Common use of Notice of Dividends; Fixing of Record Date for Holders of Receipts Clause in Contracts

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock are entitled to vote or of which holders of such Convertible Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred Stock) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 9 contracts

Samples: Deposit Agreement (Citigroup Inc), Deposit Agreement (Citigroup Inc), Deposit Agreement (Citigroup Inc)

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Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever (i) any cash dividend or other cash distribution shall become payable, or any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred Stock, or whenever (ii) the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock are entitled to vote or of which holders of such Convertible Preferred Stock are entitled to notice notice, or (iiiii) of any mandatory conversion of, or any election on the part of the Company to redeem call for the redemption or exchange of, any shares of such Convertible Preferred Stock, in accordance with the provisions of the applicable Certificate of Designation or otherwise, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred Stock) for the determination of the holders of Receipts (x) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, or (y) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemedof such conversion, exchange or redemption.

Appears in 4 contracts

Samples: Deposit Agreement (Amylin Pharmaceuticals Inc), Deposit Agreement (Maxim Pharmaceuticals Inc), Deposit Agreement (Vicuron Pharmaceuticals Inc)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockShares, or whenever the Depositary shall receive written notice of (i) any meeting at which holders of such Convertible Preferred Stock Shares are entitled to vote or of which holders of such Convertible Preferred Stock Shares are entitled to notice or (ii) any election on the part of the Company Bank to redeem any shares of such Convertible Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company Bank with respect to the Convertible Preferred StockShares) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 4 contracts

Samples: Deposit Agreement (Merrill Lynch & Co Inc), Deposit Agreement (Merrill Lynch & Co Inc), Deposit Agreement (Bank of America Corp /De/)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockShares, or whenever the Depositary shall receive written notice of (i) any meeting at which holders of such Convertible Preferred Stock Shares are entitled to vote or of which holders of such Convertible Preferred Stock Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockShares) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose the determination of which Depositary Shares are to be so redeemed.

Appears in 3 contracts

Samples: Deposit Agreement (Weingarten Realty Investors /Tx/), Deposit Agreement (Weingarten Realty Investors /Tx/), Deposit Agreement (Weingarten Realty Investors /Tx/)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Class N Preferred Stock, or whenever the Depositary shall receive written notice of (i) any meeting at which holders of such Convertible Class N Preferred Stock are entitled to vote or of which holders of such Convertible Class N Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Class N Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Class N Preferred Stock) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting meeting, or who should be entitled to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 2 contracts

Samples: Deposit Agreement (Kimco Realty Corp), Deposit Agreement (Kimco Realty Corp)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Series D Preferred StockShares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Series D Preferred Stock Shares are entitled to vote or of which holders of such Convertible Series D Preferred Stock Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Series D Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Series D Preferred StockShares) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 2 contracts

Samples: Deposit Agreement (Highwoods Forsyth L P), Deposit Agreement (Highwoods Properties Inc)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Class E Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Class E Preferred Stock are entitled to vote or of which holders of such Convertible Class E Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Class E Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Class E Preferred Stock) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 2 contracts

Samples: Deposit Agreement (Kimco Realty Corp), Purchase Agreement (Price Reit Inc)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever (a) any cash dividend or other cash distribution shall become payable, payable or any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred Stock, or whenever (b) the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock are entitled to vote or of which holders of such Convertible Preferred Stock are entitled to notice or (ii) of any election on the part of the Company to redeem any shares of such Convertible Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible tithe Preferred Stock) for the determination of the holders Record Holders of Receipts (x) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, or (y) who shall be entitled to give instructions for the exercise of voting rights at any such meeting meeting, or who shall be entitled to receive notice of such meeting meeting, or (z) whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Sensormatic Electronics Corp)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockSeries A Preference Shares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Series A Preference Shares are entitled to vote or of which holders of such Convertible Preferred Stock Series A Preference Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Preferred StockSeries A Preference Shares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockSeries A Preference Shares) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Athene Holding LTD)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockShares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Shares are entitled to vote or of which holders of such Convertible Preferred Stock Shares are entitled to notice or notice, (ii) any election on the part of the Company to redeem any shares such Preferred Shares or (iii) the occurrence of such Convertible Preferred Stockany Going Private Transaction, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockShares) for the determination of the holders of Receipts who shall be entitled to receive such notices, dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose the determination of which Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Associated Estates Realty Corp)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible shares of Class D Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders Holders of such Convertible shares of Class D Preferred Stock are entitled to vote or of which holders Holders of such Convertible shares of Class D Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any such shares of such Convertible Class D Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible shares of Class D Preferred Stock) for the determination of the holders Holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Kimco Realty Corp)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Series UU Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Series UU Preferred Stock are entitled to vote or of which holders of such Convertible Series UU Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Series UU Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Series UU Preferred Stock) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Telephone & Data Systems Inc /De/)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockShares, or whenever the Depositary shall receive written notice of (ia) any meeting at which holders of such Convertible Preferred Stock Shares are entitled to vote or of which holders of such Convertible Preferred Stock Shares are entitled to notice or (iib) any election on the part of the Company to redeem any shares of such Convertible Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockShares) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose the determination of which Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Ace LTD)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, offered with respect to the deposited Convertible Preferred Stock or Excess Stock issued upon conversion of deposited Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock or such Excess Stock are entitled to vote or of which holders of such Convertible Preferred Stock or such Excess Stock are entitled to notice or (ii) any election on the part of the Company to redeem any such shares of such Convertible Preferred Stock or Excess Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred Stock or Excess Stock, as the case may be) for the determination of the holders of Receipts who shall be entitled (x) to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, or (y) to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemedredemption.

Appears in 1 contract

Samples: Deposit Agreement (Meditrust Corp)

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Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockSeries D Preference Shares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Series D Preference Shares are entitled to vote or of which holders of such Convertible Preferred Stock Series D Preference Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Preferred StockSeries D Preference Shares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockSeries D Preference Shares) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Athene Holding LTD)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever (i) any cash dividend or other cash distribution shall become payable, or any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockShares, or whenever (ii) the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Shares are entitled to vote or of which holders of such Convertible Preferred Stock Shares are entitled to notice or (ii) of the mandatory conversion of, or any election on the part of the Company to redeem call for the redemption of, any shares of such Convertible Preferred StockShares, the Depositary Company shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockShares) for the determination of the holders of Receipts (x) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, or (y) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose of such conversion or redemption. The Company shall advise the Depositary Shares are to be so redeemedof all such record dates.

Appears in 1 contract

Samples: Deposit Agreement (Scottish Annuity & Life Holdings LTD)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Series A Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Series A Preferred Stock are entitled to vote or of which holders of such Convertible Series A Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Series A Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Series A Preferred Stock) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Cadiz Inc)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever (i) any cash dividend or other cash distribution shall become payable, or any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockPreference Shares, or whenever (ii) the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Preference Shares are entitled to vote or of which holders of such Convertible Preferred Stock Preference Shares are entitled to notice or (ii) of the mandatory conversion of, or any election on the part of the Company to redeem call for the redemption of, any shares of such Convertible Preferred StockPreference Shares, the Depositary Company shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockPreference Shares) for the determination of the holders of Receipts (x) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, or (y) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose of such conversion or redemption. The Company shall advise the Depositary Shares are to be so redeemedof all such record dates.

Appears in 1 contract

Samples: Deposit Agreement (MRH Capital Trust I)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, in each case, with respect to the deposited Convertible Series A Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Series A Preferred Stock are entitled to vote or of which holders of such Convertible Series A Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Series A Preferred Stock, the Depositary shall shall, in each such instance instance, fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Series A Preferred Stock) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Green Brick Partners, Inc.)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockSeries B Preference Shares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Series B Preference Shares are entitled to vote or of which holders of such Convertible Preferred Stock Series B Preference Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Preferred StockSeries B Preference Shares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockSeries B Preference Shares) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Athene Holding LTD)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Series VV Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Series VV Preferred Stock are entitled to vote or of which holders of such Convertible Series VV Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Series VV Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Series VV Preferred Stock) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Telephone & Data Systems Inc /De/)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockSeries E Preference Shares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Series E Preference Shares are entitled to vote or of which holders of such Convertible Preferred Stock Series E Preference Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Preferred StockSeries E Preference Shares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockSeries E Preference Shares) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Athene Holding LTD)

Notice of Dividends; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Convertible Preferred StockSeries C Preference Shares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Convertible Preferred Stock Series C Preference Shares are entitled to vote or of which holders of such Convertible Preferred Stock Series C Preference Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Convertible Preferred StockSeries C Preference Shares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred StockSeries C Preference Shares) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Athene Holding LTD)

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