Common use of Surrender of Receipts and Withdrawal of Deposited Securities Clause in Contracts

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of this Receipt, and upon payment of the fee of the Depositary provided in this Receipt, and subject to the terms and conditions of the Deposit Agreement, the Owner hereof is entitled to delivery, to him or upon his order, of the amount of such whole number of Deposited Securities at the time represented by the American Depositary Shares for which this Receipt is issued, together with a new Receipt evidencing any fractional Deposited Securities. 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. Delivery of such Deposited Securities may be made by the delivery (a)(i) to an account designated by such Owner with Clearstream, of the Shares and the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream and (b) any other securities, property and cash to which such Owner is then entitled in respect of this Receipt to such Owner or as ordered by him. Such delivery will be made at the option of the Owner hereof, either at the office 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 Owner hereof. Notwithstanding any other provision of the Deposit Agreement or this Receipt, the surrender of outstanding Receipts and withdrawal of Deposited Securities may be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' meeting, or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. or foreign laws or governmental regulations relating to the Receipts or to the withdrawal of the Deposited Securities. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than a whole number of Shares or other Deposited Securities, the Depositary shall deliver the appropriate whole number of Shares or other Deposited Securities in accordance with Section 2.5 of the Deposit Agreement and shall execute and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interest.

Appears in 2 contracts

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

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Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of this Receipt, and upon payment of the fee of the Depositary provided in this Receipt, and subject to the terms and conditions of the Deposit Agreement, the Owner hereof is entitled to delivery, to him or upon his order, of the amount of such whole number of Deposited Securities at the time represented by the American Depositary Shares for which this Receipt is issued, together with a new Receipt evidencing any fractional Deposited Securities. 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. Delivery of such Deposited Securities may be made by the delivery of (a)(ia) certificates in the name of the Owner hereof or as ordered by him or by certificates properly endorsed or accompanied by proper instruments of transfer to an account designated by such Owner with Clearstream, of the Shares and the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream or as ordered by him and (b) any other securities, property and cash to which such Owner is then entitled in respect of this Receipt to such Owner or as ordered by him. Such delivery will be made at the option of the Owner hereof, either at the office 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 Owner hereof. Notwithstanding any other provision of the Deposit Agreement or this Receipt, the surrender of outstanding Receipts and withdrawal of Deposited Securities may be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' meeting, or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. or foreign laws or governmental regulations relating to the Receipts or to the withdrawal of the Deposited Securities. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than a whole number of Shares or other Deposited Securities, the Depositary shall deliver the appropriate whole number of Shares or other Deposited Securities in accordance with Section 2.5 of the Deposit Agreement and shall execute and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interest.

Appears in 1 contract

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

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of this Receipt, and upon payment of the fee of the Depositary provided in this Receipt, and subject to the terms and conditions of the Deposit Agreement, the Owner hereof is entitled to delivery, to him or upon his order, of the amount of such whole number of Deposited Depos- ited Securities at the time represented by the American Depositary Shares for which this Receipt is issued, together with a new Receipt evidencing any fractional Deposited Securities. 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. Delivery of such Deposited Securities may be made by the delivery of (a)(ia) certificates in the name of the Owner hereof or as ordered by him or by certificates properly endorsed or accompanied by proper instruments of transfer to an account designated by such Owner with Clearstream, of the Shares and the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream or as ordered by him and (b) any other securities, property and cash to which such Owner is then entitled in respect of this Receipt to such Owner or as ordered by him. Such delivery will be made at the option of the Owner hereof, either at the office 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 Owner hereof. Notwithstanding any other provision of the Deposit Agreement or this Receipt, the surrender of outstanding Receipts and withdrawal of Deposited Securities may be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' shareholders meeting, or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. or foreign laws or governmental regulations relating to the Receipts or to the withdrawal of the Deposited Securities. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than a whole number of Shares or other Deposited Securities, the Depositary shall deliver the appropriate whole number of Shares or other Deposited Securities in accordance with Section 2.5 of the Deposit Agreement and shall execute and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interest.

Appears in 1 contract

Samples: Wacoal Corp

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of this Receipt, and upon payment of the fee of the Depositary provided in this Receipt, and subject to the terms and conditions of the Deposit Agreement, the Owner hereof is entitled to delivery, to him or her or upon his or her order, of the amount of such whole number of Deposited Securities at the time represented by the American Depositary Shares for which this Receipt is issued, together with a new Receipt evidencing any fractional Deposited Securities. 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. Delivery of such Deposited Securities may be made by the delivery of (a)(ia) Deposited Securities in the name of the Owner hereof or as ordered by him or by certificates properly endorsed or accompanied by proper instruments of transfer to an account designated by such Owner with Clearstream, of the Shares and the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream or as ordered by him or her and (b) any other securities, property and cash to which such Owner is then entitled in respect of this Receipt to such Owner or as ordered by himhim or her. Such delivery will be made at the option of the Owner hereof, either at the office 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 Owner hereof. Notwithstanding any other provision of the Deposit Agreement or this Receipt, the surrender of outstanding Receipts and withdrawal of Deposited Securities may be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' meeting, meeting or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. United States or foreign laws or governmental regulations relating to the Receipts Receipts, the estatuto social (By-laws) of the Company or to the withdrawal of the Deposited Securities. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than a whole number of Shares or other Deposited Securities, the Depositary shall deliver the appropriate whole number of Shares or other Deposited Securities in accordance with Section 2.5 of the Deposit Agreement and shall execute and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interest.

Appears in 1 contract

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

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Depositary’s Office of American Depositary Shares for the Depositary purpose of this Receipt, withdrawal of the Deposited Securities represented thereby and upon payment of the fee of the Depositary for the surrender of American Depositary Shares as provided in this ReceiptSection 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 hereof is of those American Depositary Shares shall be entitled to deliverydelivery (to the extent delivery can then be lawfully and practicably made), to him or upon his orderas instructed by that Owner, of the amount of such whole number of Deposited Securities at the time represented by the those American Depositary Shares Shares, but not any money or other property as to which a record date for which this Receipt is issued, together with a new Receipt evidencing any fractional Deposited Securitiesdistribution to Owners has passed. 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. Delivery of such Deposited Securities may That delivery will be made by the delivery (a)(i) to an account designated by such Owner with Clearstreammade, of the Shares and the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream and (b) any other securitiesexcept that, property and cash to which such Owner is then entitled in respect of this Receipt to such Owner or as ordered by him. Such delivery will be made at the option of the Owner hereofrequest, either at the office 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 Owner hereofsurrendering 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. Notwithstanding any Neither the Depositary nor the Custodian shall deliver Units, by physical delivery, book entry or otherwise (other provision than to the Company or its agent as contemplated by Section 4.8 of the Deposit Agreement Agreement), or this Receiptotherwise permit Units to be withdrawn from the facility created thereby, except upon the surrender of outstanding Receipts and withdrawal of Deposited Securities may be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' meeting, or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. or foreign laws or governmental regulations relating to the Receipts or to the withdrawal of the Deposited Securities. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than or in connection with a whole number of Shares sale permitted under Section 3.2, 4.3, 4.11, or other Deposited Securities, the Depositary shall deliver the appropriate whole number of Shares or other Deposited Securities in accordance with Section 2.5 6.2 of the Deposit Agreement and shall execute and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interestAgreement.

Appears in 1 contract

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

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Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at (i) delivery of this Receipt to the Corporate Trust Office Depositary for the purpose of withdrawal of the whole number of Deposited Securities represented by the American Depositary Shares evidenced by this Receipt, (ii) payment to the Depositary of the surrender fee provided in Paragraph (8) of this Receipt by the person delivering this Receipt for cancellation and payment of all taxes, duties and other governmental charges and fees payable in connection with the delivery of Deposited Securities against the surrender of this Receipt, and upon payment (iii) delivery of written instructions of the fee of Holder directing the Depositary provided in this Receiptto cause such whole number of Deposited Securities being withdrawn, and subject together with a new Receipt evidencing any fractional Deposited Securities, to be delivered to, or upon the terms and conditions of the Deposit Agreementwritten order of, the Owner person or persons designated in such instructions, the Holder hereof is entitled to delivery, to him or upon his order, of the amount of such whole number of Deposited Securities at the time represented by the American Depositary Shares for which evidenced by this Receipt is issuedReceipt, together with a new Receipt evidencing any fractional Deposited Securities. 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. Delivery of such Deposited Securities may be made by (a) delivery or transfer to the delivery (a)(i) to an account designated by such Owner of a German securities bank with ClearstreamClearstream Banking AG or Euroclear Bank S.A., Brussels office, as operator of the Shares and Euroclear System, for the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office benefit of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream such Holder or as ordered by it and (b) delivery of any other securities, property and cash to which such Owner Holder is then entitled in respect of this Receipt such Receipts to such Owner Holder or as ordered by himit. Such delivery will be made at the option of the Owner hereof, either at the office 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 Owner hereof. Notwithstanding any other provision of the Deposit Agreement or this Receipt, the surrender of outstanding Receipts and withdrawal of Deposited Securities may and new Receipt, if any, shall be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' meeting, or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. or foreign laws or governmental regulations relating to the Receipts or to the withdrawal of the Deposited Securitiesmade without unreasonable delay. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than a whole number of Shares or other Deposited Securities, the Depositary shall deliver cause ownership of the appropriate whole number of Shares or other Deposited Securities to be recorded in accordance with Section 2.5 the name of the Deposit Agreement Holder surrendering such Receipt and shall execute issue and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interest.

Appears in 1 contract

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

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of this Receipt, and upon payment of the fee of the Depositary provided in this Receipt, and subject to the terms and conditions of the Deposit Agreement, the Owner hereof is entitled to delivery, to him or her or upon his or her order, of the amount of such whole number of Deposited Securities at the time represented by the American Depositary Shares for which this Receipt is issued, together with a new Receipt evidencing any fractional Deposited Securities. 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. Delivery of such Deposited Securities may be made by the delivery of (a)(ia) Deposited Securities in the name of the Owner hereof or as ordered by him or by certificates properly endorsed or accompanied by proper instruments of transfer to an account designated by such Owner with Clearstream, of the Shares and the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream or as ordered by him or her and (b) any other securities, property and cash to which such Owner is then entitled in respect of this Receipt to such Owner or as ordered by himhim or her. Such delivery will be made at the option of the Owner hereof, either at the office 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 Owner hereof. Notwithstanding any other provision of the Deposit Agreement or this Receipt, the surrender of outstanding Receipts and withdrawal of Deposited Securities may be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' meeting, shareholders meeting or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. United States or foreign laws or governmental regulations relating to the Receipts Receipts, the estatuto social (By-laws) of the Company or to the withdrawal of the Deposited Securities. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security3. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than a whole number of Shares or other Deposited SecuritiesTRANSFERS, the Depositary shall deliver the appropriate whole number of Shares or other Deposited Securities in accordance with Section 2.5 of the Deposit Agreement and shall execute and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interest.SPLIT-

Appears in 1 contract

Samples: Companhia De Saneamento Basico Do Estado De Sao Paulo-Sabesp

Surrender of Receipts and Withdrawal of Deposited Securities. Upon surrender at the Corporate Trust Office of the Depositary of this Receipt, and upon payment of the fee of the Depositary provided in this Receipt, and subject to the terms and conditions of the Deposit Agreement, the Owner hereof is entitled to delivery, to him or upon his order, of the amount of such whole number of Deposited Securities at the time represented by the American Depositary Shares for which this Receipt is issued, together with a new Receipt evidencing any fractional Deposited Securities. 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. Delivery of such Deposited Securities may be made by the delivery (a)(i) to an account designated by such Owner with Clearstream, of the Shares and the other Deposited Securities that are eligible for deposit with Clearstream, and (ii) at the office of the Custodian, of any Deposited Securities that are not eligible for deposit with Clearstream and (b) any other securities, property and cash to which such Owner is then entitled in respect of this Receipt to such Owner or as ordered by him. Such delivery will be made at the option of the Owner hereof, either at the office 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 Owner hereof. Notwithstanding any other provision of the Deposit Agreement or this Receipt, the surrender of outstanding Receipts and withdrawal of Deposited Securities may be suspended only for (i) temporary delays caused by closing the transfer books of the Depositary or the Company or the deposit of Shares in connection with voting at a shareholders' shareholders meeting, or the payment of dividends, (ii) the payment of fees, taxes and similar charges, and (iii) compliance with any U.S. or foreign laws or governmental regulations relating to the Receipts or to the withdrawal of the Deposited Securities. The Depositary shall not accept for surrender a Receipt evidencing American Depositary Shares representing a fractional interest in one Share or one other Deposited Security. In the case of the surrender of a Receipt evidencing any number of American Depositary Shares representing other than a whole number of Shares or other Deposited Securities, the Depositary shall deliver the appropriate whole number of Shares or other Deposited Securities in accordance with Section 2.5 of the Deposit Agreement and shall execute and deliver to the person surrendering such Receipt a new Receipt evidencing the whole number of American Depositary Shares representing any remaining fractional interest.. 3. TRANSFERS, SPLIT-

Appears in 1 contract

Samples: Bayer Aktiengesellschaft

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