or, if specifically requested by the depositor or more ADRs registered as requestedthe person to whom ADSs are issuable hereunder or if a Direct Registration ADR is not permissible within the facilities of DTC, a certificated ADR, in either case for case, registered as requested and evidencing the aggregate number of ADSs representing to which such deposited Sharesperson is entitled. ADRs shall be issued only in denominations of any whole numbers of ADSs. At the request, risk and expense of the person depositing Shares or rights, the Depositary may deliver ADRs at a place other than the Depositary's Office. ADRs may be issued by the Depositary only under the circumstances expressly contemplated in this Agreement.

Appears in 1 contract

Sources: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

Issue of ADRs. After any permitted deposit of Shares hereunderor rights to receive Shares in accordance with Section 3(a), together with any other documents required by the Depositary in accordance with this Agreement, the Custodian shall as promptly as practicable notify the Depositary of such deposit and of the information contained in any related Delivery Order Order. Such notice shall be given in writing, either by letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. At all times in the case of Rule 144A ADSs, the Depositary shall use reasonable efforts to obtain an executed certificate substantially in the form of Exhibit C-1 annexed hereto (or in such other form as the Company shall approve) or an electronic certification through DTC, in lieu of such certification set forth in Exhibit C-1, in connection with each such deposit, except deposits pursuant to paragraphs (10) and (13) of the Form of Rule 144A ADR, from or on behalf of each person named in the Delivery Order to receive a credit of ADSs or certificated ADRs. After receiving such notice from the Custodian and any such certificateCustodian, the Depositary, subject to this Agreement, including the Deposit Agreement payment of the fees of the Depositary for the execution and paragraphs delivery of such Receipt or Receipts as provided in paragraph (4) and (79) of the applicable Form of ADRADR and the payment of all taxes and governmental charges and fees payable in connection with such deposit, shall (x) if certificated ADRs are not then available pursuant to Section 2, credit the DTC Participant or the DTC account of Euroclear or Clearstream, as the case may be, for the account specified in the Delivery Order, make appropriate notifications thereof and adjust its records to increase the number of ADSs evidenced by the applicable Master ADR, or (y) if certificated ADRs are then available pursuant to Section 2, promptly as practicable execute and deliver at the Transfer Depositary's Office, to or upon the order of any the person named in such notice, one or more ADRs registered as requested, in either case for requested and evidencing the aggregate number of ADSs representing to which such deposited Sharesperson is entitled. ADRs shall be issued only in denominations of any whole numbers of ADSs. At the request, risk and expense of the person depositing Shares or rights, the Depositary may deliver ADRs at a place other than the Depositary's Office. ADRs may be issued by the Depositary only under the circumstances expressly contemplated in this Agreement.

Appears in 1 contract

Sources: Deposit Agreement (Osterreichische Elektrizitatswirtschafts /Fi)

Issue of ADRs. After any permitted deposit of Shares hereunderor rights to receive Shares in accordance with Section 3(a), together with any other documents required by the Depositary in accordance with this Agreement, the Custodian shall as promptly as practicable notify the Depositary of such deposit and of the information contained in any related Delivery Order Order. Such notice shall be given in writing, either by letter, first class airmail postage prepaid, or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. At all times in the case of Rule 144A ADSs, the Depositary shall use reasonable efforts to obtain an executed certificate substantially in the form of Exhibit C-1 annexed hereto (or in such other form as the Company shall approve) or an electronic certification through DTC, in lieu of such certification set forth in Exhibit C-1, in connection with each such deposit, except deposits pursuant to paragraphs (10) and (13) of the Form of Rule 144A ADR, from or on behalf of each person named in the Delivery Order to receive a credit of ADSs or certificated ADRs. After receiving such notice from the Custodian and any such certificateCustodian, the Depositary, subject to the Deposit Agreement and paragraphs (4) and (7) of the applicable Form of ADRthis Agreement, shall (x) if certificated ADRs are not then available pursuant to Section 2, credit the DTC Participant or the DTC account of Euroclear or Clearstream, as the case may be, for the account specified in the Delivery Order, make appropriate notifications thereof and adjust its records to increase the number of ADSs evidenced by the applicable Master ADR, or (y) if certificated ADRs are then available pursuant to Section 2, execute promptly as practicable issue and deliver at the Transfer Depositary’s Office, to or upon the order of any the person named in such notice, one a Direct Registration ADR or, if specifically requested by the depositor or more ADRs registered as requestedthe person to whom ADSs are issuable hereunder or if a Direct Registration ADR is not permissible within the facilities of DTC, a certificated ADR, in either case for case, registered as requested and evidencing the aggregate number of ADSs representing to which such deposited Sharesperson is entitled. ADRs shall be issued only in denominations of any whole numbers of ADSs. At the request, risk and expense of the person depositing Shares or rights, the Depositary may deliver ADRs at a place other than the Depositary’s Office. ADRs may be issued by the Depositary only under the circumstances expressly contemplated in this Agreement. The Company and the Depositary shall work together to ensure that a sufficient number of ADSs are registered with the U.S. Securities and Exchange Commission so as to enable the Depositary to issue ADSs hereunder.

Appears in 1 contract

Sources: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)