ADSs. In the event that the Company pursues an offering or listing of ADSs in the United States, the Company will use its best efforts to file a Registration Statement on Form F-6 which registers a number of ADSs that is sufficient to allow the Designated Holders to exercise their rights under, and sell their Registrable Securities in the United States in the manner contemplated by, Sections 3, 4 and 5 of this Agreement.
ADSs. Subject to Section 4.08, the Company shall use its reasonable efforts to cause the Company’s depositary to deliver ADSs to the Purchaser from time to time upon the Purchaser’s deposit of any Purchased Share with the Company’s depositary or its designated custodian and the satisfaction of any other customary requirements and, in connection therewith, the Company shall cause new share certificate(s) to be issued and entries on the Company’s register of members to be entered with respect to such shares in the name of the Company’s depositary, without restrictive legends, for the purpose of such deposit. In connection with the Purchaser’s deposit of any Purchased Shares and the issuance of ADSs representing such shares, (i) the Company shall bear fees and expenses, if any, related to the cancellation of any share certificates representing such shares and issuance of new share certificates, the deposit of such shares with the Company’s depositary or its designated custodian and related update to the Company’s register of members, the issuance of the ADSs representing such Purchased Shares, and if any legal opinion by the counsel to the Company is required in connection with the deposit of such shares, the issuance of such legal opinion, and (ii) the Purchaser shall bear any ADS issuance fees and other charges of the Company’s depositary and its custodian.
ADSs. On or prior to the Closing Date or the Additional Closing Date, as the case may be, the ADSs shall be eligible for clearance and settlement through the facilities of DTC.
ADSs. In the event that the Company pursues an offering or listing of ADSs in the United States, the Company will file a Registration Statement on Form F-6 which registers a number of ADSs that is sufficient to allow the Designated Holders to exercise their rights under, and sell their Registrable Securities in the United States in the manner contemplated by, Sections 3, 4 and 5 of this Agreement. In the event that the depositary of ADSs imposes any fees or expenses on any Designated Holder in connection with the deposit by such Designated Holder of its Registrable Securities in exchange for ADSs made by such Designated Holder for any reason, the Company shall pay all such fees and expenses.
ADSs. Upon the due issuance by the Depositary of ADSs against the deposit of the Underlying Shares in accordance with the provisions of the Deposit Agreement, such ADSs will be duly and validly issued under the Deposit Agreement and persons in whose names such ADSs are registered will be entitled to the rights of registered holders of ADSs specified therein and in the Deposit Agreement;
ADSs. The ADSs to be sold hereunder, issued by the ADS Depositary against the deposit of Shares in respect thereof in accordance with the provisions of the ADS Deposit Agreement, have been or will be duly and validly issued and the persons in whose names the ADR will be registered will be entitled to the rights specified therein and in the ADS Deposit Agreement.
ADSs. To the extent applicable, the Company shall bear any fees and expenses in connection with (i) the issuance of ADSs representing Ordinary Shares acquired pursuant to a conversion of Notes or exercise of Warrants, including fees and expenses related to the issuance of new share certificates or ADSs, the updating of the Company’s register of members for any deposit of any Ordinary Shares with the Depositary or its designated custodian, the issuance of any legal opinions by counsel to the Company (if required) and ADS issuance fees and other charges of the Depositary and its custodian; and (ii) the process set forth in the Notes and the Warrants for removing any restrictive legends on any ADSs acquired pursuant to a conversion of Notes or exercise of Warrants, including the ADS issuance fees and other charges of the Depositary and its custodian in connection therewith.
ADSs. The ADSs issued upon any conversion of the Note, when issued and delivered in the manner contemplated by the Note:
ADSs. The ADSs, when issued by the Depositary against the deposit of Shares in respect thereof in accordance with the provisions of the Deposit Agreement, will be duly authorized, validly issued and fully paid and the persons in whose names such ADSs are registered will be entitled to the rights of registered holders of ADSs specified therein and in the Deposit Agreement. The ADSs, when issued, are freely transferable by the Company to or for the account of the several Underwriters and the initial purchasers thereof, and, except as described in the Time of Sale Prospectus, there are no restrictions on such transfer and subsequent transfers of the ADSs under the laws of the Cayman Islands, the PRC or the United States.
ADSs. Certificates or other book entry statements evidencing the Share ADSs, Warrant ADSs, Shares and Warrant Shares underlying the Share ADSs or Warrant ADSs, as applicable, shall not contain any restrictive legend unless such legend is required pursuant to the Securities Act. The Company may not make any notation on its records or give instructions to the Depositary or the Registrar that enlarge the restrictions on transfer set forth in this Section 4. Except as set forth in Section 2.1 hereof, Warrant ADSs shall be transmitted by the Depositary to the Purchaser by crediting the account of the Purchaser’s prime broker with the Depository Trust Company System as directed by such Purchaser to the Company. The Company shall be responsible for any Depositary fees or DTC fees with respect to any issuance of Securities or the removal of legends, if any