Common use of Limitations On Cancellation of Designated Restricted ADSs Clause in Contracts

Limitations On Cancellation of Designated Restricted ADSs. The Company instructs the Depositary, and the Depositary agrees, not to release any Designated Shares or cancel any Designated Restricted ADSs for the purpose of withdrawing the underlying Designated Shares at the instruction of the Pledgee (or its nominee) unless (x) the conditions applicable to the withdrawal of Shares from the depositary receipts facility created pursuant to the terms of the Deposit Agreement have been satisfied (except for any conditions relating to the Shares not being Restricted Securities), and (y) the Depositary shall have received from the Pledgee (or its nominee) a duly completed and signed Withdrawal Certification substantially in the form attached hereto as Exhibit C (such certification, a “Withdrawal Certification”).

Appears in 1 contract

Sources: Deposit Agreement (BeiGene, Ltd.)

Limitations On Cancellation of Designated Restricted ADSs. The Company instructs the Depositary, and the Depositary agrees, agrees not to release any Designated Restricted Shares or cancel any Designated Restricted ADSs for the purpose of withdrawing the underlying Designated Restricted Shares at the instruction of the Pledgee (or its nominee) unless (x) the conditions applicable to the withdrawal of Shares from the depositary receipts facility created pursuant to the terms of the Deposit Agreement have been satisfied (except for any conditions relating to the Shares not being Restricted Securities)) and the applicable ADS cancellation fees payable under the terms of the Deposit Agreement, and (y) the Depositary shall have received from the Pledgee (or its nominee) person requesting the withdrawal of the Designated Restricted Shares a duly completed and signed Withdrawal Certification substantially in the form attached hereto as Exhibit C B (such certification, a "Withdrawal Certification").

Appears in 1 contract

Sources: Deposit Agreement (Gafisa S.A.)