Application to ADRs Sample Clauses

Application to ADRs. All Deposited Securities consisting of Shares shall be deemed Foreign Owned Shares. Each Holder agrees that its ownership of this ADR or any portion of the ADSs evidenced hereby is subject to the Foreign Ownership Limitation and the procedures set forth in this paragraph (6) for the enforcement thereof (including, without limitation, the cancellation of such ADSs and the forfeiture of transfer rights, the rights to give voting instructions and the right to receive dividends in respect thereof) and that the Company's interpretation of the Foreign Ownership Limitation and such procedures shall be conclusive and binding on such Holder. Each Holder acknowledges that, under applicable Japanese law, notwithstanding possession by such Holder or other person of a certificate evidencing a Share or the deposit in respect of this ADR by such Holder or other person of a Share and the issuance of this ADR, unless such Share is registered in the Company's Share register in its name or in the name of the Depositary or its nominee, as the case may be, such Holder will not be entitled to assert any rights as a Shareholder against the Company, including, without limitation, any right to vote such Share or to receive dividends in respect thereof, nor be entitled to exercise such rights through the Depositary. Each Holder further acknowledges that the Company effects registration of transfer of Shares on its Share register in accordance with its customary practice, and accordingly, the timing with respect to the presentation for registration of deposited Shares by the Custodian may be affected by how frequently the Company effects such registration at any time. The Custodian will present deposited Shares for registration of transfer in accordance with the Deposit Agreement. (c)
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Related to Application to ADRs

  • Materiality Of Application To Rent All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

  • Conditions to Each Party’s Obligation to Effect the Exchange The obligation of each party to effect the Exchange and otherwise consummate the transactions contemplated by this Agreement is subject to the satisfaction, at or prior to the Closing, of each of the following conditions:

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  • Limitation to Delegated Selection Notwithstanding anything in this Delegation Schedule to the contrary, the duties under this Section 3 shall apply only to Eligible Foreign Custodians selected by the Delegate and shall not apply to Securities Depositories or to any Eligible Foreign Custodian that the Delegate is directed to use pursuant to Section 7 of this Delegation Schedule.

  • No Obligation to Mitigate Damages; No Effect on Other Contractual Rights (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.

  • Conditions to Each Party’s Obligation to Effect the Merger The respective obligation of each party to effect the Merger is subject to the satisfaction or waiver on or prior to the Closing Date of the following conditions:

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  • Conditions to Each Party’s Obligation to Effect the Mergers The respective obligation of each party to effect the Mergers is subject to the satisfaction or waiver on or prior to the Closing Date of the following conditions:

  • WAIVER NOT A LIMITATION TO ENFORCE 24.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan [Annexure C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees.

  • Conditions to Each Party’s Obligation to Effect the Closing The respective obligation of each party to effect the Closing shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions:

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