Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement: (i) taxes (including applicable interest and penalties) and other governmental charges; (ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively; (iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs; (iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency; (v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements; (vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report; (vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 4 contracts
Sources: Deposit Agreement (HW Electro Co., Ltd.), Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (HW Electro Co., Ltd.)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 3 contracts
Sources: Deposit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Deposit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Deposit Agreement (Citibank,N.A./ADR)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT, cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – FEFTA-related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs ADSs, and the ADRs.
Appears in 3 contracts
Sources: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (SFIDA X, Inc.), Deposit Agreement (SFIDA X, Inc.)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities (which in certain circumstances may include the Company) in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(ia) taxes (including applicable interest and penalties) and other governmental charges;
(iib) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iiic) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(ivd) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(ve) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vif) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(viig) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 3 contracts
Sources: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Woodside Petroleum LTD)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs ADSs, and the ADRs.
Appears in 3 contracts
Sources: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 3 contracts
Sources: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Super Hi International Holding Ltd.), Deposit Agreement (Citibank,N.A./ADR)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs. The above fees and charges may at any time and from time to time be changed by agreement between the Company and the Depositary and may be assessed cumulatively based on cumulative functions of services rendered.
Appears in 2 contracts
Sources: Deposit Agreement (Sify Technologies LTD), Deposit Agreement (Citibank,N.A./ADR)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – FEFTA-related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs ADSs, and the ADRs.
Appears in 2 contracts
Sources: Deposit Agreement (PicoCELA Inc.), Deposit Agreement (Citibank,N.A./ADR)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT, cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 2 contracts
Sources: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT, cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs ADSs, and the ADRs.
Appears in 1 contract
Sources: Deposit Agreement (SFIDA X, Inc.)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, receiving ADSs upon issuance and persons for whom whose ADSs are issued or being cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property Securities or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Shares, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR programservicing or delivery of Deposited Property. Citibank, includingN.A. Depositary Receipts Department 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, without limitation▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: ChipMOS Technologies Inc. We refer to the Deposit Agreement, includingdated as of [date] (as amended from time to time, without limitationthe “Deposit Agreement”), FEFTA Pre-Notificationamong ChipMOS Technologies Inc. (the “Company”), FEFTA Execution ReportCitibank, FEFTA 10% Voting / Ownership ReportN.A., as Depositary thereunder, and FEFTA Share Withdrawal Report;Holders and Beneficial Owners from time to time of American Depositary Shares (the “ADSs”) issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs for the purpose of withdrawal of the Deposited Securities represented by the ADSs pursuant to Section 2.7 of the Deposit Agreement.
2. We agree (or if we are acting for the account of another person, such person has confirmed to us that it agrees) to comply with all requests from the Company pursuant to ROC laws or regulations, the rules and requirements of the Taiwan Stock Exchange, any other stock exchange on which the ADSs or the Deposited Securities are, or may be, traded or listed, and the Articles of Incorporation of the Company, which are made to provide information, inter alia, as to the capacity in which we (or our client) hold(s) or own(s) the ADSs or Deposited Securities and regarding the identity of any other person then or previously interested in such ADSs or Deposited Securities, the nature of such interest and various related matters, whether or not we (they) are holders and/or beneficial owners of ADSs or Deposited Securities at the time of such request.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that: Please check the applicable box in (a) below and complete (b) in its entirety.
(viii) Recipient of Deposited Securities withdrawn hereby (“Recipient”) is a “Related Person” of the amounts payable Company (as defined below).
(ii) The aggregate number of Deposited Securities to be received by the Depositary by any party Recipient upon the surrender of ADSs for the withdrawal of Deposited Securities pursuant to Section 2.7 of the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect will exceed ten percent (10%) of the ADR programtotal number of Deposited Securities currently on deposit with the Custodian.* * To determine the number of Deposited Securities on deposit, please visit the ADSs and Taiwan Stock Exchange's website at: h▇▇▇://▇▇▇▇▇.▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇-java/t47hsc01_e?step=0&TYPEK=sii
(b) (i) Recipient hereby withdraws ____________ Deposited Securities of the ADRs.Company,
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, receiving ADSs upon issuance and persons for whom whose ADSs are issued or being cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property Securities or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Shares, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR programservicing or delivery of Deposited Property. Citibank, includingN.A. Depositary Receipts Department 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, without limitation▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: ChipMOS Technologies Inc. We refer to the Deposit Agreement, includingdated as of [date] (as amended from time to time, without limitationthe “Deposit Agreement”), FEFTA Pre-Notificationamong ChipMOS Technologies Inc. (the “Company”), FEFTA Execution ReportCitibank, FEFTA 10% Voting / Ownership ReportN.A., as Depositary thereunder, and FEFTA Share Withdrawal Report;Holders and Beneficial Owners from time to time of American Depositary Shares (the “ADSs”) issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs for the purpose of withdrawal of the Deposited Securities represented by the ADSs pursuant to Section 2.7 of the Deposit Agreement.
2. We agree (or if we are acting for the account of another person, such person has confirmed to us that it agrees) to comply with all requests from the Company pursuant to ROC laws or regulations, the rules and requirements of the Taiwan Stock Exchange, any other stock exchange on which the ADSs or the Deposited Securities are, or may be, traded or listed, and the Articles of Incorporation of the Company, which are made to provide information, inter alia, as to the capacity in which we (or our client) hold(s) or own(s) the ADSs or Deposited Securities and regarding the identity of any other person then or previously interested in such ADSs or Deposited Securities, the nature of such interest and various related matters, whether or not we (they) are holders and/or beneficial owners of ADSs or Deposited Securities at the time of such request.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that: Please check the applicable box in (a) below and complete (b) in its entirety.
(viia) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect (i) oRecipient of Deposited Securities withdrawn hereby (“Recipient”) is a “Related Person” of the ADR program, the ADSs and the ADRsCompany (as defined below).
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, or persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, receiving ADSs upon issuance and persons for whom whose ADSs are issued or being cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property Securities or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Shares, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR programservicing or delivery of Deposited Property. Citibank, includingN.A. Depositary Receipts Department 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, without limitation▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the fees and expenses▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: ASE INDUSTRIAL HOLDING CO., including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant LTD. We refer to the Deposit Agreement, includingdated as of [date] (as amended from time to time, without limitationthe "Deposit Agreement"), FEFTA Pre-Notificationamong ASE INDUSTRIAL HOLDING CO., FEFTA Execution ReportLTD. (the "Company"), FEFTA 10% Voting / Ownership ReportCITIBANK, N.A., as Depositary thereunder, and FEFTA Share Withdrawal Report;Holders and Beneficial Owners from time to time of American Depositary Shares (the "ADSs") issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs for the purpose of withdrawal of the Deposited Securities represented by the ADSs pursuant to Section 2.7 of the Deposit Agreement.
2. We agree (or if we are acting for the account of another person, such person has confirmed to us that it agrees) to comply with all requests from the Company pursuant to ROC laws or regulations, the rules and requirements of the TSE, any other stock exchange on which the ADSs or the Deposited Securities are, or may be, traded or listed, and the Articles of Incorporation and Bylaws of the Company, which are made to provide information, inter alia, as to the capacity in which we (or our client) hold(s) or own(s) the ADSs or Deposited Securities and regarding the identity of any other person then or previously interested in such ADSs or Deposited Securities, the nature of such interest and various related matters, whether or not we (they) are holders and/or beneficial owners of ADSs or Deposited Securities at the time of such request.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that: Please check the applicable box in (a) below and complete (b) in its entirety.
(viia) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect (i) ☐ Recipient of Deposited Securities withdrawn hereby ("Recipient") is a "Related Person" of the ADR program, the ADSs and the ADRsCompany (as defined below).
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or Eligible Securities for deposit and persons surrendering ADSs for cancellation and for the purpose of withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreementcharges:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares Eligible Securities or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Eligible Securities, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, or any nominee Depositary in connection with the delivery of Deposited Securities. FORM OF CERTIFICATION UPON WITHDRAWAL. EXHIBIT C Certification and Agreement of Persons Surrendering ADSs for the Purpose of Withdrawal Deposited Securities Pursuant to Section 2.7 of the Deposit Agreement Citibank, N.A. ADR programDepartment ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, including▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Advanced Semiconductor Engineering, without limitationInc. We refer to the Amended and Restated Deposit Agreement, dated as of September 29, 2000 (the fees "Deposit Agreement"), among ADVANCED SEMICONDUCTOR ENGINEERING, INC. (the "Company"), CITIBANK N.A., as Depositary, and expensesHolders and Beneficial Owners from time to time of American Depositary Shares (the "ADSs") evidenced by American Depositary Receipts (the "Receipts") issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs or giving withdrawal instructions through DTC in accordance with the terms of the Deposit Agreement for the purpose of withdrawal of the Deposited Securities represented by the ADSs (the "Shares") pursuant to Section 2.7 of the Deposit Agreement.
2. We certify (or if we are acting for the account of another person, including fees and expenses such person has confirmed to us that it certifies) that: (PLEASE CHECK THE APPLICABLE BOX IN (a) BELOW AND FILL IN THE MISSING INFORMATION IN (b) BELOW, AS APPROPRIATE)
(a) [ ] We are (it is) a "Related Person" of counselthe Company (as defined below) or [ ] We are (it is) NOT a "Related Person" of the Company (as defined below) AND
(i) We will own Shares of the Company, after --------------------- cancellation of the ADSs (fill in) surrendered hereby (do not include Shares represented by ADSs included in (b)(ii) below); and
(ii) We will own ADSs representing Shares of the -------------------- Company, after cancellation of (fill in) the ADSs surrendered hereby.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that:
(i) We are (or the person for the account of which we are acting is) the Beneficial Owner of the ADSs hereby surrendered to the Depositary for any FEFTA – related filings relating to withdrawal of the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;represented thereby; AND
(viiii) We hereby certify that the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect following information is true and correct: Name of the ADR program, the Beneficial Owner of ADSs: ------------------------------------- Address of Beneficial Owner of ADSs: ---------------------------------- ---------------------------------------------------------------------- ---------------------------------------------------------------------- Nationality of Beneficial Owner of ADSs: ------------------------------ Number of ADSs and the ADRs.surrendered hereby: ------------------------------------ Number of Shares withdrawn hereby: ------------------------------------ Date: -----------------------------------------------------------------
Appears in 1 contract
Sources: Deposit Agreement (Advanced Semiconductor Engineering Inc)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares Units or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares Units or other Deposited Securities on the share register and applicable to transfers of Shares Units or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares Units or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or for deposit and persons surrendering Regulation S GDRs for cancellation and for the purpose of withdrawing Regulation S Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreementcharges:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Regulation S Deposited Securities on the share register and applicable to transfers of Shares or other Regulation S Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Regulation S Deposit Agreement to be at the expense of the person depositing or withdrawing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSsRegulation S GDRs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or other governmental requirements;regulations applicable to Shares, Regulation S Deposited Securities, Regulation S GDRs and Regulation S GDR Certificates; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, Custodian or any nominee in connection with the ADR programdelivery or servicing of Regulation S Deposited Securities. Regulation S Deposit Agreement(1) DEUTSCHE BANK TRUST COMPANY AMERICAS, includingas Depositary GDR Department, without limitation▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ Re: JSC SITRONICS (incorporated as an open joint stock company under the laws of the Russian Federation) We refer to the Regulation S Deposit Agreement, dated as of December 14, 2006 (the “Regulation S Deposit Agreement”), among JSC SITRONICS (the “Company”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Depositary (the “Depositary”), and Holders and Beneficial Owners from time to time of Regulation S Global Depositary Receipts (the “Regulation S GDRs”) evidenced by Regulation S Global Depositary Receipt Certificates (the “Regulation S GDR Certificates”) issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Regulation S Deposit Agreement.
1. This Certification and Agreement is furnished in connection with the deposit of Shares and request for issuance of Regulation S GDRs pursuant to Section 2.3 of the Regulation S Deposit Agreement.
2. We acknowledge (or if we are a broker-dealer, our customer has confirmed to us that it acknowledges) that the Regulation S GDR Certificates, the fees Regulation S GDRs evidenced thereby and expensesthe Shares represented thereby have not been and will not be registered under the Securities Act of 1933, including fees and expenses of counsel, as amended (the “Act”) or with any securities regulatory authority in any state or other jurisdiction of the Depositary for any FEFTA – related filings relating to United States.
3. We certify that either:
(a) We are, or at the time the Shares on deposit inare deposited and at the time the Regulation S GDR Certificates are issued will be, the beneficial owner of the Shares and of the Regulation S GDRs evidenced by such Regulation S GDR Certificates, and:
(i) we are not a U.S. person (as defined in Regulation S) and we are located outside the United States (within the meaning of Regulation S under the Act) and acquired, or have agreed to acquire and will have acquired, the Shares to be deposited intooutside the United States (within the meaning of Regulation S),
(ii) we are not an Affiliate of the Company or a person acting on behalf of such an Affiliate, or and
(1) To be used prior to effectiveness of a registration statement on Form F-6 under the Securities Act of 1933 relating to depositary receipts to be withdrawn from, the ADR program existing issued pursuant to the Deposit Agreement.
(iii) we are not in the business of buying and selling securities or, includingif we are in such business, without limitationwe did not acquire the securities to be deposited from the Company or any Affiliate thereof in the initial distribution of Regulation S GDRs, FEFTA PreShares and Rule 144A GDRs.
(b) We are a broker-Notificationdealer acting on behalf of our customer; our customer has confirmed to us that it is, FEFTA Execution Reportor at the time the Shares are deposited and at the time the Regulation S GDR Certificates are issued will be, FEFTA 10% Voting / Ownership Reportthe beneficial owner of the Shares and of the Regulation S GDRs evidenced by such Regulation S GDR Certificates, and:
(i) it is not a U.S. person and it is located outside the United States and acquired, or has agreed to acquire and will have acquired, the Shares to be deposited outside the United States,
(ii) it is not an Affiliate of the Company or a person acting on behalf of such an Affiliate, and
(iii) it is not in the business of buying and selling securities or, if it is in such business, it did not acquire the securities to be deposited from the Company or any Affiliate thereof in the initial distribution of Regulation S GDRs, Shares and Rule 144A GDRs. Very truly yours, By: Name: Title: Date: Regulation S Deposit Agreement(2) DEUTSCHE BANK TRUST COMPANY AMERICAS, as Depositary GDR Department, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇/▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ Re: JSC SITRONICS (incorporated as an open joint stock company under the laws of the Russian Federation) We refer to the Regulation S Deposit Agreement, dated as of December 14, 2006 (the “Regulation S Deposit Agreement”), among JSC SITRONICS (the “Company”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Depositary (the “Depositary”), and FEFTA Share Withdrawal Report;Holders and Beneficial Owners from time to time of Regulation S Global Depositary Receipts evidenced by Regulation S Global Depositary Receipt Certificates (the “Regulation S GDR Certificates”) issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement.
1. This Certification and Agreement is furnished in connection with the deposit of Shares and issuance of Regulation S Global Depositary Receipts (viithe “Regulation S GDRs”) the amounts payable to the Depositary be evidenced by any party one or more Regulation S GDR Certificates pursuant to Section 2.3 of the Deposit Agreement pursuant and the immediate resale of the Regulation S GDRs on a Designated Offshore Securities Market (as defined in Regulation S under the Securities Act of 1933, as amended (the “Act”)).
2. We acknowledge that the Regulation S GDR Certificates, the Regulation S GDRs evidenced thereby and the Shares represented thereby have not been and will not be registered under the Act or with any securities regulatory authority in any state or jurisdiction of the United States.
3. We certify that:
(i) we are the beneficial owner of the Shares being deposited, we have sold, or irrevocably agreed to any ancillary agreement to sell, the Deposit Agreement Regulation S GDRs issued in respect of the ADR programShares so deposited outside the United States in an “offshore transaction” within the meaning of Regulation S under the Act on a Designated Offshore Securities Market (as defined in Regulation S under the Act) in a transaction otherwise satisfying all of the requirements of Regulation S under the Act, we have not engaged in any “directed selling efforts” (within the ADSs and the ADRs.meaning given to
Appears in 1 contract
Sources: Regulation S Deposit Agreement (Joint Stock Co Sitronics)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, taxes and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs. The above fees and charges may at any time and from time to time be changed by agreement between the Company and the Depositary. [●], 2023 Prime Number Capital LLC, As Underwriter of the Company ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Ladies and Gentlemen: The undersigned understands that Prime Number Capital LLC, the representative (the “Representative”) of the underwriters (the “Underwriters”), proposes to enter into an underwriting agreement (the “Underwriting Agreement”) with XIAO-I CORPORATION, a Cayman Islands company (the “Company”), providing for an offering (the “Offering”) by the Company of the Company’s American Depositary Shares (the “ADSs”), each representing one third of an ordinary share of the Company, par value $0.00005 per share (the “Ordinary Shares”).
Appears in 1 contract
Sources: Underwriting Agreement (Xiao-I Corp)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or for deposit and persons surrendering ADSs for cancellation and for the purpose of withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreementcharges:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share Share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Class C-1 Deposit Agreement to be at the expense of the person depositing or withdrawing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR ADS program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Class C-1 Deposit Agreement pursuant to any ancillary agreement to the Class C-1 Deposit Agreement in respect of the ADS program, the ADSs and the ADRs; and
(viii) the amounts payable to the Depositary by any party to the Class C-1 Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs.
Appears in 1 contract
Sources: Warrant Amendment Agreement (Gores Guggenheim, Inc.)
Charges. The Company, Holders, Beneficial Owners, or persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such SWIFT cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of (x) the person depositing Shares or withdrawing Deposited Property or of (y) the Holders and Beneficial Owners of ADSs;
(iv) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(v) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vi) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(vii) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect of the ADR program, the ADSs and the ADRs. The above fees and charges may at any time and from time to time be changed by agreement between the Company and the Depositary in accordance with the terms of the Deposit Agreement and may be assessed cumulatively based on cumulative functions of services rendered.”
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or for deposit and persons surrendering ADSs for cancellation and for the purpose of withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreementcharges:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing or withdrawing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Shares, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, Custodian or any nominee in connection with the ADR programservicing or delivery of Deposited Securities. Citibank, includingN.A. Depositary Receipts Department 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, without limitation▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Advanced Semiconductor Engineering, Inc. We refer to the Amended and Restated Deposit Agreement, dated as of September 29, 2000 (as amended from time to time, the fees "Deposit Agreement"), among ADVANCED SEMICONDUCTOR ENGINEERING, INC. (the "Company"), CITIBANK, N.A., as Depositary thereunder, and expenses, including fees Holders and expenses Beneficial Owners from time to time of counsel, of American Depositary Shares (the "ADSs") evidenced by American Depositary for any FEFTA – related filings relating to Receipts (the Shares on deposit in, to be deposited into, or to be withdrawn from, "ADRs") issued thereunder. Capitalized terms used but not defined herein shall have the ADR program existing pursuant to meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs for the purpose of withdrawal of the Deposited Securities represented by the ADSs pursuant to Section 2.7 of the Deposit Agreement.
2. We agree (or if we are acting for the account of another person, includingsuch person has confirmed to us that it agrees) to comply with all requests from the Company pursuant to ROC laws or regulations, without limitationthe rules and requirements of the Taiwan Stock Exchange, FEFTA Pre-Notificationany other stock exchange on which the ADSs or the Deposited Securities are, FEFTA Execution Reportor may be, FEFTA 10% Voting / Ownership Reporttraded or listed, and FEFTA Share Withdrawal Report;the Articles of Incorporation and Bylaws of the Company, which are made to provide information, inter alia, as to the capacity in which we (or our client) hold(s) or own(s) the ADSs or Deposited Securities and regarding the identity of any other person then or previously interested in such ADSs or Deposited Securities, the nature of such interest and various related matters, whether or not we (they) are holders and/or beneficial owners of ADSs or Deposited Securities at the time of such request.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that: Please check the applicable box in (a) below and complete (b) in its entirety.
(viia) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect (i) o Recipient of Deposited Securities withdrawn hereby ("Recipient") is a "Related Person" of the ADR program, the ADSs and the ADRsCompany (as defined below).
Appears in 1 contract
Sources: Amendment No. 2 to Amended and Restated Deposit Agreement (Citibank,N.A./ADR)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, receiving ADSs upon issuance and persons for whom whose ADSs are issued or being cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property Securities or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Shares, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR programservicing or delivery of Deposited Property. Citibank, includingN.A. Depositary Receipts Department 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, without limitation▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ We refer to the Deposit Agreement, includingdated as of April 30, without limitation2018 (as amended from time to time, FEFTA Pre-Notificationthe "Deposit Agreement"), FEFTA Execution Reportamong ASE INDUSTRIAL HOLDING CO., FEFTA 10% Voting / Ownership ReportLTD. (the "Company"), CITIBANK, N.A., as Depositary thereunder, and FEFTA Share Withdrawal Report;Holders and Beneficial Owners from time to time of American Depositary Shares (the "ADSs") issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs for the purpose of withdrawal of the Deposited Securities represented by the ADSs pursuant to Section 2.7 of the Deposit Agreement.
2. We agree (or if we are acting for the account of another person, such person has confirmed to us that it agrees) to comply with all requests from the Company pursuant to ROC laws or regulations, the rules and requirements of the TSE, any other stock exchange on which the ADSs or the Deposited Securities are, or may be, traded or listed, and the Articles of Incorporation and Bylaws of the Company, which are made to provide information, inter alia, as to the capacity in which we (or our client) hold(s) or own(s) the ADSs or Deposited Securities and regarding the identity of any other person then or previously interested in such ADSs or Deposited Securities, the nature of such interest and various related matters, whether or not we (they) are holders and/or beneficial owners of ADSs or Deposited Securities at the time of such request.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that: Please check the applicable box in (a) below and complete (b) in its entirety.
(viia) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect (i) ☐ Recipient of Deposited Securities withdrawn hereby ("Recipient") is a "Related Person" of the ADR program, the ADSs and the ADRsCompany (as defined below).
Appears in 1 contract
Sources: Deposit Agreement (ASE Technology Holding Co., Ltd.)
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities (which in certain circumstances may include the Company) in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(ia) taxes (including applicable interest and penalties) and other governmental charges;
(iib) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iiic) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property or of the Holders and Beneficial Owners of ADSs;
(ivd) in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currency;
(ve) any reasonable and customary out-of-pocket expenses incurred in such conversion and/or on behalf of the Holders and Beneficial Owners in complying with currency exchange control or other governmental requirements;
(vif) the fees, charges, costs and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR program, including, without limitation, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant to the Deposit Agreement, including, without limitation, FEFTA Pre-Notification, FEFTA Execution Report, FEFTA 10% Voting / Ownership Report, and FEFTA Share Withdrawal Report;; and
(viig) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to pursuantto any ancillary agreement to the Deposit Agreement in respect of the ADR program, ,the ADSs and the ADRs.
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, receiving ADSs upon issuance and persons for whom whose ADSs are issued or being cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property Securities or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Shares, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR programservicing or delivery of Deposited Property. Citibank, includingN.A. Depositary Receipts Department 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, without limitation▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the fees and expenses▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: ASE INDUSTRIAL HOLDING CO., including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant LTD. We refer to the Deposit Agreement, includingdated as of [date] (as amended from time to time, without limitationthe "Deposit Agreement"), FEFTA Pre-Notificationamong ASE INDUSTRIAL HOLDING CO., FEFTA Execution ReportLTD. (the "Company"), FEFTA 10% Voting / Ownership ReportCITIBANK, N.A., as Depositary thereunder, and FEFTA Share Withdrawal Report;Holders and Beneficial Owners from time to time of American Depositary Shares (the "ADSs") issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs for the purpose of withdrawal of the Deposited Securities represented by the ADSs pursuant to Section 2.7 of the Deposit Agreement.
2. We agree (or if we are acting for the account of another person, such person has confirmed to us that it agrees) to comply with all requests from the Company pursuant to ROC laws or regulations, the rules and requirements of the TSE, any other stock exchange on which the ADSs or the Deposited Securities are, or may be, traded or listed, and the Articles of Incorporation and Bylaws of the Company, which are made to provide information, inter alia, as to the capacity in which we (or our client) hold(s) or own(s) the ADSs or Deposited Securities and regarding the identity of any other person then or previously interested in such ADSs or Deposited Securities, the nature of such interest and various related matters, whether or not we (they) are holders and/or beneficial owners of ADSs or Deposited Securities at the time of such request.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that: Please check the applicable box in (a) below and complete (b) in its entirety.
(viia) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect (i) o Recipient of Deposited Securities withdrawn hereby ("Recipient") is a "Related Person" of the ADR program, the ADSs and the ADRsCompany (as defined below).
Appears in 1 contract
Charges. The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, receiving ADSs upon issuance and persons for whom whose ADSs are issued or being cancelled shall be responsible for the following ADS charges (some of which may be cumulative) under the terms of the Deposit Agreement:
(i) taxes (including applicable interest and penalties) and other governmental charges;
(ii) such registration fees as may from time to time be in effect for the registration of Shares or other Deposited Securities on the share register and applicable to transfers of Shares or other Deposited Securities to or from the name of the Custodian, the Depositary or any nominees upon the making of deposits and withdrawals, respectively;
(iii) such cable, telex and facsimile transmission and delivery expenses as are expressly provided in the Deposit Agreement to be at the expense of the person depositing Shares or withdrawing Deposited Property Securities or of the Holders and Beneficial Owners of ADSs;
(iv) the expenses and charges incurred by the Depositary in connection with the conversion of Foreign Currency, the fees, expenses, spreads, taxes and other charges of the Depositary and/or conversion service providers (which may be a division, branch or Affiliate of the Depositary). Such fees, expenses, spreads, taxes, and other charges shall be deducted from the Foreign Currencyforeign currency;
(v) any reasonable such fees and customary out-of-pocket expenses as are incurred by the Depositary in such conversion and/or on behalf of the Holders and Beneficial Owners in complying connection with currency compliance with exchange control or regulations and other governmental requirements;regulatory requirements applicable to Shares, Deposited Securities, ADSs and ADRs; and
(vi) the fees, charges, costs fees and expenses incurred by the Depositary, the Custodian, or any nominee in connection with the ADR programservicing or delivery of Deposited Property. Citibank, includingN.A. Depositary Receipts Department ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, without limitation▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the fees and expenses, including fees and expenses of counsel, of the Depositary for any FEFTA – related filings relating to the Shares on deposit in, to be deposited into, or to be withdrawn from, the ADR program existing pursuant ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ We refer to the Deposit Agreement, includingdated as of [date] (as amended from time to time, without limitationthe "Deposit Agreement"), FEFTA Pre-Notificationamong ASE INDUSTRIAL HOLDING CO., FEFTA Execution ReportLTD. (the "Company"), FEFTA 10% Voting / Ownership ReportCITIBANK, N.A., as Depositary thereunder, and FEFTA Share Withdrawal Report;Holders and Beneficial Owners from time to time of American Depositary Shares (the "ADSs") issued thereunder. Capitalized terms used but not defined herein shall have the meanings given them in the Deposit Agreement. We are providing the information herein to enable the Company to comply with its reporting obligations under the laws and regulations of the Republic of China and understand that the Company will rely upon the information provided herein for such purpose.
1. We are surrendering ADSs for the purpose of withdrawal of the Deposited Securities represented by the ADSs pursuant to Section 2.7 of the Deposit Agreement.
2. We agree (or if we are acting for the account of another person, such person has confirmed to us that it agrees) to comply with all requests from the Company pursuant to ROC laws or regulations, the rules and requirements of the TSE, any other stock exchange on which the ADSs or the Deposited Securities are, or may be, traded or listed, and the Articles of Incorporation and Bylaws of the Company, which are made to provide information, inter alia, as to the capacity in which we (or our client) hold(s) or own(s) the ADSs or Deposited Securities and regarding the identity of any other person then or previously interested in such ADSs or Deposited Securities, the nature of such interest and various related matters, whether or not we (they) are holders and/or beneficial owners of ADSs or Deposited Securities at the time of such request.
3. We certify (or if we are acting for the account of another person, such person has confirmed to us that it certifies) that: Please check the applicable box in (a) below and complete (b) in its entirety.
(viia) the amounts payable to the Depositary by any party to the Deposit Agreement pursuant to any ancillary agreement to the Deposit Agreement in respect (i) o Recipient of Deposited Securities withdrawn hereby ("Recipient") is a "Related Person" of the ADR program, the ADSs and the ADRsCompany (as defined below).
Appears in 1 contract
Sources: Deposit Agreement (Advanced Semiconductor Engineering Inc)