Common use of Distributions Other Than Cash, Shares or Rights Clause in Contracts

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration under the Securities Act of 1933 in order to be distributed to Owners or Holders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution.

Appears in 54 contracts

Samples: Deposit Agreement (Sundance Energy Australia LTD), Deposit Agreement (Sundance Energy Australia LTD), Deposit Agreement (Benitec Biopharma LTD/ADR)

AutoNDA by SimpleDocs

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution.

Appears in 13 contracts

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Royal Ahold), Deposit Agreement (Kelka Express Co LTD)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.095.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall as promptly as practicable, after consultation with the Company, cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 4 contracts

Samples: Deposit Agreement (Terranova S A), Deposit Agreement (Masisa S.A.), Deposit Agreement (Terranova S A)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may may, after Consultation with the Company to the extent practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount withhold any distribution of securities or other property it would otherwise distribute under this Section 4.02 if it has not received satisfactory assurances from the Company that is sufficient to pay its fees and expenses in respect the distribution does not require registration under the Securities Act of that distribution1933.

Appears in 3 contracts

Samples: Deposit Agreement (Silicon Motion Technology CORP), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Silicon Motion Technology CORP)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if if, after consultation with the Company, (a) in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or (b) if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, then the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount withhold any distribution of securities or other property it would otherwise distribute under this Section 4.02 if it has not received satisfactory assurances from the Company that is sufficient to pay its fees and expenses in respect the distribution does not require registration under the Securities Act of that distribution1933.

Appears in 3 contracts

Samples: Deposit Agreement (Autonomy Corp PLC), Deposit Agreement (Eidos PLC), Deposit Agreement (ReGen Therapeutics PLC)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company Issuer or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary Depositary, after consultation with the Issuer, deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the expenses, taxes and fees and expenses of the Depositary as provided in Section 5.09Sections 4.5, 4.11 and 5.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 2 contracts

Samples: Deposit Agreement (Lihir Gold LTD), Deposit Agreement (Lihir Gold LTD)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.095.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.014.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9 and applicable taxes and other governmental charges) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution4.1.

Appears in 2 contracts

Samples: Deposit Agreement (Open Joint Stock Co Marganetsky Ore Mining & Processing Ente), Deposit Agreement (Ojsc Ordzhonikidzevsky Ore Mining & Processing Enterprise)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01., 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled entitled. thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution.in

Appears in 2 contracts

Samples: Deposit Agreement, Deposit Agreement (Public Joint Stock Co Southern Telecommunicat Co/Adr)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary or the Custodian shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may reasonably deem equitable and practicable for accomplishing such distribution; provided, however, that if in the reasonable opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company Issuer or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary reasonably deems such distribution not to be feasible, the Depositary may may, after Consultation with the Issuer, adopt such method as it may reasonably deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject case of a distribution received in cash; provided, however, that no distribution to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under Owners pursuant to this Section 4.02 that is sufficient to pay 4.2 shall be unreasonably delayed by any action or inaction of the Depositary or any of its fees and expenses in respect of that distributionagents.

Appears in 2 contracts

Samples: Deposit Agreement (Scor Holding (Switzerland) LTD), Deposit Agreement (Zurich Financial Services/ /Fi)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners of Receipts) the Depositary Depositary, after Consultation with the Company, deems such distribution not to be feasible, the Depositary may may, after Consultation with the Company, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 2 contracts

Samples: Deposit Agreement (Trintech Group PLC), Deposit Agreement (Trintech Group PLC)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may may, after consultation with the Company to the extent practical, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount withhold any distribution of securities or other property it would otherwise distribute under this Section 4.02 if it has not received satisfactory assurances from the Company that is sufficient to pay its fees and expenses in respect the distribution does not require registration under the Securities Act of that distribution1933.

Appears in 2 contracts

Samples: Deposit Agreement (GPC Biotech Ag), Deposit Agreement (GPC Biotech Ag)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 4.10, 5.07 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall shall, as promptly as practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary Depositary, after consultation with the Company, may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration under the Securities Act of 1933 in order to be distributed to Owners or Holderscharges) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject case of a distribution received in cash pursuant to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution4.01 hereof.

Appears in 2 contracts

Samples: Deposit Agreement (Vivendi), Deposit Agreement (Vivendi Universal)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 Section 4.12 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed promptly to the Owners Holders entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that that, if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners Holders entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company Issuer or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration that have been distributed must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holders) the Depositary Depositary, after consultation with the Issuer, deems such distribution not to be feasible, the Depositary may adopt adopt, with the Issuer's approval, which approval shall not be unreasonably withheld, such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the any securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners Holders entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 2 contracts

Samples: Deposit Agreement (Ryanair Holdings PLC), Deposit Agreement (Ryanair Holdings PLC)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary Depositary, after consultation with the Company, to the extent practicable, such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its it fees and expenses in respect of that distribution.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (China Hydroelectric Corp)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4 (including, for the avoidance of doubt, a distribution of any securities by the Issuer subject to a repurchase offer by the Issuer), the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary Depositary, after consultation with the Issuer, may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company Issuer or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Experian Group LTD)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 1 contract

Samples: Deposit Agreement (Sopheon PLC)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the reasonable opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) in the reasonable opinion of the Depositary deems such distribution is not to be feasible, the Depositary may may, after consultation with the Company to the extent practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount withhold any distribution of securities or other property it would otherwise distribute under this Section 4.02 if it has not received satisfactory assurances from the Company that is sufficient to pay its fees and expenses in respect the distribution does not require registration under the Securities Act of that distribution1933.

Appears in 1 contract

Samples: Deposit Agreement (Ternium S.A.)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.095.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.014.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration under the Securities Act of 1933 in order to be distributed to Owners or Holders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.014.1. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 4.2 that is sufficient to pay its fees and expenses in respect of that distribution.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration under the Securities Act of 1933 in order to be distributed to Owners or Holders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution.Section

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

AutoNDA by SimpleDocs

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall shall, as promptly as practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may reasonably deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary reasonably deems such distribution not to be feasible, the Depositary may may, after consultation with the Company to the extent practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, including but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided provided. in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, thereto all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell; provided, by public or private salehowever, an amount of securities or other property it would otherwise distribute under that no distribution to Owners pursuant to this Section 4.02 that is sufficient to pay shall be unreasonably delayed by any action of the Depositary or any of its fees and expenses in respect of that distributionagents.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 1 contract

Samples: Deposit Agreement (Veolia Environnement)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company Issuer or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the case of a distribution received in cash in the manner and subject to the conditions described set forth in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution4.1.

Appears in 1 contract

Samples: Deposit Agreement (Brisa-Auto-Estradas De Portugal S.A.)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after the deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company Issuer or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary Depositary, applicable taxes and other charges as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 1 contract

Samples: Deposit Agreement (Portugal Telecom SGPS Sa)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may may, after consultation with the Company to the extent practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount withhold any distribution of securities or other property it would otherwise distribute under this Section 4.02 if it has not received satisfactory assurances from the Company that is sufficient to pay its fees and expenses in respect the distribution does not require registration under the Securities Act of that distribution1933.

Appears in 1 contract

Samples: Deposit Agreement (Cycle & Carriage LTD /Fi)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall shall, as promptly as practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Global Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may reasonably deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary reasonably deems such distribution not to be feasible, the Depositary may may, after consultations with the Company to the extent practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject case of a distribution received in cash, provided, however, that no distribution to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under Owners pursuant to this Section 4.02 that is sufficient to pay shall be unreasonably delayed by any action of the Depositary or any of its fees and expenses in respect of that distributionagents.

Appears in 1 contract

Samples: Deposit Agreement (O a O Tatneft)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions described case of a distribution received in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distributioncash.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections Section 4.11 and 5.09Section 5.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.01Sections 4.1, 4.03 4.3 or 4.044.4, the Depositary shall shall, after Consultation with the Company, cause the securities or property received by it to be distributed as promptly as practicable to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may reasonably deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or Holdersholders) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method as it may reasonably deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject to the conditions case of a distribution received in cash as described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution4.1.

Appears in 1 contract

Samples: Deposit Agreement (Edgars Consolidated Stores LTD)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.095.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.014.1, 4.03 4.3 or 4.044.4, the Depositary shall shall, after Consultation with the Company, cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may adopt such method method, after Consultation with the Company, as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution4.1.

Appears in 1 contract

Samples: Deposit Agreement (Jiangxi Copper Co LTD)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.095.9, whenever the Depositary shall receive any distribution other than a distribution described in Section 4.014.1, 4.03 4.3 or 4.044.4, the Depositary shall cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary deems such distribution not to be feasible, the Depositary may (after consultation with the Company, where practicable) adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.095.9) shall be distributed by the Depositary to the Owners entitled thereto, all in the manner and subject to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under this Section 4.02 that is sufficient to pay its fees and expenses in respect of that distribution4.1.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Distributions Other Than Cash, Shares or Rights. Subject to the provisions of Sections 4.11 and 5.09, whenever the Depositary shall receive any distribution other than a distribution described in Section Sections 4.01, 4.03 or 4.04, the Depositary shall shall, as promptly as practicable, cause the securities or property received by it to be distributed to the Owners entitled thereto, after deduction or upon payment of any fees and expenses of the Depositary or any taxes or other governmental charges, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, in any manner that the Depositary may reasonably deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Depositary such distribution cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that the Company or the Depositary withhold an amount on account of taxes or other governmental charges or the failure of the Company to provide satisfactory assurance to the Depositary that such securities do not require registration must be registered under the Securities Act of 1933 in order to be distributed to Owners or HoldersBeneficial Owners) the Depositary reasonably deems such distribution not to be feasible, the Depositary may may, after consultations with the Company to the extent practicable, adopt such method as it may deem equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees and expenses of the Depositary as provided in Section 5.09) shall be distributed by the Depositary to the Owners entitled thereto, all thereto as in the manner and subject case of a distribution received in cash, provided, however, that no distribution to the conditions described in Section 4.01. The Depositary may sell, by public or private sale, an amount of securities or other property it would otherwise distribute under Owners pursuant to this Section 4.02 that is sufficient to pay shall be unreasonably delayed by any action of the Depositary or any of its fees and expenses in respect of that distributionagents.

Appears in 1 contract

Samples: Deposit Agreement (O a O Tatneft)

Time is Money Join Law Insider Premium to draft better contracts faster.