American Depositary Receipts. The term “
American Depositary Receipts. The Company's American Depositary Shares ("ADSs") trade on the Nasdaq SmallCap Market under the symbol FMDAY. Each ADS represents the right to receive one Ordinary Share of the Company. ADSs are evidenced by American Depositary Receipts ("ADRs"). ADSs evidenced by ADRs are issued by the Bank of New York as Depositary (the "Depositary") of the Company's ADR facility in accordance with the terms of a deposit agreement between the Company and the Depositary. The Company shall amend the deposit agreement with the Depositary to include the Shares as ADSs and/or to take all reasonably necessary action to deliver to the undersigned ADRs evidencing such ADSs. The Company shall bear all costs and expenses in connection with the issuance of ADRs to the undersigned in connection with its investment in the Shares.
American Depositary Receipts. Upon the due issuance by the Depositary of the American Depositary Receipts (the “ADRs”) evidencing the ADSs against the deposit of the Ordinary Shares in accordance with the provisions of the Deposit Agreement, such ADRs evidencing the ADSs will be duly and validly issued under the Deposit Agreement and persons in whose names such ADRs evidencing the ADSs are registered will be entitled to the rights of registered holders of such ADRs evidencing the ADSs specified therein and in the Deposit Agreement.
American Depositary Receipts. To the extent necessary, the Company shall amend its Depositary Agreement, currently in place with The Bank of New York, to include the Shares as ADSs and/or to take all reasonably necessary action to deliver to the purchaser ADRs evidencing American Depositary Shares in lieu of the Shares. The Company shall bear all costs and expenses in connection with the conversion of any of the Shares into ADRs.
American Depositary Receipts. The American depositary receipts (the “ADRs”) evidencing American depositary shares, each of which depositary share represents a beneficial interest in one tenth of a Linde Share, deposited with Deutsche Bank Trust Company Americas (the “Depositary”) pursuant to the deposit agreement (the “Deposit Agreement”) between Linde and the Depositary, dated January 11, 2010, shall not be subject to the Offer. The parties acknowledge that, pursuant to the Deposit Agreement, a holder of ADRs may surrender some or all of its ADRs to the Depositary and receive the deposited Linde Shares represented thereby and subsequently tender such Linde Shares in the Offer. The parties further acknowledge that Linde may at any time and at its discretion terminate the Deposit Agreement in accordance with its terms.
American Depositary Receipts. The issuance and delivery of the ---------------------------- ADRs against the Shares in accordance with the provisions of the Deposit Agreement (the "Deposit Agreement") between the Company and The Bank of New York, as Depositary, (the "Depositary") have been duly authorized by all necessary corporate action on the part of the Company, and all such ADRs have been duly reserved for issuance. Other than the procedures set forth in the Deposit Agreement, no consent, approval, order or authorization of any third party is required for the deposit of the Shares by the Purchaser with the Depositary. Upon the issuance by the Depositary of the ADRs against the Shares, such ADRs will be duly and validly issued, and the holder of such ADRs will be entitled to the rights specified therein and in the Deposit Agreement.
American Depositary Receipts. The Company's American Depositary Shares ("ADSs") trade on the Nasdaq SmallCap Market under the symbol FMDA. Each ADS represents the right to receive fifty Ordinary Shares of the Company. ADSs are evidenced by American Depositary Receipts ("ADRs"). ADSs evidenced by ADRs are issued by the Bank of New York as Depositary (the "Depositary") of the Company's ADR facility in accordance with the terms of a deposit agreement between the Company and the Depositary. The Company shall promptly amend the deposit agreement with the Depositary to include the Shares and Ordinary Shares underlying the Warrants (the “Warrant Shares”) as ADSs, secure the listing or quotation of ADSs representing the Shares and the Warrant Shares upon each national securities exchange, automated quotation system or other market, if any, upon which ADSs or Ordinary Shares are listed or quoted (subject to official notice of issuance) and shall use its commercially reasonable efforts to maintain, so long as any other ADSs or Ordinary Shares shall be so listed, such listing of all Shares and Warrant Shares from time to time issuable under the terms of this Agreement and/or to take all reasonably necessary action to deliver to the undersigned ADRs evidencing such ADSs. The Company shall bear all costs and expenses in connection with the issuance of ADRs to the undersigned in connection with its investment in the Securities.
