Common use of Depositary Shares Clause in Contracts

Depositary Shares. Upon request by the Investor at any time following the Closing Date, the Company shall promptly enter into a depositary arrangement, pursuant to customary agreements reasonably satisfactory to the Investor and with a depositary reasonably acceptable to the Investor, pursuant to which the CDCI Preferred Shares may be deposited and depositary shares, each representing a fraction of a CDCI Preferred Share, as specified by the Investor, may be issued. From and after the execution of any such depositary arrangement, and the deposit of any CDCI Preferred Shares, as applicable, pursuant thereto, the depositary shares issued pursuant thereto shall be deemed “CDCI Preferred Shares” and, as applicable, “Registrable Securities” for purposes of this Agreement.

Appears in 4 contracts

Samples: Exchange Agreement, Exchange Agreement, Exchange Agreement

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