Common use of Untraceable Shareholders Clause in Contracts

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Yao Jinbo), Agreement and Plan of Merger (58.com Inc.)

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Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Ordinary Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the DepositarySurviving Company, as applicable, of their current contact details. A holder of Ordinary Shares or ADSs will be deemed to be untraceable if (i) such person Person has no registered address in the register of members maintained by the Company or the DepositaryCompany, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person Person by the Company, in respect of such dividend either (x) has been sent to such person Person and has been returned undelivered or has not been cashed, cashed or (y) has not been sent to such person Person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person Person and has been returned undelivered. Monies due to shareholders of the Company (including Dissenting Shareholders and holders of ADSs) Ordinary Shares who are untraceable shall should be returned to the Surviving Company on on-demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including Dissenting Shareholders and holders of ADSs) Ordinary Shares who are untraceable. Monies unclaimed after a period Dissenting Shareholders and holders of six (6) years from Ordinary Shares who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Closing Date shall Merger within applicable time limits or limitation periods will be forfeited and shall revert advised to contact the Surviving Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Centurium Capital Partners 2018, L.P.), Agreement and Plan of Merger (China Biologic Products Holdings, Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders shareholders of Shares or ADSs the Company who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members maintained by the Company or the DepositaryCompany, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been was paid by the Company a check payable to such person shareholder either (xA) has been sent to such person shareholder and has been returned undelivered or has not been cashedcashed or, or (yB) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies In the event that monies due to shareholders of the Company (including holders of ADSs) who are untraceable exceeds US$2,000,000, such monies shall be returned to and held by the Surviving Company on demand and held in a separate non-interest interest-bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six seven (67) years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving Company. It is acknowledged that shareholders of the Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Simcere Pharmaceutical Group), Agreement and Plan of Merger (Ren Jinsheng)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent Agent, the Depositary or the DepositarySurviving Company, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. After the Effective Time, untraceable shareholders of the Company (including holders of ADSs) who wish to receive any monies otherwise payable in respect of the Merger within applicable time limits will be advised to contact the Surviving Company. Monies unclaimed after a period of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Yan Rick), Agreement and Plan of Merger (51job, Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Ordinary Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Ordinary Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicable, or (ii) on the last two (2) consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company or (iv) otherwise in accordance with the provisions of the memorandum and articles of association of the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zhangmen Education Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, until they notify the Surviving Company, the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies Shareholders of the Company who are untraceable but subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Company; provided, that monies unclaimed after as of a period date which is immediately prior to such time as such amounts would otherwise escheat to any Governmental Authority pursuant to applicable Laws shall, to the extent permitted by applicable Law, become property of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tarena International, Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, Consideration shall not be sent to holders shareholders of Shares or ADSs the Company who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company or the Depositary, as applicable, ; or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company Company, a check cheque payable to such person shareholder either (xa) has been sent to such person and has been returned undelivered or has not been cashed, ; or (yb) has not been sent to such person because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undeliveredCompany. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period Shareholders of six (6) years from the Closing Date shall Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be forfeited and shall revert advised to contact the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ruhnn Holding LTD)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company or the Depositary, as applicable, or (ii) on the last two (2) consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable, until the expiry of the one (1) year period referred to in the following sentence. Monies unclaimed after a period of six one (61) years year from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (TDCX Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, (as applicable, defined below) of their current contact details. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the Company or the Depositaryor, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (xa) has been sent to such person shareholder and has been returned undelivered or has not been cashedcashed or, or (yb) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositaryor, as applicable, or (iiic) notice of the Shareholders’ Meeting convened to vote on the Merger Company shareholders meeting has been sent to such person shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held Corporation in a non-separate non interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six (6) seven years from the Closing Date date of the notice of the Shareholder Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and shareholders of the Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods must contact the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tongjitang Chinese Medicines Co)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Surviving Company, the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicable, or (ii) on the last two (2) consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest interest-bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies Shareholders of the Company (including holders of ADSs) who are untraceable but subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company; provided, that monies unclaimed after as of a period date which is immediately prior to such time as such amounts would otherwise escheat to any Governmental Authority pursuant to applicable Laws shall, to the extent permitted by applicable Law, become property of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (iClick Interactive Asia Group LTD)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members maintained by the Company or the DepositaryCompany, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been was paid by the Company a check payable to such person shareholder either (xA) has been sent to such person shareholder and has been returned undelivered or has not been cashed, cashed or (yB) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the Shareholders’ Company Shareholders Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies In the event that monies due to shareholders of the Company (including holders of ADSs) who are untraceable exceeds US$2,000,000, such monies shall be returned to and held by the Surviving Company on demand and held in a separate non-interest interest-bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six seven (67) years from the Closing Date date of the notice of the Company Shareholders Meeting shall be forfeited and shall revert to the Surviving Company. It is acknowledged that shareholders of the Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (China Nepstar Chain Drugstore Ltd.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, (as applicable, defined below) of their current contact details. A holder of Shares or ADSs Company shareholder will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the Company or the Depositaryor, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (xa) has been sent to such person shareholder and has been returned undelivered or has not been cashedcashed or, or (yb) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositaryor, as applicable, or (iiic) notice of the Shareholders’ Meeting convened to vote on the Merger Company shareholders meeting has been sent to such person shareholder and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable and any monies which are returned shall be returned to held by the Surviving Company on demand and held Corporation in a separate non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six (6) seven years from the Closing Date date of the notice of the Shareholder Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and shareholders of the Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods must contact the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Acorn International, Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, until they notify the Surviving Company or the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicableCompany, or (ii) on the last two (2) consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies Shareholders of the Company who are untraceable but subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company; provided, that monies unclaimed after as of a period date which is immediately prior to such time as such amounts would otherwise escheat to any Governmental Authority pursuant to applicable Laws shall, to the extent permitted by applicable Law, become property of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sina Corp)

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Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Ordinary Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the DepositarySurviving Company, as applicable, of their current contact details. A holder of Ordinary Shares or ADSs will be deemed to be untraceable if (i) such person Person has no registered address in the register of members maintained by the Company or the DepositaryCompany, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person Person by the Company, in respect of such dividend either (x) has been sent to such person Person and has been returned undelivered or has not been cashed, cashed or (y) has not been sent to such person Person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person Person and has been returned undelivered. Monies due to shareholders of the Company (including Dissenting Shareholders and holders of ADSs) Ordinary Shares who are untraceable shall should be returned to the Surviving Company on on-demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including Dissenting Shareholders and holders of ADSs) Ordinary Shares who are untraceable. Dissenting Shareholders and holders of Ordinary Shares who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Company. Monies unclaimed after a period of six three (63) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hollysys Automation Technologies, Ltd.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the DepositarySurviving Company, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the security holder list maintained by the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person by the Company or the Depositary, as applicable, in respect of such dividend either (x) has been sent to such person and has been returned undelivered or has not been cashed, cashed or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including Dissenting Shareholders and holders of ADSs) Shares or ADSs who are untraceable shall should be returned to the Surviving Company on on-demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including Dissenting Shareholders and holders of ADSs) Shares who are untraceable. Monies unclaimed after a period Dissenting Shareholders and holders of six (6) years from Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Closing Date shall Merger within applicable time limits or limitation periods will be forfeited and shall revert advised to contact the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (iKang Healthcare Group, Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, until they notify the Paying Agent Agent, the Depositary or the DepositarySurviving Company, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person Person has no registered address in the register of members maintained by the Company or the books maintained by the Depositary, as applicable, or (ii) on the last two (2) consecutive occasions on which a dividend has been paid by the Company Company, a check payable to such person Person by the Company, in respect of such dividend either (x) has been sent to such person Person and has been returned undelivered or has not been cashed, cashed or (y) has not been sent to such person Person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person Person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) Shares or ADSs who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) Shares and ADSs who are untraceable. Monies unclaimed after a period of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Chindata Group Holdings LTD)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, Surviving Company of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs shareholder will be deemed to be untraceable if (ia) such person he has no registered address in the register of members maintained by the Company or the DepositaryCompany, as applicable, or (iib) on the last two consecutive occasions on which a dividend has been was paid by the Company a check payable to such person shareholder either (xi) has been sent to such person shareholder and has been returned undelivered or has not been cashed, cashed or (yii) has not been sent to such person shareholder because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicableCompany, or (iiic) notice of the Shareholders’ Company Shareholders Meeting (as defined below) convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to and held by the Surviving Company on demand and held in a separate non-interest interest-bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period .. It is acknowledged that shareholders of six (6) years from the Closing Date shall be forfeited and shall revert Company who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods should contact the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (eFuture Holding Inc.)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members (or branch register) maintained by the Company or the Depositary, as applicableapplicable or, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashedcashed or, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or or, (iii) notice of the Shareholders’ Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company Corporation on demand and held in a non-interest bearing bank account for the benefit of Dissenting Shareholders and shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six (6) seven years from the Closing Date date of the notice of the Shareholders' Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. Dissenting Shareholders and holders of Shares or ADSs who are untraceable who subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (7 Days Group Holdings LTD)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent Agent, the Depositary or the DepositarySurviving Company, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. After the Effective Time, untraceable shareholders of the Company (including holders of ADSs) who wish to receive any monies otherwise payable in respect of the Merger within applicable time limits will be advised to contact the Surviving Company. Monies unclaimed after a period of six (6) years months from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Genetron Holdings LTD)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact details. A holder of Shares or ADSs will be deemed to be untraceable if (i) such person has no registered address in the register of members maintained by the Company or the Depositary, as applicable, or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check payable to such person either (x) has been sent to such person and has been returned undelivered or has not been cashed, or (y) has not been sent to such person because on an earlier occasion a check for a dividend so payable has been returned undelivered, and in any such case no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, or (iii) notice of the Shareholders’ Shareholders Meeting convened to vote on the Merger has been sent to such person and has been returned undelivered. Monies due to shareholders of the Company (including holders of ADSs) who are untraceable shall be returned to the Surviving Company on demand and held in a non-interest bearing bank account for the benefit of shareholders of the Company (including holders of ADSs) who are untraceable. Monies Shareholders of the Company who are untraceable but subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Company; provided, that monies unclaimed after as of a period date which is immediately prior to such time as such amounts would otherwise escheat to any Governmental Authority pursuant to applicable Laws shall, to the extent permitted by applicable Law, become property of six (6) years from the Closing Date shall be forfeited and shall revert to the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (O2micro International LTD)

Untraceable Shareholders. Remittances for the Per Share Merger Consideration or the Per ADS Merger Consideration, as the case may be, shall not be sent to holders of Shares or ADSs shareholders who are untraceable unless and until, except as provided below, they notify the Paying Agent or the Depositary, as applicable, of their current contact detailsdetails prior to the Effective Time. A holder shareholder of Shares or ADSs the Company will be deemed to be untraceable if (i) such person he has no registered address in the register of members (or branch register) maintained by the Company or the Depositary, as applicable, Company; or (ii) on the last two consecutive occasions on which a dividend has been paid by the Company a check cheque payable to such person shareholder either (xA) has been sent to such person shareholder and has been returned undelivered or has not been cashed, ; or (yB) has not been sent to such person shareholder because on an earlier occasion a check cheque for a dividend so payable has been returned undelivered, and in any such case case, no valid claim in respect thereof has been communicated in writing to the Company or the Depositary, as applicable, Company; or (iii) notice of the Company Shareholders’ Meeting convened to vote on the Merger has been sent to such person shareholder and has been returned undelivered. Monies In the event that the aggregate monies due to the shareholders of the Company (including holders of ADSs) who are untraceable exceed US$2,000,000, such monies and any monies which are returned by the Paying Agent shall be returned to held by the Surviving Company on demand and held Corporation in a separate non-interest bearing bank account for the benefit of the shareholders of the Company (including holders of ADSs) who are untraceable. Monies unclaimed after a period of six seven (67) years from the Closing Date date of the notice of the Company Shareholders’ Meeting shall be forfeited and shall revert to the Surviving CompanyCorporation. The shareholders of the Company who are untraceable and subsequently wish to receive any monies otherwise payable in respect of the Merger within applicable time limits or limitation periods will be advised to contact the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Global-Tech Advanced Innovations Inc.)

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