Common use of Issuance of ADRs Clause in Contracts

Issuance of ADRs. This ADR is one of the ADRs issued under the Deposit Agreement. Subject to paragraph (4), the Depositary may so issue ADRs for delivery at the Transfer Office (defined in paragraph (3)) only (a) against deposit with the Custodian of Shares in form satisfactory to the Custodian or rights to receive Shares from the Company or any registrar, transfer agent, clearing agent or other entity recording Share ownership or transactions or,(b) unless requested in writing by the Company to cease doing so, subject to two days advance notice, other rights to receive Shares (until such Shares are actually deposited pursuant to (a) above, "Pre-released ADRs") only if (i) Pre-released ADRs are fully collateralized (marked to market daily) with cash or U.S. government securities held by the Depositary for the benefit of Holders (but such collateral shall not constitute Deposited Securities), (ii) each recipient of Pre-released ADRs agrees in writing with the Depositary that such recipient (a) owns such Shares, (b) assigns all beneficial right, title and interest therein to the Depositary, (c) holds such Shares for the account of the Depositary and (d) will deliver such Shares to the Custodian as soon as practicable and promptly upon demand therefor and

Appears in 2 contracts

Samples: Deposit Agreement (Watchdata Technologies Ltd.), Deposit Agreement (Watchdata Technologies Ltd.)

AutoNDA by SimpleDocs

Issuance of ADRs. This ADR is one of the ADRs issued under the Deposit Agreement. Subject to paragraph (4), the Depositary may so issue ADRs for delivery at the Transfer Office (defined in paragraph (3)) only (a) against deposit with the Custodian of of: (a) Shares in form satisfactory to the Custodian or Custodian; (b) rights to receive Shares from the Company or any registrar, transfer agent, clearing agent or other entity recording Share ownership or transactions or,(btransactions; or, (c) unless requested in writing by the Company to cease doing so, subject to so at least two business days in advance noticeof the proposed deposit, other rights to receive Shares (until such Shares are actually deposited pursuant to (a) or (b) above, "Pre-released ADRs") only if (i) Pre-released ADRs are at all times fully collateralized (marked to market daily) with cash or U.S. government securities held by the Depositary for the benefit of Holders and beneficial owners of ADSs (but such collateral shall not constitute "Deposited Securities"), (ii) each recipient of Pre-released ADRs agrees in writing with the Depositary that such recipient (a) owns such Shares, (b) assigns all beneficial right, title and interest therein to the Depositary, (c) holds such Shares for the account of the Depositary and (d) will deliver such Shares to the Custodian as soon as practicable and promptly upon demand therefor and,

Appears in 1 contract

Samples: Deposit Agreement (Distribution & Service D&s Sa)

AutoNDA by SimpleDocs

Issuance of ADRs. This ADR is one of the ADRs issued under the Deposit Agreement. Subject to paragraph (4), the Depositary may so issue ADRs for delivery at the Transfer Office (defined in paragraph (3)) only (a) against deposit with the Custodian of of: (a) Shares in form satisfactory to the Custodian or Custodian; (b) rights to receive Shares from the Company or any registrar, transfer agent, clearing agent or other entity recording Share ownership or transactions or,(bon behalf of the Company, or, (c) unless requested in writing by the Company to cease doing so, subject to two days advance notice, other rights to receive Shares (until such Shares are actually deposited pursuant to (a) or (b) above, "Pre-released ADRs") only if (i) Pre-released ADRs are fully collateralized (marked to market daily) with cash or U.S. government securities held by the Depositary for the benefit of Holders (but such collateral shall not constitute "Deposited Securities"), (ii) each recipient of Pre-released ADRs agrees in writing with the Depositary that such recipient (a) owns such Shares, (b) assigns all beneficial right, title and interest therein to the Depositary, (c) holds such Shares for the account of the Depositary and (d) will deliver such Shares to the Custodian as soon as practicable and promptly upon demand therefor and

Appears in 1 contract

Samples: Deposit Agreement (Ninetowns Digital World Trade Holdings LTD)

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