Distribution of Rights. Separate certificates evidencing the Rights will be mailed to holders of record of the Common Shares on the "Distribution Date."
Distribution of Rights. In the event that the Company shall offer or cause to be offered to the holders of any Deposited Securities any rights to subscribe for additional Common Stock or any rights of any other nature, the Depositary, after consultation with the Company, has discretion as to the procedure to be followed in making such rights available to the Holders entitled thereto, subject to certain conditions set forth in Section 5.09 of the Deposit Agreement (which are summarized in paragraph (27) below), or in disposing of such rights on behalf of such Holders and making the net proceeds available in cash to such Holders or, if by the terms of such rights offering or by reason of applicable law, the Depositary may neither make such rights available to such Holders nor dispose of such rights and make the net proceeds available to such Holders, then the Depositary will allow the rights to lapse; provided, however, that the Depositary will, if requested by the Company, take action as follows:
Distribution of Rights. 23 SECTION 4.05. Distributions Other Than Cash, Shares or Rights................26 SECTION 4.06. Conversion of Foreign Currency.................................27 SECTION 4.07. Fixing of Record Date..........................................28 SECTION 4.08. Voting of Deposited Securities.................................29 SECTION 4.09. Changes Affecting Deposited Securities.........................30 SECTION 4.10. Transmittal by the Depositary of Company Notices, Reports and Communications.....................................31 SECTION 4.11. Withholding....................................................32 SECTION 4.12. Available Information..........................................33
Distribution of Rights. (a) Distribution to ADS Holders. Whenever the Company intends to distribute to the holders of the Deposited Securities rights to subscribe for additional Shares (or any rights of any other nature), the Company shall give notice thereof to the Depositary at least 60 days prior to the proposed distribution stating whether or not it wishes such rights to be made available to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such rights to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such rights available to the Holders. The Depositary shall make such rights available to Holders only if (i) the Company shall have requested that such rights be made available to Holders, (ii) the Depositary shall have received documentation within the terms of Section 5.7 reasonably satisfactory to it, and (iii) the Depositary shall have determined that such distribution of rights is reasonably practicable. In the event any of the conditions set forth above are not satisfied, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) below. In the event all conditions set forth above are satisfied, the Depositary shall establish an ADS Record Date (upon the terms described in Section 4.9) and establish procedures to distribute such rights (by means of warrants or otherwise) and to enable the Holders to exercise the rights (upon payment of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes). The Company shall assist the Depositary to the extent necessary in establishing such procedures. Nothing herein shall obligate the Depositary to make available to the Holders a method to exercise such rights to subscribe for Shares (rather than ADSs).
Distribution of Rights. 3 Section 2.03. Rights Arising in Future............................................................... 4 Section 2.04. No Warranties.......................................................................... 4 Section 2.05. Recognition of Non-Party Rights........................................................ 4 Section 2.06. Effectuating Transfer of Rights........................................................ 5 Section 2.07. Limitations and Obligations in Jointly Owned Intellectual Property..................... 5 ARTICLE III CROSS LICENSING OF RIGHTS.................................................................. 5 Section 3.01.
Distribution of Rights. (a) Varian hereby irrevocably transfers and assigns, effective as of the Effective Time, to IB the ownership of all rights, title and/or interest in the IB Intellectual Property, a non-exclusive description of which is set forth in Schedule 2.02(a). In addition, Varian hereby irrevocably transfers and assigns to IB, effective as of the Effective Time, joint ownership of all rights, title and/or interest in the Specified Intellectual Property, an exclusive description of which is set forth in Schedule 2.02(d), subject to the provisions of Section 2.07 below.
Distribution of Rights. In the event that the Company shall offer or cause to be offered to the holders of any Deposited Securities any rights to subscribe for additional Common Stock or any rights of any other nature, the Depositary, after consultation with the Company, shall have discretion as to the procedure to be followed in making such rights available to the Holders entitled thereto, subject to Section 5.09, or in disposing of such rights on behalf of such Holders and making the net proceeds available in cash to such Holders or, if by the terms of such rights offering or by reason of applicable law, the Depositary may neither make such rights available to such Holders nor dispose of such rights and make the net proceeds available to such Holders, then the Depositary shall allow the rights to lapse; provided, however, that the Depositary will, if requested by the Company, take action as follows:
Distribution of Rights. Pursuant to this Agreement and subject to the terms and conditions hereof, each Shareholder is entitled to one Contingent Goodwill Participation Right (each a "Right" and collectively, the "Rights") for each share of Common Stock held by such Shareholder as of the date hereof. Therefore, each Shareholder will respectively be entitled to the following number of Rights corresponding to its pro rata share of Common Stock held as of the date hereof: The Xxxxxx Estate: 59,100 Rights (60%), BIL Securities: 29,550 Rights (30%), Xxxxx, Inc.: 9,850 Rights (10%). The parties hereto confirm and agree that, notwithstanding the provisions of any judgment entered or settlement agreement entered into or executed in connection with the Litigation, each Right entitles its owner to receive 0.0009645% of the Litigation Recovery and the 98,500 Rights owned collectively by the three Shareholders as of the date hereof account for and represent in the aggregate 95% of the Litigation Recovery and 100% of the Recovery Payment. It is not the intent of the parties to create a debt obligation owed by the Company or the Bank to each Shareholder. Each Shareholder does not have the right to receive any distribution or payment from the Company and/or the Bank pursuant to this Agreement, nor does the Company and/or the Bank have a duty to make any payment to each Shareholder or distribution pursuant to this Agreement, except in each case to the extent of the Recovery Payment, if any, and except as described herein.
Distribution of Rights. In the event that the Company shall offer or cause to be offered to the holders of any Deposited Securities any rights to subscribe for additional Shares or any rights of any other nature, the Company shall give notice thereof to Depositary the at least forty five (45) days prior to the proposed distribution specifying, inter alia, the record date applicable to holders. Following the timely receipt of such notice, the Depositary, after consultation with the Company, shall have discretion as to the procedure to be followed in making such rights available to the Holders of ADSs or in disposing of such rights on behalf of such Holders and making the net proceeds available in Dollars to such Holders; provided, however, that the Depositary will, if requested by the Company, take action as follows:
Distribution of Rights. In the event that the Company shall offer or cause to be offered to the holders of any Deposited Securities any rights to subscribe for additional Shares or any rights of any other nature, and in the event the CPO Trustee makes such offer available to holders of CPOs, the Depositary, after consultation with the Company, shall have discretion as to the procedure to be followed in making such rights available to the Holders entitled thereto, subject to Section 5.09, or in disposing of such rights on behalf of such Holders and making the net proceeds available in dollars to such Holders as in the case of a distribution of cash pursuant to Section 4.02 of this Deposit Agreement or, if by the terms of such rights offering or by reason of applicable law, the Depositary may neither make such rights available to such Holders nor dispose of such rights and make the net proceeds available to such Holders, then the Depositary shall allow the rights to lapse (without incurring liability to any person as a consequence thereof); provided, however, that the Depositary will, if the Company so requests in writing and provides an opinion of United States counsel (which opinion shall be reasonably acceptable to the Depositary) as to the absence of any registration requirements under the Securities Act of 1933 with respect to such additional Series A Shares, Series B Shares, Series L Shares and Series D Shares or other rights or as to the effectiveness of a registration statement under the Securities Act of 1933 with respect thereto, take action as follows:
