Common use of Cash Distributions Clause in Contracts

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 21 contracts

Samples: Deposit Agreement (Torchmark Capital Trust III), Deposit Agreement (McKesson Corp), Deposit Agreement (First State Bancorporation)

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Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 16 contracts

Samples: Deposit Agreement (PPL Energy Supply LLC), Deposit Agreement (PPL Energy Supply LLC), Deposit Agreement (PPL Capital Funding Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 15 contracts

Samples: Deposit Agreement (J P Morgan Chase & Co), Deposit Agreement (J P Morgan Chase & Co), Deposit Agreement (Merrill Lynch & Co Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockStock (other than cash dividends or cash distributions paid by the Company in lieu of fractional shares or other fractional interests in the Company’s common stock or other securities otherwise deliverable by the Company in accordance with the applicable Certificate of Designation), the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 8 contracts

Samples: Deposit Agreement (Allos Therapeutics Inc), Deposit Agreement (Napster Inc), Deposit Agreement (Allos Therapeutics Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are4.4 the pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstanding.

Appears in 6 contracts

Samples: Deposit Agreement (Amerigroup Corp), Agreement (Axis Capital Holdings LTD), Deposit Agreement (Amerigroup Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum sums as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 6 contracts

Samples: Deposit Agreement (Mb Financial Inc /Md), Deposit Agreement (First Financial Capital Trust II), Deposit Agreement (Great Southern Capital Trust IV)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 6 contracts

Samples: Deposit Agreement (Yahoo Inc), Deposit Agreement (Apache Corp), Deposit Agreement (Apache Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts receipts on the record date fixed pursuant to Section 4.04 such amounts amount of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 5 contracts

Samples: Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Fleet Financial Group Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a Receipt a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 4 contracts

Samples: Deposit Agreement (Wachovia Corp New), Deposit Agreement (Wachovia Corp New), Deposit Agreement (Regency Centers Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are4.4 the pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 4 contracts

Samples: Deposit Agreement (S&t Bancorp Inc), Deposit Agreement (S&t Bancorp Inc), Deposit Agreement (M&t Bank Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Stocks an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 3 contracts

Samples: Deposit Agreement (Old Kent Financial Corp /Mi/), Deposit Agreement (Bankboston Corp), Deposit Agreement (Bank of Boston Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts Depositary Shares then outstanding.

Appears in 3 contracts

Samples: Deposit Agreement (Ati Financing Ii), Deposit Agreement (American Stores Co /New/), Deposit Agreement (Providian Financing Iv)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distributions as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts Record Holders or Depositary Shares then outstanding.

Appears in 3 contracts

Samples: Depositary Agreement (CCC Capital Trust Ii), Deposit Agreement (Heftel Capital Trust Ii), Deposit Agreement (Vintage Petroleum Capital I)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, -------- however, that in case the Company or the Depositary shall be required by law to ------- withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts then outstanding.

Appears in 3 contracts

Samples: Deposit Agreement (Intermedia Communications of Florida Inc), Deposit Agreement (Intermedia Communications of Florida Inc), Deposit Agreement (Intermedia Communications Inc)

Cash Distributions. Whenever the Depositary shall ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be -------- ------- required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 2 contracts

Samples: Deposit Agreement (Unova Inc), Deposit Agreement (Monsanto Co)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stockwith respect to Shares, the Depositary shallDepositary, subject to Section 3.02Sections 3.1 and 3.2, shall distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Shares an amount on account of taxes, and the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (RJF Capital Trust III)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to the record holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, ; that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts Depositary Shares then outstanding.

Appears in 2 contracts

Samples: Deposit Agreement (First Bank System Inc), Deposit Agreement (Uhc Capital I)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 2 contracts

Samples: Deposit Agreement (Pmi Group Inc), Deposit Agreement (Wachovia Preferred Funding Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts Depositary Shares then outstanding.

Appears in 2 contracts

Samples: Deposit Agreement (Primus Guaranty LTD), Deposit Agreement (Jefferies Group Inc /De/)

Cash Distributions. Whenever the Depositary shall receive ------------------ any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 2 contracts

Samples: Deposit Agreement (Leap Wireless International Inc), Deposit Agreement (Torchmark Corp)

Cash Distributions. Whenever the Depositary shall receive any ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be -------- ------- required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Depository Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without Without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 2 contracts

Samples: Deposit Agreement, Deposit Agreement (Merrill Lynch & Co Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the New Common Stock, the Depositary shall, subject to Section 3.026.02, promptly distribute to record holders Record Holders of Depositary Receipts on the record date Record Date fixed pursuant to Section 4.04 7.03 hereof such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Depositary Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution received by the Depositary in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance balance, not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Depositary Receipts then outstanding.

Appears in 2 contracts

Samples: Master Agreement (Ascent Pediatrics Inc), Depositary Agreement (Alpharma Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly; provided further, that if such withholding is required only as to a part of the Stock or certain Depositary Shares, but not all of the Stock or Depositary Shares generally, such reduction of the amount made available for distribution or distributed in respect of the Depositary Shares shall only affect the Depositary Shares as to which such withholding is required. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner record holder of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts Depositary Shares then outstanding.

Appears in 1 contract

Samples: Amendment and Ratification Agreement (Ico Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.01 and 3.02 hereof, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 hereof such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Infocure Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts. SECTION 4.02.

Appears in 1 contract

Samples: Deposit Agreement (First Union Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockStock (other than cash dividends or cash distributions paid by the Company in lieu of fractional shares or other fractional interests in the Company's common stock or other securities otherwise deliverable by the Company in accordance with the applicable Certificate of Determination), the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Remedytemp Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or Pattxxxxx xx the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Patterson Energy Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.1 and 3.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent and any cent. Any balance not so distributable shall be held returned by the Depositary (without liability for interest thereon) to the Company and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Deposit Guaranty Corp)

Cash Distributions. Whenever the Depositary shall receive ------------------- any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts Receipt held by such holders; provided, however, that in case the Company or the Depositary shall be required by law -------- ------- to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of from taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed distributed, without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Chirex Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash Table of Contents dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 1 contract

Samples: Deposit Agreement (Pmi Group Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockPreferred Shares, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 (net of the fees of the Depositary as provided in Section 5.07 hereof) such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Preferred Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Nb Finance LTD)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Fingerhut Companies Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company Corporation or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (United States Steel Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company R&B Falcon or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (R&b Falcon Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 1 contract

Samples: Deposit Agreement (Scholastic Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without with out liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Polaroid Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution by the Company on the Stockany Deposited Securities, the Depositary shall, subject to the provisions of Section 3.02, 4.05. convert such dividend or distribution into dollars and shall distribute the amount thus received to record holders the Holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicableentitled thereto, in proportion to the respective numbers number of American Depositary Shares evidenced by the Receipts representing such Deposited Securities held by such holdersthem respectively; provided, however, that in case the event that the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock any Deposited Securities an amount on account of taxes, the amount made available distributed to the Holder of Receipts for distribution or distributed in respect of American Depositary Shares representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner Holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable discributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as become part of the next sum received recejved by the Depositary for distribution to record holders Holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Huntingdon Life Sciences Group PLC)

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Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stockwith respect to Shares, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (United Companies Financial Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 (net of the fees of the Depositary as provided in Section 5.07 hereof) such amounts of 10 such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Arm Financial Group Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to the record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes and governmental charges, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (American States Water Co)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stockwith respect to Shares, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution distribution-in respect of the Stock Shares an amount on account of taxes, and the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Bank of America Corp /De/)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on with respect to the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as arethe pro rata portion, as nearly as practicable, in proportion of such dividend or distribution applicable to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold any monies from any cash dividend or other cash distribution distribu tion in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts. SECTION 4.02.

Appears in 1 contract

Samples: Deposit Agreement (First Union Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1, 3.2 and 5.7, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.then

Appears in 1 contract

Samples: Deposit Agreement (Fulton Financial Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockPreferred Shares, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock Preferred Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Scottish Annuity & Life Holdings LTD)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, promptly distribute to record holders of Receipts on the applicable record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: PPL Electric Utilities (PPL Electric Utilities Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockShares, the Depositary shall, subject to Section SECTIONS 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section SECTION 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 1 contract

Samples: Deposit Agreement (Prime Group Realty Trust)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, including any cash Liquidated Damages, the Depositary shall, subject to Section 3.023.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holdersRecord Holders; providedPROVIDED, howeverHOWEVER, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Sensormatic Electronics Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders the Record Holders of Receipts Depositary Shares on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for succeeding distribution to record holders of Receipts then outstandingReceipts.

Appears in 1 contract

Samples: Deposit Agreement (Aar Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes or other governmental charges, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (St Paul Capital Trust Ii)

Cash Distributions. Whenever the Depositary shall ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be -------- ------- required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock Stocks an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Merrill Lynch Preferred Capital Trust V)

Cash Distributions. Whenever the Depositary shall ------------------ receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to the record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or -------- ------- the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxestaxes and governmental charges, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares Receipts a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Nationwide Health Properties Inc)

Cash Distributions. Whenever Subject always to applicable laws, whenever the Custodian or the Depositary shall receive receives any cash dividend or other cash distribution on by the StockCompany in respect of any Deposited Securities, the Depositary shall, subject to the provisions of Section 3.024.05, promptly convert or cause such dividend or distribution to be converted into U.S. dollars and shall promptly distribute such amount to record holders the registered Holders entitled thereto, as of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable4.06 hereof, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts ADSs representing such Deposited Securities held by such holdersthem respectively, after deduction or upon payment of the fees and expenses of the Depositary (and without liability for interest); provided, however, that in case the Company event that the Company, the Custodian or the Depositary shall be required by law to withhold and does withhold withhold, subject to Section 4.11 hereof, from any cash dividend or other cash distribution in respect of the Stock any Deposited Securities an amount on account of taxestaxes or other governmental charges, the amount made available for distribution or distributed to the Holder in respect of Depositary Shares ADSs representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares Holder a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as become part of the next sum received by the Depositary for distribution to record holders of Receipts Holders then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Taiwan Semiconductor Manufacturing Co LTD)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution (including any distribution of proceeds from any redemption of the Stock) on the Stock, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Freeport McMoran Copper & Gold Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the StockPreference Shares, the Depositary shall, subject to Section 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Stock Preference Shares an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (MRH Capital Trust I)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Preferred Stock, the Depositary shall, subject to Section 3.023.2, distribute to record holders Record Holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders Record Holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Worldcom Inc /MS/)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary Depositary, shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 (net of the fees of the Depositary as provided in Section 5.07 hereof) such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; , provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Ixc Communications Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.02Sections 3.1 and 3.2, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 4.4 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Depositary Agreement (Union Planters Corp)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Convertible Preferred Stock, the Depositary shall, subject to Section 3.02Sections 3.01 and 3.02 hereof, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Convertible Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to of record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Network Plus Corp)

Cash Distributions. Whenever Subject always to applicable laws, whenever the Custodian or the Depositary shall receive receives any cash dividend or other cash distribution on by the StockCompany in respect of any Deposited Securities, the Depositary shall, subject to the provisions of Section 3.024.05, promptly convert or cause such dividend or distribution to be converted into U.S. dollars and shall promptly distribute such amount to record holders the registered Holders entitled thereto, as of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum as are, as nearly as practicable4.06 hereof, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts ADSs representing such Deposited Securities held by such holdersthem respectively, after deduction or upon payment of the fees and expenses of the Depositary (and without liability for interest); provided, however, that in case the Company event that the Company, the Custodian or the Depositary shall be required by law to withhold and does withhold withhold, subject to Section 4.12 hereof, from any cash dividend or other cash distribution in respect of the Stock any Deposited Securities an amount on account of taxestaxes or other governmental charges, the amount made available for distribution or distributed to the Holder in respect of Depositary Shares ADSs representing such Deposited Securities shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner of Depositary Shares Holder a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as become part of the next sum received by the Depositary for distribution to record holders Holders of Receipts ADSs then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (Taiwan Semiconductor Manufacturing Co LTD)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the deposited shares of Preferred Stock, the Depositary shall, subject to Section Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Preferred Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Deposit Agreement (SBC Communications Inc)

Cash Distributions. Whenever the Depositary shall receive any cash dividend or other cash distribution on the Stock, the Depositary shall, subject to Section 3.01 and 3.02, distribute distributee to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of such sum dividend or distribution as are, as nearly as practicable, in proportion to the respective numbers number of Depositary Shares evidenced by the Receipts held by such holders; provided, however, that in case the Company or the Depositary shall be required by law to withhold and does shall withhold from any cash dividend or other cash distribution in respect of the Stock an amount on account of taxes, the amount made available for distribution or distributed in respect of Depositary Shares shall be reduced accordingly. The Depositary shall distribute or make available for distribution, as the case may be, only such amount, however, as can be distributed without attributing to any owner holder of Depositary Shares a fraction of one cent cent, and any balance not so distributable shall be held by the Depositary (without liability for interest thereon) and shall be added to and be treated as part of the next sum received by the Depositary for distribution to record holders of Receipts then outstanding.

Appears in 1 contract

Samples: Star Banc Corp /Oh/

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