Fungibility Sample Clauses

Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement and except as required by applicable law, the Restricted ADR and the Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not “Restricted ADRs” and “Restricted ADSs”, respectively, on terms not less favorable than those afforded to such ADSs and ADRs. Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADRs on terms more favorable than those accorded to Holders of ADRs under the Deposit Agreement.

Fungibility. The parties agree that PDSC is contracting for the provision of legal representation by Contractor, as measured by value, and that the estimated workload, by case type, is the parties' expectation as to the distribution of the cases which may be available during the contract period. The parties expressly agree that Contractor may substitute one type of case for another, for the purposes of contract performance, with cases being fungible, except as specifically provided to the contrary in this contract.

Fungibility. The parties agree that SCA is contracting for the provision of legal representation by Contractor, as measured by [cases/hours/credits/value], and that the estimated workload, by case type, is the parties' expectation as to the distribution of the cases which may be available during the contract period. The parties expressly agree that Contractor may substitute one type of case for another, for the purposes of contract performance, with [cases/hours/ credits/value] being fungible, except as specifically provided to the contrary in this contract.

Fungibility. Securities held by Custodian hereunder, directly or indirectly through a Securities Depository, may be treated as fungible with other identical securities of the same issue pursuant to the provisions of the Uniform Commercial Code of the State of New York (or other applicable laws).

Fungibility. The Client agrees that all Securities held by the Custodian directly, or indirectly through any Subcustodian or Securities Depository, shall be subject to the provisions of the Belgian Royal Decree No. 62 of November 10, 1967, as amended. In accordance with the Royal Decree, all Securities of any issue shall be treated as fungible with all other securities of the same issue held by the Custodian directly, or indirectly through any Subcustodian or Securities Depository. Therefore, the Client shall have no right to any specific securities of an issue but shall instead be entitled, subject to applicable laws and regulations and to the terms of this Agreement, to transfer, deliver or repossess from the Custodian an amount of securities of such issue that is equivalent to the amount of such securities credited to a Securities Account, without regard to the certificate numbers (or other identifying information) of the securities originally deposited, and the Custodian's obligation to the Client with respect to such Securities shall be limited to effecting such transfer, delivery or repossession.

Fungibility. (a) Unless the Customer stipulates that the Custody Property are to be held under individual safe custody and bears the charges for this Service, the Customer agrees that the Custody Property held by the Bank directly or indirectly through any nominee, agent, sub-custodian, representative, correspondent or depository, in or outside Hong Kong, shall be treated as fungible with all other securities of the same issue which means, subject to any Agreement, that the Customer shall have no right to any specific Custody Property but shall instead be entitled to transfer, deliver or repossess from the Bank an amount of Custody Property of any issue that is equivalent to the amount of such Custody Property credited to its Safe Custody Account, without regard to the certificate numbers of any Custody Property certificates, so long as the Custody Property returned are of the same class, denomination and nominal amount and rank pari passu with those accepted, subject always to any capital reorganization or share exchange or other relevant corporate event which may have occurred. This shall not apply to Custody Property registered in the name of the Customer, or to any Custody Property which for other reasons must be kept separately in safe custody. The Bank may, where permitted under applicable laws, co-mingle the Custody Property so deposited by the Customer with other assets owned by the Bank or other parties. (b) The Bank shall be entitled at its discretion to make such arrangements as it thinks fit for the purposes of keeping the Custody Property in safe custody. The Customer acknowledges and agrees that the Custody Property may be pooled with assets belonging to the Bank’s other customers, such that they may not be separately identifiable, by means of separate certificates or physical documents or equivalent electronic records, as belonging to or attributable to the Customer. In this event: (i) the Bank shall be entitled to treat the Custody Property as fungible, or at any time allocate specific Custody Property to the Customer, and such treatment or allocation shall be binding on the Customer if for any reason whatsoever (other than by reason of the Bank’s own gross negligence, wilful misconduct or fraud) all or any part of the Custody Property deposited or lodged with the Bank or its Nominee and treated as fungible are lost or otherwise become unavailable for delivery. In the event of an irreconcilable shortfall after the default of the Bank, its Nominee or the...

Fungibility. The parties hereto intend to treat all of the Term B Loans (including the Term B Loans funded pursuant to the Additional Term B Loan Commitment and the Term B Loans converted from Initial Term Loans) as fungible for U.S. federal income tax purposes.

Fungibility. Except as contemplated in this Restricted ADS Letter Agreement and the applicable RADS Series Supplement and except as required by applicable law, the Restricted ADSs shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADSs issued and outstanding under the terms of the Deposit Agreement that are not Restricted ADSs. Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADSs on terms more favorable than those accorded to Holders of freely transferable, unrestricted ADSs, including, without limitation, Unrestricted ADSs, under the Deposit Agreement.

Fungibility. Each of the parties intend to treat the 2023 Refinancing-Incremental Term Loans as a single fungible tranche for U.S. federal income tax purposes.