Common use of SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES Clause in Contracts

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 81 contracts

Samples: Deposit Agreement (Nova Minerals LTD), Deposit Agreement (Grupo Aeromexico, S.A.B. De C.V.), Deposit Agreement

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SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that That delivery will be made made, at the office of the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 12 contracts

Samples: Deposit Agreement (Paringa Resources LTD), Deposit Agreement (Paringa Resources LTD), Deposit Agreement (Mizuho Financial Group Inc)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 6 contracts

Samples: Deposit Agreement (Sohu.com LTD), Deposit Agreement (Pepper Food Service Co., Ltd.), Deposit Agreement (X Financial)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 5 contracts

Samples: Deposit Agreement (XCHG LTD), Deposit Agreement (RanMarine Technology B.V.), Deposit Agreement (RanMarine Technology B.V.)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Principal Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the this Deposit Agreement, the Owner Holder of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerinstructed, of the amount number of Deposited Securities at the time represented by those American Depositary Shares. Such delivery shall be made, but not any money as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purposes may be required by the Depositary to be properly endorsed in blank or other property as accompanied by proper instruments of transfer in blank. The Depositary may require the surrendering Holder to which execute and deliver to the Depositary a record date for distribution written order directing the Depositary to Owners has passed (since money or other property of that kind will cause the Deposited Securities being withdrawn to be delivered to or paid on upon the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery written order of a fraction of a Deposited Securityperson or persons designated in such order. The Thereupon the Depositary shall direct the Custodian to deliver at the office of such Custodian, subject to Sections 2.6, 3.1 and 3.2 and to the other terms and conditions of this Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the number of Deposited Securities represented by the surrendered American Depositary Shares, except that the Depositary may make delivery to such person or persons at the Principal Office of the Depositary of any dividends or distributions with respect to delivery of the Deposited Securities represented by those American Depositary Shares, or of any proceeds of sale of any dividends, distributions or rights, which may at the time be held by the Depositary. At the request, risk and may charge expense of any Holder so surrendering a Receipt, and for the surrendering Owner account of such Holder, the Depositary shall direct the Custodian to forward a fee certificate or certificates and its expenses other proper documents of title for giving that direction by cable (including SWIFT) or facsimile transmission. If the Deposited Securities are delivered physically upon surrender of American represented by such Receipt to the Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except thatPrincipal Office of the Depositary. Such direction shall be given by letter or, at the request, risk and expense of the surrendering Ownersuch Holder, and for the account of that Ownerby cable, telex or facsimile transmission. Neither the Depositary shall direct nor the Custodian shall deliver Shares, by physical delivery, book-entry transfer or otherwise (other than to forward any cash the Company or other property comprisingits agent as contemplated by Section 4.9), and forward a certificate or certificatesotherwise permit Shares to be withdrawn from the facility created hereby, if applicable, and other proper documents except upon the surrender of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Ownerconnection with a sale permitted under Section 3.2, 4.4, 4.13 or 6.2.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (CRH Public LTD Co), Deposit Agreement (CRH Public LTD Co)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Fresenius Medical Care AG & Co. KGaA), Deposit Agreement (Bank of New York / Adr Division)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Securitypassed. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondoing so. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that That delivery will be made made, at the office of the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 3 contracts

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

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondoing so. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that That delivery will be made made, at the office of the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

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)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), ) and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 2 contracts

Samples: Deposit Agreement (Silence Therapeutics PLC), Deposit Agreement (Silence Therapeutics PLC)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for doing so for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that That delivery will be made made, at the office of the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 2 contracts

Samples: Deposit Agreement (Sea LTD), Deposit Agreement (Sea LTD)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary has been advised that, as of the date of the Deposit Agreement, under FEFTA, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares must obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may take up to 30 days to respond to applications for that pre-clearance. Accordingly, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares should apply or advise the persons to whom they intend to direct delivery of Shares to apply for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained.

Appears in 2 contracts

Samples: Deposit Agreement (Warrantee Inc.), Deposit Agreement (Lead Real Estate Co., LTD)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary has been advised that, as of the date of the Deposit Agreement, under FEFTA, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares must obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may take up to 30 days to respond to applications for that pre-clearance. Accordingly, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares should apply or advise the persons to whom they intend to direct delivery of Shares to apply for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained.

Appears in 2 contracts

Samples: Deposit Agreement (Pixie Dust Technologies, Inc.), Deposit Agreement (Pixie Dust Technologies, Inc.)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. The Company has advised the Depositary that the laws of Kazakhstan, as of the date of the Deposit Agreement, impose the Equity Conditions for the Ownership of the Shares. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 2 contracts

Samples: Deposit Agreement (Joint Stock Co Kaspi.kz), Deposit Agreement (Bank of New York / Adr Division)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. Neither the Depositary nor the Custodian shall deliver Shares (other than to the Company or its agent as contemplated by Section 4.8 of the Deposit Agreement), or otherwise permit Shares to be withdrawn from the facility created thereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.2, 4.3, 4.11, or 6.2 of the Deposit Agreement.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Vitru Brazil Ventures, Holdings & Trade Inc.)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

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

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically (to the extent permitted by law) upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

Samples: Deposit Agreement (MDxHealth SA)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the this Deposit Agreement, the By-laws and the terms of the Deposited Securities, the Owner of those such American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerupon his order, of the amount of Deposited Securities at the time represented by those the American Depositary Shares; subject to delivery if required by applicable Colombian law, in the case of a non-resident of Colombia, of a written notice specifying that either (i) such Shares have been or will be sold in Colombia simultaneously with such withdrawal or (ii) such Shares will be held by such Owner or Beneficial Owner, or to its order, without sale, in which case such Owner or Beneficial Owner must acknowledge its obligations to register its investment under the Foreign Investment Law, if applicable, and to make a foreign exchange report to the governmental authority or body in Colombia, if any, which is then performing the function of the regulation of currency exchange, if applicable, as described in the following paragraph or take such other steps as may be required from time to time under applicable Colombian law. Such non-resident withdrawing Owner or Beneficial Owner must also deliver or cause to be delivered to the Central Bank a written notice relating to the sales price realized (net of sales commissions paid or payable to a Colombian securities broker) in respect of the sale of Shares (or other Deposited Securities, as the case may be) and such other certifications as may be required from time to time under applicable Colombian law. Delivery of such Deposited Securities may be made by the delivery of (a) certificates in the name of such Owner or as ordered by him or by certificates properly endorsed or accompanied by proper instruments of transfer to such Owner or as ordered by him and (b) any other securities, property and cash to which such Owner is then entitled in respect of such American Depositary Shares to such Owner or as ordered by him. Such delivery shall be made, as hereinafter provided, without unreasonable delay. Under Colombian law, as of the date of this Deposit Agreement, a non-resident Owner or Beneficial Owner who withdraws Shares or other Deposited Securities to or for its or his own account or the account of a non-resident third party and who does not sell or cause to be sold such Shares or other Deposited Securities in Colombia simultaneously with such withdrawal will be subject to the Foreign Investment Law and will be required individually to comply with one of the three authorized forms of foreign investment in securities of Colombian issuers: (i) direct investment under Article 3 of the Foreign Investment Law, as amended from time to time; (ii) investment through an institutional fund under Article 41 of the Foreign Investment Law, as amended from time to time; or (iii) investment through an individual fund under Article 27 of the Foreign Investment Law, as amended from time to time. Depending on the form of authorized investment, such Owner, Beneficial Owner or third party (i) may be required to obtain prior authorization for such investment (that is, holding such Shares in such account) from Consejo Nacional de Política Económica y Social ("CONPES") or the Superintendency of Finance and (ii) will be required to register its foreign capital investment in the Shares (i. e., representing the purchase price of Shares (plus any securities brokerage commissions paid to Colombian brokers) deposited pursuant to the terms of the Deposit Agreement by or on behalf of such Owner or Beneficial Owner, or the purchase price of American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of if American Depositary Shares were purchased from a prior Owner or Beneficial Owner thereof) with the governmental authority or body in Colombia, if any, then performing the function of the regulation of currency exchange, within three months after the date of withdrawal of Share or other Deposited Securities, in the case of direct investment, or within 30 days after the date of withdrawal of Shares or other Deposited Securities in the case of investment through an institutional or individual fund. None of the Issuer, the Depositary or the Custodian will have any liability or responsibility whatsoever under the Deposit Agreement or otherwise for any action or failure to act by any Owner or Beneficial Owner relating to its obligations under the Foreign Investment Law or any other Colombian law or regulation relating to foreign investment in Colombia in respect of a withdrawal or sale of Shares or other Deposited Securities, including, without limitation, any failure to comply with a requirement to register such investment pursuant to the terms of the Foreign Investment Law prior to such withdrawal or any failure to report foreign exchange transactions to the Central Bank, as the case may be. In addition, each Owner or Beneficial Owner will be responsible for the purpose report of withdrawal any false information relating to foreign exchange transactions to the extent it would require delivery Custodian or the Central Bank in connection with deposits or withdrawals of Shares. A Receipt surrendered for such purposes may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and if the Depositary so requires, the Owner thereof shall execute and deliver to the Depositary a written order directing the Depositary to cause the Deposited Securities being withdrawn to be delivered to or upon the written order of a fraction of a Deposited Securityperson or persons designated in such order. The Thereupon the Depositary shall direct the Custodian to deliver at the Medellin, Colombia office of such Custodian, subject to Sections 2.6, 3.1 and 3.2 and to the other terms and conditions of this Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the American Depositary Shares, except that the Depositary may make delivery to such person or persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to delivery of the Deposited Securities and may charge represented by the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of the any Owner so surrendering OwnerAmerican Depositary Shares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, certificates and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.

Appears in 1 contract

Samples: Deposit Agreement (Bancolombia Sa)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in Table of Contents connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Company has represented and warranted, as of the date of the Deposit Agreement, that it has not conducted, does not conduct, and does not have any plan to conduct, any business (the “FEFTA Designated Business”) which would require a “foreign investor” (gaikoku xxxxxxx), as defined in the FEFTA, to submit a notification to the Minister of Finance and any minister having jurisdiction over any business of the Company prior to its “inward direct investment, etc.” (tainai chokusetsu toshi tou), as defined in the FEFTA, relating to the Company pursuant to Article 27, Paragraph 1 of the FEFTA (the “FEFTA Pre-Notification”). The Depositary has been advised that, as of the date of the Deposit Agreement, if the Company does engage in any FEFTA Designated Business, under FEFTA, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares will be required to obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may take up to 30 days to respond to applications for that pre-clearance. Accordingly, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares under those circumstances should apply or advise the persons to whom they intend to direct delivery of Shares to apply for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained.

Appears in 1 contract

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

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. The Company agrees not to prevent, hinder or unreasonably delay any lawful delivery or registration of transfer of Deposited Securities upon surrender of American Depositary Shares for the purpose of withdrawal. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Depositary has been advised that, as of the date of the Deposit Agreement, under FEFTA, under certain conditions, which are not applicable to the Company as of the date of the Deposit Agreement but may become applicable in the future, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares would be required to obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may generally take up to 30 days to respond to applications for that pre-clearance. Accordingly, at any time that pre-clearance is required, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares or that intend to direct delivery of the withdrawn Shares to Foreign Investors should apply, or advise the Foreign Investors to whom they intend to direct delivery of Shares to apply, for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained.

Appears in 1 contract

Samples: Deposit Agreement (JEPLAN Holdings, Inc.)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. Neither the Depositary nor the Custodian shall deliver Shares, by physical delivery, book entry or otherwise (other than to the Company or its agent as contemplated by Section 4.8 of the Deposit Agreement), or otherwise permit Shares to be withdrawn from the facility created thereby, except upon the surrender of American Depositary Shares or in connection with a sale permitted under Section 3.2, 4.3, 4.11, or 6.2 of the Deposit Agreement.

Appears in 1 contract

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

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Principal Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the this Deposit Agreement, the Owner of those such American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerupon his order, of the amount of Deposited Securities at the time represented by those the American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates in the name of such Owner or as ordered by him or by certificates properly endorsed or accompanied by proper instruments of transfer to such Owner or as ordered by him and (b) any other securities, but not any money or other property as and cash to which such Owner is then entitled in respect of such American Depositary Shares to such Owner or as ordered by him. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purposes may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and if the Depositary so requires, the Owner thereof shall execute and deliver to the Depositary a record date for distribution written order directing the Depositary to Owners has passed (since money or other property of that kind will cause the Deposited Securities being withdrawn to be delivered to or paid on upon the scheduled payment date to the Owner as written order of that record date), and except that the Depositary shall not be required to accept a person or persons designated in such order. Following such surrender of American Depositary Shares for in accordance with this Section 2.5, the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian to deliver at the Tel Aviv office of such Custodian, subject to Sections 2.6, 3.1 and 3.2 and to the other terms and conditions of this Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the American Depositary Shares, except that the Depositary may make delivery to such person or persons at the Principal Office of the Depositary of any dividends or distributions with respect to delivery of the Deposited Securities and represented by the American Depositary Shares, or of any proceeds of sale of any dividends, distributions or rights, which may charge at the surrendering Owner a fee and its expenses for giving that direction time be held by cable (including SWIFT) the Depositary. The Depositary agrees not to deliver Shares , by physical delivery, book entry or facsimile transmission. If Deposited Securities are delivered physically otherwise permit Shares to be withdrawn from the facility created hereby, except upon surrender cancellation of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at or in accordance with Section 2.9. At the request, risk and expense of the any Owner so surrendering OwnerAmerican Depositary Shares, and for the account of that such Owner, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, if applicable, certificates and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Principal Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.

Appears in 1 contract

Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

Samples: Deposit Agreement (Olink Holding AB (Publ))

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SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Principal Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby (and, if applicable, the Receipt evidencing such American Depositary Shares), and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of this Agreement, including Section 7.10 hereof, the Deposit AgreementCompany’s constituent documents, any other provisions of or governing the Deposited Securities and other applicable laws, the Owner of those such American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, as promptly as practicable, to him or as instructed by that Ownerupon his order, of the amount of Deposited Securities at the time represented by those the American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) Shares or evidence of title registered in the name of such Owner or as ordered by him or Shares or evidence of title properly endorsed or accompanied by proper instruments of transfer to such Owner or as ordered by him and (b) any other securities, but not any money or other property as and cash to which such Owner is then entitled in respect of such Receipts to such Owner or as ordered by him. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purposes may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and if the Depositary so requires, the Owner thereof shall execute and deliver to the Depositary a record date for distribution written order directing the Depositary to Owners has passed (since money or other property of that kind will cause the Deposited Securities being withdrawn to be delivered to or paid on upon the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery written order of a fraction of a Deposited Securityperson or persons designated in such order. The Thereupon the Depositary shall direct the Custodian to deliver at the office of such Custodian or through book-entry delivery of the Shares, in either case subject to Sections 2.06, 3.01 and 3.02 and the other terms and conditions of this Agreement, the Company’s constituent documents, the provisions of or governing the Deposited Securities and applicable laws in effect on the date of such delivery, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the American Depositary Shares surrendered to the Depositary, except that the Depositary may make delivery to such person or persons at the Principal Office of the Depositary of any dividends or distributions with respect to delivery of the Deposited Securities and may charge represented by the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of the any Owner so surrendering Ownera American Depositary Shares, and for the account of such Owner, provided that Ownersuch Owner has paid any applicable tax or other governmental charge, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, certificates (if applicable, any) and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Principal Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex, facsimile or to another address specified in the order received from the surrendering Ownerelectronic transmission.

Appears in 1 contract

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 5.09 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

Samples: Deposit Agreement (Fresenius Medical Care AG)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any Confidential Treatment Requested Pursuant to 17 C.F.R. Section 200.83 cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

Samples: Deposit Agreement (Grupo Aeromexico, S.A.B. De C.V.)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the this Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since as money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondoing so. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that That delivery will be made made, at the office of the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

Samples: Deposit Agreement (Novogen LTD)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Principal Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby thereby, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the this Deposit Agreement, the Owner of those such American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerupon his order, of the amount of Deposited Securities at the time represented by those the American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates in the name of such Owner or as ordered by him or by certificates properly endorsed or accompanied by proper instruments of transfer to such Owner or as ordered by him and (b) any other securities, but not any money or other property as and cash to which such Owner is then entitled in respect of such American Depositary Shares to such Owner or as ordered by him. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purposes may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and if the Depositary so requires, the Owner thereof shall execute and deliver to the Depositary a record date for distribution written order directing the Depositary to Owners has passed (since money or other property of that kind will cause the Deposited Securities being withdrawn to be delivered to or paid on upon the scheduled payment date to the Owner as written order of that record date), and except that the Depositary shall not be required to accept a person or persons designated in such order. Following such surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian in accordance with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Ownerthis Section 2.5, the Depositary shall direct the Custodian to forward deliver at the Tel Aviv office of such Custodian, subject to Sections 2.6, 3.1 and 3.2 and to the other terms and conditions of this Deposit Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the American Depositary Shares, except that the Depositary may make delivery to such person or persons at the Principal Office of the Depositary of any cash dividends or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, distributions with respect to the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery Shares, or of any proceeds of sale of any dividends, distributions or rights, which may at the time be held by the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner. The Company has represented and warranted, as of the date of the Deposit Agreement, that it has not conducted, does not conduct, and does not have any plan to conduct, any business (the “FEFTA Designated Business”) which would require a “foreign investor” (gaikoku txxxxxx), as defined in the FEFTA, to submit a notification to the Minister of Finance and any minister having jurisdiction over any business of the Company prior to its “inward direct investment, etc.” (tainai chokusetsu toshi tou), as defined in the FEFTA, relating to the Company pursuant to Article 27, Paragraph 1 of the FEFTA (the “FEFTA Pre-Notification”). The Depositary has been advised that, as of the date of the Deposit Agreement, if the Company does engage in any FEFTA Designated Business, under FEFTA, any Foreign Investor (as defined under FEFTA) expecting to receive delivery of Shares upon surrender of American Depositary Shares must obtain pre-clearance from the applicable Japanese governmental authority prior to accepting that delivery and that the applicable governmental authority may take up to 30 days to respond to applications for that pre-clearance. Accordingly, Owners that are Foreign Investors wishing to surrender American Depositary Shares for the purpose of withdrawal of deposited Shares under those circumstances should apply or advise the persons to whom they intend to direct delivery of Shares to apply for pre-clearance at least 30 days in advance. The Depositary shall not accept surrender of American Depositary Shares for the purpose of withdrawal of Shares until it receives assurances satisfactory to it that any required pre-clearance for delivery of the Shares to be withdrawn to a Foreign Investor has been obtained.

Appears in 1 contract

Samples: Deposit Agreement (SYLA Technologies Co., Ltd.)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby Shares, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securitiesthis Receipt, and subject to the terms and conditions of the Deposit Agreement, the By-laws and the terms of the Deposited Securities, the Owner of those American Depositary Shares shall be hereof is entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to him or as instructed by that Ownerupon his order, of the amount of Deposited Securities at the time represented by those the American Depositary Shares; subject to delivery if required by applicable Colombian law, but not any money in the case of non-resident of Colombia, of a written notice specifying that either (i) such Shares have been or will be sold in Colombia simultaneously with such withdrawal or (ii) such Shares will be held by such Owner or Beneficial Owner, or to its order, without sale, in which case such Owner or Beneficial Owner must acknowledge its obligations to register its investment under the Foreign Investment Law, if applicable, and to make a foreign exchange report to the governmental authority or body in Colombia, if any, which is then performing the function of the regulation of currency exchange, if applicable, as described in the following paragraph or take such other steps as may be required from time to time under applicable Colombian law. Such non-resident withdrawing Owner or Beneficial Owner must also deliver or cause to be delivered to the Central Bank a written notice relating to the sales price realized (net of sales commissions paid or payable to a Colombian securities broker) in respect of the sale of Shares (or other Deposited Securities, as the case may be) and such other certifications as may be required from time to time under applicable Colombian law. Delivery of such Deposited Securities may be made by the delivery of (a) certificates in the name of the Owner hereof or as ordered by him or by the delivery of certificates properly endorsed or accompanied by proper instruments of transfer and (b) any other securities, property as and cash to which a record date for distribution to Owners has passed (since money or other property such Owner is then entitled in respect of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of such American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited SecurityShares. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that Such delivery will be made at the Custodian’s officeoption of the Owner hereof, except that, either at the requestoffice of the Custodian or at the Corporate Trust Office of the Depositary, provided that the forwarding of certificates for Shares or other Deposited Securities for such delivery at the Corporate Trust Office of the Depositary shall be at the risk and expense of the surrendering OwnerOwner hereof. Under Colombian law, and as of the date of the Deposit Agreement, a non-resident Owner or Beneficial Owner who withdraws Shares or other Deposited Securities to or for its or his own account or the account of that a non-resident third party and who does not sell or cause to be sold such Shares or other Deposited Securities in Colombia simultaneously with such withdrawal will be subject to the Foreign Investment Law and will be required individually to comply with one of the three authorized forms of foreign investment in securities of Colombian issuers: (i) direct investment under Article 3 of the Foreign Investment Law, as amended from time to time; (ii) investment through an institutional fund under Article 41 of the Foreign Investment Law, as amended from time to time; or (iii) investment through an individual fund under Article 27 of the Foreign Investment Law, as amended from time to time. Depending on the form of authorized investment, such Owner, Beneficial Owner or third party (i) may be required to obtain prior authorization for such investment (that is, holding such Shares in such account) from CONPES or the Superintendency of Finance and (ii) will be required to register its foreign capital investment in the Shares (i.e., representing the purchase price of Shares (plus any securities brokerage commissions paid to Colombian brokers) deposited pursuant to the terms of the Deposit Agreement by or on behalf of such Owner or Beneficial Owner, or the purchase price of American Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificatesShares, if applicable, and other proper documents of titleAmerican Depositary Shares were purchased from a prior Owner or Beneficial Owner thereof) with the governmental authority or body in Colombia, if any, forthen performing the function of the regulation of currency exchange, within three months after the date of withdrawal of Shares or other Deposited Securities, in the case of direct investment, or within 30 days after the date of withdrawal of Shares or other Deposited Securities in the case of investment through an institutional or individual fund. None of the Issuer, the Depositary or the Custodian will have any liability or responsibility whatsoever under the Deposit Agreement or otherwise for any action or failure to act by any Owner or Beneficial Owner relating to its obligations under the Foreign Investment Law or any other Colombian law or regulation relating to foreign investment in Colombia in respect of a withdrawal or sale of Shares or other Deposited Securities represented by the surrendered American Depositary Shares Securities, including, without limitation, any failure to comply with a requirement to register such investment pursuant to the Depositary terms of the Foreign Investment Law prior to such withdrawal or any failure to report foreign exchange transactions to the Central Bank, as the case may be. In addition, each Owner or Beneficial Owner will be responsible for delivery at the Depositary’s Office report of any false information relating to foreign exchange transactions to the Custodian or to another address specified the Central Bank in the order received from the surrendering Ownerconnection with deposits or withdrawals of Shares.

Appears in 1 contract

Samples: Deposit Agreement (Bancolombia Sa)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.. ​ ​

Appears in 1 contract

Samples: Deposit Agreement (Cloopen Group Holding LTD)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.. ​

Appears in 1 contract

Samples: Deposit Agreement (Atour Lifestyle Holdings LTD)

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Depositary’s Office of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmissiondoing so. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that That delivery will be made made, at the office of the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.

Appears in 1 contract

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

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby Shares, and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement this Receipt and payment of all taxes taxes, duties and other governmental charges charges, if any, payable in connection with that delivery of Deposited Securities against surrender and withdrawal of the Deposited SecuritiesReceipts, and subject to the terms and conditions of the Deposit Agreement, the Company’s statuts and the Deposited Securities the Owner of those American Depositary Shares shall be is entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, to or him as instructed by that Ownerinstructed, of the amount of Deposited Securities at the time represented by those American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) certificates or account transfer in the name of the Owner hereof or as ordered by him, but not with proper endorsement or accompanied by proper instruments or instructions of transfer to such Owner or pursuant to proper delivery instructions and (b) any money or other securities, property as and cash to which a record date for distribution such Owner is then entitled together with any transfer or assignment related thereto given pursuant to Owners has passed (since money or other property Section 2.05 of that kind will be delivered or paid on the scheduled payment date to the Owner as Deposit Agreement in respect of that record date), and except that the Depositary shall not be required to accept surrender of such American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited SecurityShares. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that Such delivery will be made at the Custodian’s officeoption of the Owner hereof, except that, either at the requestoffice of the Custodian or at the Corporate Trust Office of the Depositary, provided that the forwarding of certificates for Shares or other Deposited Securities for such delivery at the Corporate Trust Office of the Depositary shall be at the risk and expense of the surrendering Owner, and for Owner hereof. In the account event that any delivery of that OwnerDeposited Securities under Section 2.05 of the Deposit Agreement would otherwise require delivery of fractional Deposited Securities, the Depositary shall direct may sell the amount of Deposited Securities corresponding to the aggregate of such fractions and distribute the net proceeds, all in the manner and subject to the conditions described in Section 4.01 of the Deposit Agreement. Neither the Depositary nor the Custodian shall deliver Shares, by physical delivery, book entry or otherwise (other than to forward any cash the Company or other property comprisingits agent as contemplated by Section 4.08 of the Deposit Agreement), or otherwise permit Shares to be withdrawn from the facility created hereby, except upon the receipt and forward a certificate or certificates, if applicable, and other proper documents cancellation of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering OwnerShares.

Appears in 1 contract

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

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby and payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement and payment of all taxes and governmental charges payable in connection with that surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit Agreement, the Owner of those American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made), to or as instructed by that Owner, of the amount of Deposited Securities at the time represented by those American Depositary Shares, but not any money or other property as to which a record date for distribution to Owners has passed (since money or other property of that kind will be delivered or paid on the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery of a fraction of a Deposited Security. The Depositary shall direct the Custodian with respect to delivery of Deposited Securities and may charge the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose of withdrawal, that delivery will be made at the Custodian’s office, except that, at the request, risk and expense of the surrendering Owner, and for the account of that Owner, the Depositary shall direct the Custodian to forward any cash or other property comprising, and forward a certificate or certificates, if applicable, and other proper documents of title, if any, for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Depositary’s Office or to another address specified in the order received from the surrendering Owner.. Table of Contents

Appears in 1 contract

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

SURRENDER OF AMERICAN DEPOSITARY SHARES AND WITHDRAWAL OF SHARES. Upon surrender at the Corporate Trust Office of the Depositary of American Depositary Shares for the purpose of withdrawal of the Deposited Securities represented thereby (and, if applicable, the Receipt evidencing such American Depositary Shares), and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in Section 5.9 of the Deposit Agreement 5.09 and payment of all taxes and governmental charges payable in connection with that such surrender and withdrawal of the Deposited Securities, and subject to the terms and conditions of the Deposit this Agreement, the Owner of those such American Depositary Shares shall be entitled to delivery (to the extent delivery can then be lawfully and practicably made)delivery, as promptly as practicable, to him or as instructed by that Ownerupon his order, of the amount of Deposited Securities at the time represented by those the American Depositary Shares. Delivery of such Deposited Securities may be made by the delivery of (a) Shares or evidence of title registered in the name of such Owner or as ordered by him or Shares or evidence of title properly endorsed or accompanied by proper instruments of transfer to such Owner or as ordered by him and (b) any other securities, but not any money or other property as and cash to which such Owner is then entitled in respect of such Receipts to such Owner or as ordered by him. Such delivery shall be made, as hereinafter provided, without unreasonable delay. A Receipt surrendered for such purposes may be required by the Depositary to be properly endorsed in blank or accompanied by proper instruments of transfer in blank, and if the Depositary so requires, the Owner thereof shall execute and deliver to the Depositary a record date for distribution written order directing the Depositary to Owners has passed (since money or other property of that kind will cause the Deposited Securities being withdrawn to be delivered to or paid on upon the scheduled payment date to the Owner as of that record date), and except that the Depositary shall not be required to accept surrender of American Depositary Shares for the purpose of withdrawal to the extent it would require delivery written order of a fraction of a Deposited Securityperson or persons designated in such order. The Thereupon the Depositary shall direct the Custodian to deliver at the Amsterdam office of such Custodian, subject to Sections 2.06, 3.01 and 3.02 and to the other terms and conditions of this Agreement, to or upon the written order of the person or persons designated in the order delivered to the Depositary as above provided, the amount of Deposited Securities represented by the American Depositary Shares surrendered to the Depositary, except that the Depositary may make delivery to such person or persons at the Corporate Trust Office of the Depositary of any dividends or distributions with respect to delivery of the Deposited Securities and may charge represented by the surrendering Owner a fee and its expenses for giving that direction by cable (including SWIFT) or facsimile transmission. If Deposited Securities are delivered physically upon surrender of American Depositary Shares for the purpose Shares, or of withdrawalany proceeds of sale of any dividends, that delivery will be made distributions or rights, which may at the Custodian’s office, except that, at time be held by the Depositary. At the request, risk and expense of the any Owner so surrendering Ownera American Depositary Shares, and for the account of such Owner, provided that Ownersuch Owner has paid any applicable tax or other governmental charge, the Depositary shall direct the Custodian to forward any cash or other property (other than rights) comprising, and forward a certificate or certificates, certificates (if applicable, any) and other proper documents of title, if any, title for, the Deposited Securities represented by the surrendered American Depositary Shares to the Depositary for delivery at the Corporate Trust Office of the Depositary’s Office . Such direction shall be given by letter or, at the request, risk and expense of such Owner, by cable, telex or to another address specified in the order received from the surrendering Ownerfacsimile transmission.

Appears in 1 contract

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

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