Optional ADSs. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company hereby grants to the several Underwriters an option to purchase all or any portion of the Optional ADSs at the same purchase price as the Offered ADSs, for use solely in covering any over-allotments made by the Underwriters in the sale and distribution of the Offered ADSs. The option granted hereunder may be exercised in whole or in part at any time (but not more than once) within 30 days after the effective date of this Agreement upon notice (which notice must be confirmed in writing and may be made by electronic mail to the Company) by the Representative to the Company setting forth the aggregate number of Optional ADSs as to which the several Underwriters are exercising the option and the date and time, as determined by you, when the Ordinary Shares underlying the Optional ADSs are to be issued and the Optional ADSs are to be delivered, but in no event earlier than the First Closing Date (as defined above) nor earlier than the second business day or later than the tenth business day after the date on which the option shall have been exercised. The number of Optional ADSs to be purchased by each Underwriter shall be the same percentage of the total number of Optional ADSs to be purchased by the several Underwriters as the number of Offered ADSs to be purchased by such Underwriter is of the total number of Offered ADSs to be purchased by the several Underwriters, as adjusted by the Representative in such manner as the Representative deems advisable to avoid fractional ADSs. No Optional ADSs shall be sold and delivered unless the Offered ADSs previously have been, or simultaneously are, sold and delivered.
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Optional ADSs. On the basis of the representationsrepresentations and warranties contained herein, warranties and agreements herein contained, but subject to the terms and conditions herein set forthstated, the Company hereby grants agrees to sell to the several Underwriters, severally and not jointly, the Optional ADSs and the Underwriters an option shall have a one-time right to purchase all or any portion of the purchase, severally and not jointly, up to [β] Optional ADSs at the same purchase price as the Offered ADSsPurchase Price. The Underwriters, for use solely in covering any over-allotments made by the Underwriters in the sale and distribution on behalf of the Offered ADSs. The Underwriters, may exercise such option granted hereunder may be exercised in whole on or in part at any time (but not more than once) within 30 days after before the effective thirtieth day following the date of this Agreement upon notice (which notice must be confirmed in writing and may be made by electronic mail to the Company) by the Representative to the Company setting forth the aggregate number of Optional ADSs as to which the several Underwriters are exercising the option and the date and time, as determined by you, when the Ordinary Shares underlying the Optional ADSs are to be issued and the Optional ADSs are to be delivered, but in no event earlier than the First Closing Date (as defined above) nor earlier than the second business day or later than the tenth business day after the date on which the option shall have been exercisedAgreement. The notice shall specify the number of Optional ADSs to be purchased by each Underwriter shall the Underwriters and the date on which such Optional ADSs are to be purchased. Such date may be the same percentage as the Closing Date but not earlier than the Closing Date nor later than ten business days after the date of such notice. Any such notice shall be given at least two business days prior to the date and time of delivery specified therein and in any case, within a period of thirty calendar days after the day of this Agreement. Optional ADSs may be purchased as provided in Section β4 hereof solely for the purpose of covering over-allotments made in connection with the offering of the Firm ADSs. If any Optional ADSs are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Optional ADSs that bears the same proportion to the total number of Optional ADSs to be purchased by the several Underwriters as the number of Offered Firm ADSs to be purchased by set forth in Schedule I hereto opposite the name of such Underwriter is of bears to the total number of Offered ADSs Firm ADSs, subject to be purchased by the several Underwriters, as adjusted by the Representative in such manner adjustments as the Representative deems advisable Underwriters in their discretion shall make to avoid eliminate any fractional ADSs. No Optional ADSs shall be sold and delivered unless the Offered ADSs previously have been, or simultaneously are, sold and deliveredshares.
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Sources: Underwriting Agreement (YY Inc.)