Common use of Fixing of Record Date Clause in Contracts

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 235 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (36Kr Holdings Inc.), Deposit Agreement (Bank of New York / Adr Division)

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Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 213 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Foresight Autonomous Holdings Ltd.)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which shall date shall, to the extent practicable, be either (x) the same asdate as the record date fixed by the Company, or as near as practicable to, any corresponding (y) if different from the record date set fixed by the Company, be fixed after consultation with the Company with respect to Shares, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of any other such matter. The Company agrees to provide the other matter Depositary with 10 days' prior notice of any meeting of shareholders or of the Board of Directors of the Company, the agenda for which includes authorization for the declaration of a dividend; provided, however, that record if the date was fixedfor any such meeting is fixed less than 10 days prior to such meeting or the Company does not know, 10 days prior to such meeting, that a dividend may be declared at any such meeting, then the Company shall give such notice to the Depositary as promptly as practicable after such date is fixed or the Company learns that a dividend may be responsible for that fee or charge, as the case may bedeclared.

Appears in 18 contracts

Samples: Deposit Agreement (Vivo Participacoes S.A.), Deposit Agreement (Tele Centro Oeste Celular Participacoes), Deposit Agreement (Tele Norte Leste Participacoes Sa)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 15 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Erytech Pharma S.A.), Deposit Agreement (Erytech Pharma)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes for any reason there occurs a change in the number or type of Shares Deposited Securities that are represented by each American Depositary Share, or whenever the Depositary otherwise shall receive notice of any meeting of, or solicitation of consents or proxies from, holders of Shares or other Deposited Securities or whenever the Company or the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record datedate (which, which to the extent practicable, shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (aand after consultation with the Company if such date is to be different from any such record date established by the Company in respect of the Shares) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, (ii) who shall be entitled or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee any such meeting or charge in respect of any such solicitation or (iv) for to receive information as to any other purpose for which the record date was setsuch meeting or solicitation, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number or type of Shares. Subject Deposited Securities, subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement. If the American Depositary Shares shall be listed on any stock exchange, the Owners on a then any such record date shall be fixed in accordance with any applicable rules of such stock exchange. The Depositary as promptly as practicable shall advise the Company and, if the American Depositary Shares shall be listed on any stock exchange, such stock exchange of any record date so fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may beDepositary.

Appears in 12 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (American Beverage Co Ambev), Deposit Agreement (American Beverage Co Ambev)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, date (which shall be the same as, or as near as practicable to, to any corresponding record date set by the Company with respect to Shares, Company) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 7 contracts

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, date (which shall be the same as, or as near as practicable to, any corresponding record date set by for the Company with respect to Shares, relevant Deposited Securities) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 6 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Sibanye Stillwater LTD)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, date which shall be the same asdate as the record date, if any, applicable to the deposited Shares, or as near close thereto as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 6 contracts

Samples: Deposit Agreement (Nippon Shokubai Co., Ltd.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to SharesCompany, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 6 contracts

Samples: Deposit Agreement (VimpelCom Ltd.), Deposit Agreement (VimpelCom Ltd.), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes for any reason there occurs a change in the number of Shares or type of Deposited Securities that are represented by each American Depositary Share, or whenever the Depositary otherwise shall receive notice of any meeting of, or solicitation of proxies or consents from, holders of Shares or other Deposited Securities, or whenever the Company or the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall fix a record datedate (which, which to the extent practicable, shall be the same as, or as near as practicable to, any corresponding record date set by the Company Issuer with respect to Shares, and, if different from any such record date established by the Issuer, shall be as soon thereafter as reasonably practicable) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meetingany such meeting or in respect of any such solicitation or to receive information as to any such meeting or solicitation, (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was setDepositary under this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number or type of SharesDeposited Securities. Subject to If the provisions American Depositary Shares are listed on any stock exchange, then any such record date shall be fixed in accordance with any applicable rules of Sections 4.1 through 4.5 and to that stock exchange. The Depositary shall, as promptly as practicable, notify the other terms and conditions Company and, if the American Depositary Shares are listed on any stock exchange, that stock exchange, of this Deposit Agreement, the Owners on a any record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may beunder this Section 4.6.

Appears in 5 contracts

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners Holders who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares or (c) for such other persons as the Depositary finds necessary or convenient, which date shall be the same date or as near as practicable to the corresponding record date fixed by the Company. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of any other such matter. The Depositary shall notify the other matter for which that applicable U.S. exchange of any action to fix a record date was fixed, or be responsible for that fee or charge, as the case may beADSs in the customary manner.

Appears in 5 contracts

Samples: Deposit Agreement (Chunghwa Telecom Co LTD), Deposit Agreement (Chunghwa Telecom Co LTD), Deposit Agreement (Chunghwa Telecom Co LTD)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that any fee or charge assessed by the Depositary pursuant to this Deposit Agreement or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 5 contracts

Samples: Deposit Agreement (Nabriva Therapeutics AG), Deposit Agreement (Summit Therapeutics PLC), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, the record date, if any corresponding record date set established by the Company with respect to SharesCompany, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 5 contracts

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same asdate, to the extent practicable, as the record date for the Deposited Securities or if different, as near close thereto as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares or (c) for any other matter. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 4 contracts

Samples: Deposit Agreement (GCL Silicon Technology Holdings Inc.), Deposit Agreement (GCL Silicon Technology Holdings Inc.), Deposit Agreement (GCL Silicon Technology Holdings Inc.)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which date shall be the same asdate as the record date fixed by the Company, if any, or as near close thereto as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares, or (c) for any other reason. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Usinas Siderurgicas De Minas Gerais Sa Usiminas /Fi), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or if the Depositary has the right to vote the Shares or other Deposited Securities represented by the American Depositary Shares, whenever the Depositary otherwise finds shall receive notice of any meeting of holders of Shares or other Deposited Securities or whenever the Depositary shall find it necessary or convenientnecessary, the Depositary shall fix a record date, which date shall to the extent practicable, be the same as, or as near as practicable to, any corresponding record date set fixed by the Company with respect to SharesCompany, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) for fixing the date on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 3 contracts

Samples: Deposit Agreement (Akbank T.A.S.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Citibank,N.A./ADR)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable practical to, any corresponding record date set by the Company with respect to SharesCompany, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 3 contracts

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, as or as near close as practicable to, any the corresponding record date set by for the Company with respect to Shares, Shares (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 3 contracts

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to SharesCompany, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was set, Depositary pursuant to this Deposit Agreement or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or chargesuch matter, as the case may be.

Appears in 3 contracts

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary shall receive notice of any meeting of holders of Shares or convenientother Deposited Securities, the Depositary shall fix a record date, which shall be after Consultation with the same as, or as near as practicable to, any corresponding Issuer if such record date set by is different from the Company with respect record date applicable to Shares, the Deposited Securities (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of the any other matter for which that such matter. Any such record date was fixedfixed by the Depositary will, or to the extent practicable, be responsible for that fee or charge, the same as the case may berecord date fixed by the Issuer with respect to such dividend, distribution or meeting.

Appears in 3 contracts

Samples: Deposit Agreement (Smith & Nephew PLC), Deposit Agreement (Smith & Nephew PLC), Deposit Agreement (Smith & Nephew Group PLC)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.44.04) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.74.07, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 3 contracts

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which shall date shall, to the extent practicable, be either (x) the same asdate as the record date fixed by the Company, or as near as practicable to, any corresponding (y) if different from the record date set fixed by the Company, be fixed after consultation with the Company with respect to Shares, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of any other such matter. The Company agrees to provide the other matter Depositary with 10 days’ prior notice of any meeting of shareholders or of the Board of Directors of the Company, the agenda for which includes authorization for the declaration of a dividend; provided, however, that record if the date was fixedfor any such meeting is fixed less than 10 days prior to such meeting or the Company does not know, 10 days prior to such meeting, that a dividend may be declared at any such meeting, then the Company shall give such notice to the Depositary as promptly as practicable after such date is fixed or the Company learns that a dividend may be responsible for that fee or charge, as the case may bedeclared.

Appears in 3 contracts

Samples: Deposit Agreement (Telemar Participacoes S.A.), Deposit Agreement (Telemar Participacoes S.A.), Deposit Agreement (Contax Holding CO)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, as provided in this Deposit Agreement, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Kitov Pharmaceuticals Holdings Ltd.), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares Units or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Units or Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares Units that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Units or Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of SharesUnits. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 3 contracts

Samples: Deposit Agreement (Getnet Adquirencia E Servicos Para Meios De Pagamento S.A.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, date (which shall be the same as, or as near as practicable to, any corresponding record date set for Shares by the Company with respect to Shares, Company) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 3 contracts

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares Units or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares Units will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares Units that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to SharesUnits, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of SharesUnits. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 2 contracts

Samples: Deposit Agreement (Energy Co of Parana), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a cash dividendrecord date by the Company or the CPO Trustee for the determination of holders of CPOs, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to Securities, whenever any cash dividend or exercised other cash distribution shall become payable or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a any distribution or issuance of that kind will other than cash shall be made, or whenever rights shall be issued, with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares CPOs that are represented by each American Depositary Share, or whenever the Depositary otherwise shall receive notice of any meeting of holders of CPOs, Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenient, the Depositary shall shall, after consultation with the Company, fix a record date, which shall date shall, to the extent practicable, be the same as, or as near as practicable to, any corresponding the record date set fixed by the Company with respect to Shares, (a) or Indeval for the determination of the Owners who shall be (a) entitled (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was setto receive American Depositary Shares representing such changed number of CPOs, or (b) on responsible for any fee or after which each American charges assessed by the Depositary Share will represent the changed number of Sharespursuant to this Deposit Agreement. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.04 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them them, respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 2 contracts

Samples: Deposit Agreement (Carso Global Telecom /Fi), Deposit Agreement (Grupo Carso Sa De Cv /Fi)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary ShareShare is changed, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to SharesShares and shall not, without consultation with the Company, announce the establishment of any corresponding record date set by the Company with respect to Shares prior to the relevant corporate action (if such corporate action affects the Deposited Securities) or prior to the record date for the applicable Deposited Securities having been set by the Company, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 2 contracts

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

Fixing of Record Date. Whenever the Depositary shall receive notice from the Company of the fixing of a record date by the Company for the determination of holders of Deposited Securities entitled to receive any cash dividend, dividend or other cash distribution or any distribution other distribution is made on Deposited Securities than cash, or any rights to purchase Shares or other securities are be issued with respect to the Deposited Securities (which rights will be delivered to Securities, or exercised whenever any cash dividend or sold on behalf of Owners in accordance with Section 4.4) other cash distribution shall become payable or the Depositary receives notice that a any distribution or issuance of that kind will other than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of H Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary shall receive notice of any meeting of Beneficial Owners of H Shares or convenientother Deposited Securities, the Depositary shall fix a record date, date (which date shall be the same as, or as near close as reasonably practicable to, any corresponding to the record date set fixed by the Company with respect to Shares, Company) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of H Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them them, respectively, and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 2 contracts

Samples: Deposit Agreement (Huaneng Power International Inc), Deposit Agreement (Huaneng Power International Inc)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, Deposited Securities or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall receive notice of any meeting of holders of Shares or other Deposited Securities or wherever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be (x) the same asdate as the corresponding record date, if any, fixed by the Company with respect to Shares, to the extent practicable, or (y) as near as practicable toto the corresponding record date, any if any, fixed by the Company with respect to Shares, or (z) if more than five (5) days after a corresponding record date set by the Company with respect to Shares, fixed with reasonably timely notice to the Company (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in in, or to exercise the rights of Owners hereunder with respect to such changed number of Shares represented by each American Depositary Shares, proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Telkom Sa LTD)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenientshall, after consultation with the Depositary shall Company, to the extent practicable, fix a record date, date (which shall be the same date as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, Company) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. The Depositary shall notify the Company as promptly as practicable if it fixes a record date that is different from the record date fixed by the Company. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Articles of Association, and the provisions of, or governing, the Deposited Securities and applicable law, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 2 contracts

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, as provided in this Agreement, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 2 contracts

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares or other assets. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (InnoLight Technology Corp)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of SharesShares and the Depositary shall not announce, without the Company’s consent, the establishment of any record date prior to the relevant corporate action having been made public by the Company. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 2 contracts

Samples: Deposit Agreement (Wisekey International Holding S.A.), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights (including Share subscription warrants (bons de souscription d’actions) issued by the Company in lieu of rights) to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 2 contracts

Samples: Deposit Agreement (Genfit S.A.), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, date which shall be the same asdate as the record date, or as near as practicable toif any, any corresponding record date set fixed by the Company with respect to Sharesthe Deposited Securities, or as close thereto as practicable (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary under this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares evidenced by Receipts held by them respectively, respectively and to give voting instructions or instructions, to exercise the rights of Owners hereunder with respect to such changed number of Shares and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 1 contract

Samples: Deposit Agreement (It Holding S P a /Fi)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.44.04) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.74.07, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 ‎4.01 through 4.5 ‎4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

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Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which record date shall be the same as, or as near as practicable to, to any corresponding record date set by the Company with respect to SharesCompany, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 1 contract

Samples: Deposit Agreement (Nighthawk Energy PLC)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.. ​ ​ ​

Appears in 1 contract

Samples: Deposit Agreement (Cloopen Group Holding LTD)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.. Table of Contents

Appears in 1 contract

Samples: Deposit Agreement (First High-School Education Group Co., Ltd.)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the OwnersOwners under item 8 or 9 of Section 5.9, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, date (which shall be the same as, or as near as practicable to, to any corresponding record date set by the Company with respect to Shares, Company) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 1 contract

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall shall, after consultation with the Company to the extent practicable, fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a cash dividend, cash distribution or any other distribution is made on record date by the Company for the determination of holders of Deposited Securities or rights entitled to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be madereceive any distribution, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary ShareADS, or whenever the Depositary otherwise finds shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter (including setting the record date for Holders responsible for any fees and/or charges assessed by the Depositary pursuant to the Deposit Agreement), the Depositary shall shall, after consultation with the Company, fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a“ADS Record Date”) for the determination of the Owners (i) Holders of ADSs who shall be entitled to receive the benefit of that such dividend or other distribution or those rightsdistribution, (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge to give or (iv) for any other purpose for which the record date was setwithhold such consent, or (b) on to receive such notice or after which each American Depositary Share will represent solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of SharesShares represented by each ADS or for determining those Holders responsible for any fees and/or charges assessed by the Depositary pursuant to the Deposit Agreement. Subject to applicable law and the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Receipt and the Deposit Agreement, only the Owners Holders of ADSs at the close of business on a record date fixed by the Depositary such ADS Record Date shall be entitled to receive the amount distributable by the Depositary with respect to that dividend such divided or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectivelydistribution, to give such voting instructions instructions, to receive such notice or to act in respect of the other matter for which that record date was fixedsolicitation, or be responsible for that fee or charge, as the case may beotherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Citibank,N.A./ADR)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge assessed by the Depositary pursuant to this Deposit Agreement or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record datedate which, which if practicable, shall be the same asrecord date, or as near as practicable toif any, any corresponding record date set established by the Company with respect to Sharesfor such purposes or, if different, as close thereto as practicable (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which charges assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of any other such matter. The Depositary shall use reasonable efforts to make and maintain arrangements enabling Owners who are citizens or residents of the United States to receive any tax credits or other matter for which that record date was fixed, benefits (pursuant to treaty or be responsible for that fee or charge, as otherwise) relating to dividend payments on the case may beAmerican Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Telekom Austria Ag)

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which shall date shall, to the extent practicable, be either (x) the same asdate as the record date fixed by the Company, or as near as practicable to, any corresponding (y) if different from the record date set fixed by the Company, be fixed after consultation with the Company with respect to Shares, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of any other such matter. The Company agrees to provide the other matter Depositary with 10 days’ prior notice of any meeting of shareholders or of the Board of Directors of the Company, the agenda for which includes authorization for the declaration of a dividend; provided, however, that record if the date was fixedfor any such meeting is fixed less than 10 days prior to such meeting or the Company does not know, 10 days prior to such meeting, that a dividend may be declared at any such meeting, then the Company shall give such notice to the Depositary as promptly as practicable after such date is fixed or the Company learns that a dividend may be responsible for that fee or charge, as the case may be.declared. Table of Contents

Appears in 1 contract

Samples: Deposit Agreement (Vivo Participacoes S.A.)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares Warrants or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares Warrants will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares Warrants that are represented by each American Depositary ShareWarrant, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix fix, and as promptly as practicable notify the Company of, a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to SharesWarrants, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share Warrant will represent the changed number of SharesWarrants. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares Warrants held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, date (which shall be the same as, or as near as practicable to, to any corresponding record date set by the Company with respect to Shares, Company) (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 1 contract

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary receives shall receive notice that a of any meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7or other Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall find it necessary or convenient, the Depositary shall fix a record date, which date shall be the same as, or as near as practicable to, any corresponding to the record date set by the Company with respect to SharesCompany, if any, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rightsrights or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that any fee or charge or (iv) for any other purpose for which assessed by the record date was setDepositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of the any other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may besuch matter.

Appears in 1 contract

Samples: Deposit Agreement (Windflow Technology LTD)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will Table of Contents be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

Samples: Deposit Agreement (Earlyworks Co., Ltd.)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares Units or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Units or Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares Units that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Units or Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of SharesUnits. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company or the CPO Trustee for the determination of holders of Shares, CPOs or other Deposited Securities, whenever any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued, with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares SharesCPOs that are represented by each American Depositary Share, or whenever the Depositary otherwise shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenient, the Depositary shall shall, after consultation with the Company, fix a record date, which shall date shall, to the extent practicable, be the same as, or as near as practicable to, any corresponding the record date set fixed by the Company with respect to SharesCompany, (a) the CPO Trustee or Indeval for the determination of the Owners who shall be (a) entitled (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, any such meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was setto receive American Depositary Shares representing such changed number of SharesCPOs, or (b) on responsible for any fee or after which each American charges assessed by the Depositary Share will represent the changed number of Sharespursuant to this Deposit Agreement. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.04 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them them, respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights (including through the attribution of share warrants (bons de souscription d’actions) issued by the Company in lieu of rights) to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a any cash dividend, dividend or other cash distribution shall become payable or any distribution other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will than cash shall be made, or whenever rights shall be issued with respect to the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7Deposited Securities, or whenever the Depositary will assess a fee or charge against the Owners, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary shall find it necessary or convenient, the Depositary shall fix a record date, which shall date shall, to the extent practicable, be either (x) the same asdate as the record date fixed by the Company, or as near as practicable to, any corresponding (y) if different from the record date set fixed by the Company, be fixed after consultation with the Company with respect to Shares, (a) for the determination of the Owners who shall be (i) who shall be entitled to receive the benefit of that dividend or other such dividend, distribution or those rights, rights or the net proceeds of the sale thereof or (ii) who shall be entitled to give instructions for the exercise of voting rights at that any such meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 4.01 through 4.5 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on a such record date fixed by the Depositary shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, respectively and to give voting instructions or and to act in respect of any other such matter. The Company agrees to provide the other matter Depositary with 10 days'’ prior notice of any meeting of shareholders or of the Board of Directors of the Company, the agenda for which includes authorization for the declaration of a dividend; provided, however, that record if the date was fixedfor any such meeting is fixed less than 10 days prior to such meeting or the Company does not know, 10 days prior to such meeting, that a dividend may be declared at any such meeting, then the Company shall give such notice to the Depositary as promptly as practicable after such date is fixed or the Company learns that a dividend may be responsible for that fee or charge, as the case may bedeclared.

Appears in 1 contract

Samples: Deposit Agreement (Embratel Participacoes Sa)

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, as provided in this Deposit Agreement, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares Units or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Units or Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares Units that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Units or Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of SharesUnits. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that such dividend or other distribution or those such rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, as provided in this Agreement, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to subscribe for or purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, meeting or (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

Fixing of Record Date. Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to subscribe for or purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

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

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