Common use of Acceptance of Subscriptions Clause in Contracts

Acceptance of Subscriptions. 4.1 The ADS Rights Agent is hereby authorized and directed to receive subscriptions for New ADSs relating to newly issued Shares and treasury Shares on behalf of the Company throughout the Subscription Period. Record Owners shall make payment to the ADS Rights Agent of the Deposit Amount in U.S. dollars. Such payment must be received by the ADS Rights Agent no later than 5:00 p.m., New York time, on the Expiration Date. Any funds that the ADS Rights Agent receives during the Subscription Period from Record Owners in respect of payments for New ADSs shall be deposited in an account at the ADS Rights Agent that the ADS Rights Agent designates solely for such purpose (the “Deposit Account”) and such funds shall remain in the Deposit Account until they are distributed in accordance with Section 6.2. As promptly as practicable after the ADS Rights Agent receives each Subscription Form, the ADS Rights Agent shall determine whether the Record Owner sending such Subscription Form has properly completed and executed such form and has submitted the correct Deposit Amount for the New ADSs. If such form is not properly completed, is unexecuted or if such Record Owner did not send the correct Deposit Amount, then the ADS Rights Agent will send a notice to such Record Owner requesting such Record Owner to correct its Subscription Form or submit the proper Deposit Amount, as the case may be. If such Record Owner does not correct its Subscription Form or submit the proper Deposit Amount, as the case may be, by the Expiration Date, such Record Owner’s right to purchase New ADSs in the ADS Rights Offer shall be deemed to be unexercised and the ADS Rights Agent shall promptly refund the amount deposited to such Record Owner. The ADS Rights Agent will require that payment of the Deposit Amount be in the form of a certified or official bank check, money order or wire transfer. Notwithstanding the foregoing, without further authorization from the Company, except where otherwise specified or as otherwise notified in writing by the Company prior to the Expiration Date, the following Subscription Forms shall be deemed to be properly completed:

Appears in 1 contract

Samples: Rights Agency Agreement (Masisa S.A.)

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Acceptance of Subscriptions. 4.1 1. The ADS Rights Agent is hereby authorized and directed to receive subscriptions for New ADSs relating to newly issued Shares and treasury Shares on behalf of the Company throughout the Subscription Period. Record Owners shall make payment to the ADS Rights Agent of the Deposit Amount in U.S. dollars. Such payment must be received by the ADS Rights Agent no later than 5:00 p.m., New York time, on the Expiration Date. Any funds that the ADS Rights Agent receives during the Subscription Period from Record Owners in respect of payments for New ADSs shall be deposited in an interest bearing account at the ADS Rights Agent that the ADS Rights Agent designates solely for such purpose (the "Deposit Account") and such funds shall remain in the Deposit Account until they are distributed to the Company in accordance with Section 6.2Article VI, paragraph 1 hereof. As promptly as practicable after the ADS Rights Agent receives each Subscription FormOwner's Instruction, the ADS Rights Agent shall determine whether the Record Owner sending such Subscription Form Owner's Instruction has properly completed and executed such form forms and has submitted the correct Deposit Amount payment for the New ADSs. If such form is not properly completed, is unexecuted or or, if such Record Owner did not send the correct Deposit Amount, payment amount then the ADS Rights Agent will send a notice to such Record Owner requesting instructing such Record Owner to correct amend its Subscription Form Owner's Instruction or submit the proper Deposit Amountpayment amount, as the case may be. If Except as otherwise set forth in this Article IV, if such Record Owner does not correct amend its Subscription Form Owner's Instruction or submit the proper Deposit Amountpayment amount, as the case may be, by the Expiration Date, such Record Owner’s 's right to purchase New ADSs in the ADS Rights Offer shall be deemed to be unexercised and the ADS Rights Agent shall promptly refund the amount deposited to such Record Owner. The ADS Rights Agent will require that payment of the Deposit Amount be in the form of a certified or official bank check, money order or wire transferunexercised. Notwithstanding the foregoing, without further authorization from the Company, except where otherwise specified or as otherwise notified in writing by the Company prior to the Expiration Date, the following Subscription Forms Owner's Instructions shall be deemed to be properly completed:

Appears in 1 contract

Samples: Form of Rights Agency Agreement (Gol Intelligent Airlines Inc.)

Acceptance of Subscriptions. 4.1 1. The ADS Rights Agent is hereby authorized and directed to receive subscriptions for New ADSs relating to newly issued Shares and treasury Shares Common Stock on behalf of the Company throughout the Subscription Period. Record Owners shall make payment to the ADS Rights Agent of the Deposit Amount in U.S. dollars. Such payment must be received by the ADS Rights Agent no later than 5:00 p.m., New York time, on the Expiration Date. Any funds that the ADS Rights Agent receives during the Subscription Period from Record Owners Holders in respect of payments for New ADSs Common Stock shall be deposited in an account at the ADS Rights Agent that the ADS Rights Agent designates solely for such purpose (the "Deposit Account") and such funds shall remain in the Deposit Account until they are distributed to the Company in accordance with Section 6.2Article VI, paragraph 1 hereof. As promptly as practicable after the ADS Rights Agent receives each Subscription FormHolder's Instruction, the ADS Rights Agent shall determine whether the Record Owner Holder sending such Subscription Form Holder's Instruction has properly completed and executed such form forms and will confirm with the Company that the Holder has submitted the correct Deposit Amount payment for the New ADSsCommon Stock. If such form is not properly completed, is unexecuted or or, if such Record Owner Holder did not send the correct Deposit Amount, payment amount then the ADS Rights Agent will send a notice to such Record Owner requesting Holder instructing such Record Owner Holder to correct amend its Subscription Form Holder's Instruction or submit the proper Deposit Amountpayment amount, as the case may be. If Except as set forth in paragraph 3 of this Article IV, if such Record Owner Holder does not correct amend its Subscription Form Holder's Instruction or submit the proper Deposit Amountpayment amount, as the case may be, by the Expiration Date, such Record Owner’s Holder's right to purchase New ADSs Common Stock in the ADS Rights Offer shall be deemed to be unexercised and the ADS Rights Agent shall promptly refund the amount deposited to such Record Owner. The ADS Rights Agent will require that payment of the Deposit Amount be in the form of a certified or official bank check, money order or wire transferunexercised. Notwithstanding the foregoing, without further authorization from the Company, except where otherwise specified or as otherwise notified in writing by the Company prior to the Expiration Date, the following Subscription Forms Holder's Instructions shall be deemed to be properly completed:

Appears in 1 contract

Samples: Rights Agency Agreement (Gladstone Investment Corporation\de)

Acceptance of Subscriptions. 4.1 4.1. The ADS Rights Agent is hereby authorized and directed to receive subscriptions for New ADSs relating to newly issued Shares and treasury Shares on behalf of the Company throughout the Subscription Period. Record Owners Holders shall make payment to the ADS Rights Agent of the Deposit Amount in U.S. dollars. Such payment must be received by the ADS Rights Agent no later than 5:00 p.m., New York time, on the Expiration Date. Any funds that the ADS Rights Agent receives during the Subscription Period from Record Owners Holders in respect of payments for New ADSs shall be deposited in an account at the ADS Rights Agent that the ADS Rights Agent designates solely for such purpose (the “Deposit Account”) and such funds shall remain in the Deposit Account until they are distributed in accordance with Section 6.2. As promptly as practicable after the ADS Rights Agent receives each Subscription Form, the ADS Rights Agent shall determine whether the Record Owner Holder sending such Subscription Form has properly completed and executed such form and has submitted the correct Deposit Amount for the New ADSs. If such form is not properly completed, is unexecuted or if such Record Owner Holder did not send the correct Deposit Amount, then the ADS Rights Agent will send a notice to such Record Owner Holder requesting such Record Owner Holder to correct its Subscription Form or submit the proper Deposit Amount, as the case may be. If such Record Owner Holder does not correct its Subscription Form or submit the proper Deposit Amount, as the case may be, by the Expiration Date, such Record OwnerHolder’s right to purchase New ADSs in the ADS Rights Offer shall be deemed to be unexercised and the ADS Rights Agent shall promptly refund the amount deposited to such Record OwnerHolder. The ADS Rights Agent will require that payment of the Deposit Amount be in the form of a certified or official bank check, money order or wire transfer. Notwithstanding the foregoing, without further authorization from the Company, except where otherwise specified or as otherwise notified in writing by the Company prior to the Expiration Date, the following Subscription Forms shall be deemed to be properly completed:

Appears in 1 contract

Samples: Rights Agency Agreement (Genesys Sa)

Acceptance of Subscriptions. 4.1 1. The ADS Rights Agent is hereby authorized and directed to receive subscriptions for New ADSs relating to newly issued Shares and treasury Shares on behalf of the Company throughout the Subscription Period. Record Owners shall make payment to the ADS Rights Agent of the Deposit Amount in U.S. dollars. Such payment must be received by the ADS Rights Agent no later than 5:00 p.m., New York time, on the Expiration Date. Any funds that the ADS Rights Agent receives during the Subscription Period from Record Owners in respect of payments for New ADSs shall be deposited in an interest bearing account at the ADS Rights Agent that the ADS Rights Agent designates solely for such purpose (the “Deposit Account”) and such ). Such funds shall remain in the Deposit Account until they are distributed to the Company in accordance with Section 6.2Article VI, paragraph 1 hereof. As promptly as practicable after the ADS Rights Agent receives each Subscription FormOwner’s Instruction, the ADS Rights Agent shall determine whether the Record Owner sending such Subscription Form Owner’s Instruction has properly completed and executed such form forms and has submitted the correct Deposit Amount payment for the New ADSs. If such form is not properly completed, is unexecuted or or, if such Record Owner did not send the correct Deposit Amount, payment amount then the ADS Rights Agent will send a notice to such Record Owner requesting instructing such Record Owner to correct amend its Subscription Form Owner’s Instruction or submit the proper Deposit Amountpayment amount, as the case may be. If Except as set forth in paragraph 3 below, if such Record Owner does not correct amend its Subscription Form Owner’s Instruction or submit the proper Deposit Amountpayment amount, as the case may be, by the Expiration Date, such Record Owner’s right to purchase New ADSs in the ADS Rights Offer shall be deemed to be unexercised and the ADS Rights Agent shall promptly refund the amount deposited to such Record Owner. The ADS Rights Agent will require that payment of the Deposit Amount be in the form of a certified or official bank check, money order or wire transferunexercised. Notwithstanding the foregoing, without further authorization from the Company, except where otherwise specified or as otherwise notified in writing by the Company prior to the Expiration Date, the following Subscription Forms Owner’s Instructions shall be deemed to be properly completed:

Appears in 1 contract

Samples: Rights Agency Agreement (Coca Cola Femsa Sa De Cv)

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Acceptance of Subscriptions. 4.1 4.1. The ADS Rights Agent is hereby authorized and directed to receive subscriptions for New ADSs relating to newly issued Shares and treasury Shares on behalf of the Company throughout the Subscription Period. Record Owners shall make payment to the ADS Rights Agent of the Deposit Amount in U.S. dollars. Such payment must be received by the ADS Rights Agent no later than 5:00 p.m., New York time, on the Expiration Date. Any funds that the ADS Rights Agent receives during the Subscription Period from Record Owners in respect of payments for New ADSs shall be deposited in an account at the ADS Rights Agent that the ADS Rights Agent designates solely for such purpose (the "Deposit Account") and such funds shall remain in the Deposit Account until they are distributed in accordance with Section 6.2. As promptly as practicable after the ADS Rights Agent receives each Subscription Form, the ADS Rights Agent shall determine whether the Record Owner sending such Subscription Form has properly completed and executed such form and has submitted the correct Deposit Amount for the New ADSs. If such form is not properly completed, is unexecuted or if such Record Owner did not send the correct Deposit Amount, then the ADS Rights Agent will send a notice to such Record Owner requesting such Record Owner to correct its Subscription Form or submit the proper Deposit Amount, as the case may be. If Except as set forth below, if such Record Owner does not correct its Subscription Form or submit the proper Deposit Amount, as the case may be, by the Expiration Date, such Record Owner’s right to purchase New ADSs in the ADS Rights Offer shall be deemed to be unexercised and the ADS Rights Agent shall promptly refund the amount deposited to such Record Owner. The ADS Rights Agent will require that payment of the Deposit Amount be in the form of a certified or official bank check, money order or wire transfer. Notwithstanding the foregoing, without further authorization from the Company, except where otherwise specified or as otherwise notified in writing by the Company prior to the Expiration Date, the following Subscription Forms shall be deemed to be properly completed:

Appears in 1 contract

Samples: Rights Agency Agreement (Lan Airlines SA)

Acceptance of Subscriptions. 4.1 4.1. The ADS Rights Warrant Agent is hereby authorized and directed to receive subscriptions for New ADSs relating to newly issued Shares and treasury Shares on behalf of the Company throughout the Subscription Period. Record Owners Holders shall make payment to the ADS Rights Warrant Agent of the Deposit Amount in U.S. dollars. Such payment must be received by the ADS Rights Warrant Agent no later than 5:00 p.m., New York time, on the Expiration Date. Any funds that the ADS Rights Warrant Agent receives during the Subscription Period from Record Owners Holders in respect of payments for New ADSs shall be deposited in an account at the ADS Rights Warrant Agent that the ADS Rights Warrant Agent designates solely for such purpose (the “Deposit Account”) and such funds shall remain in the Deposit Account until they are distributed in accordance with Section 6.2. As promptly as practicable after the ADS Rights Warrant Agent receives each Subscription Form, the ADS Rights Warrant Agent shall determine whether the Record Owner Holder sending such Subscription Form has properly completed and executed such form and has submitted the correct Deposit Amount for the New ADSs. If such form is not properly completed, is unexecuted or if such Record Owner Holder did not send the correct Deposit Amount, then the ADS Rights Warrant Agent will send a notice to such Record Owner Holder requesting such Record Owner Holder to correct its Subscription Form or submit the proper Deposit Amount, as the case may be. If such Record Owner Holder does not correct its Subscription Form or submit the proper Deposit Amount, as the case may be, by the Expiration Date, such Record OwnerHolder’s right to purchase New ADSs in the ADS Rights Warrants Offer shall be deemed to be unexercised and the ADS Rights Warrant Agent shall promptly refund the amount deposited to such Record OwnerHolder. The ADS Rights Warrant Agent will require that payment of the Deposit Amount be in the form of a certified or official bank check, money order or wire transfer. Notwithstanding the foregoing, without further authorization from the Company, except where otherwise specified or as otherwise notified in writing by the Company prior to the Expiration Date, the following Subscription Forms shall be deemed to be properly completed:

Appears in 1 contract

Samples: Form of Warrant Agency Agreement (Genesys Sa)

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