ADS Record Date definition

ADS Record Date shall have the meaning given to such term in Section 4.9.

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ADS Record Date for the determination of the Holders of ADS(s) who shall be entitled to receive such distribution, to give instructions for the exercise of voting rights at any such meeting, to give or withhold such consent, to receive such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares represented by each ADS. The Depositary shall use its commercially reasonable efforts to establish the ADS Record Date as closely as reasonably possible to the applicable record date for the Deposited Securities (if any) set by the Company in the Republic of France and shall not announce the establishment of any ADS Record Date prior to the relevant corporate action having been made public by the Company (if such corporate action affects the Deposited Securities). Subject to applicable law and the provisions of Section 4.1 through 4.8 and to the other terms and conditions of the Deposit Agreement, only the Holders of ADSs at the close of business in New York on such ADS Record Date shall be entitled to receive such distribution, to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

ADS Record Date for the determination of the Holders of ADS(s) who shall be entitled to receive such distribution, to give instructions for the exercise of voting rights at any such meeting, to give or withhold such consent, to receive such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares represented by each ADS. The Depositary shall make commercially reasonable efforts to establish the ADS Record Date as closely as practicable to the applicable record date for the Deposited Securities (if any) set by the Company in Australia and shall not announce the establishment of any ADS Record Date prior to the relevant corporate action having been made public by the Company (if such corporate action affects the Deposited Securities). If the ADSs are listed on any securities exchange, such record date shall be fixed in compliance with any applicable rules of such securities exchange Subject to applicable law, the terms and provisions of this ADR and Sections 4.1 through 4.8 of the Deposit Agreement, only the Holders of ADSs at the close of business in New York on such ADS Record Date shall be entitled to receive such distribution, to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

Examples of ADS Record Date in a sentence

The Depositary shall make reasonable efforts to establish the ADS Record Date as closely as possible to the applicable record date for the Deposited Securities (if any) set by the Company in England.
If so, the Depositary shall, subject to the terms and conditions of the Deposit Agreement, establish an ADS Record Date according to paragraph (16) and establish procedures to enable the Holder hereof to elect to receive the proposed distribution in cash or in additional ADSs. If a Holder elects to receive the distribution in cash, the distribution shall be made as in the case of a distribution in cash upon the terms described in the Deposit Agreement.
Subject to applicable law and the terms and conditions of this ADR and the Deposit Agreement, only the Holders of ADSs at the close of business in New York on such ADS Record Date shall be entitled to receive such distribution, to give such voting instructions, to receive such notice or solicitation, or otherwise take action.
Notwithstanding anything else contained in the Deposit Agreement or in this ADR, the Depositary shall, if so requested in writing by the Company, represent, or cause the Custodian to represent all Deposited Securities (whether or not voting instructions have been received in respect of such Deposited Securities from Holders as of the ADS Record Date) for the sole purpose of establishing quorum at a meeting of shareholders.
Neither the Depositary nor the Custodian shall under any circumstances exercise any discretion as to voting and neither the Depositary nor the Custodian shall vote, attempt to exercise the right to vote, or in any way make use of the Deposited Securities represented by ADSs, except pursuant to and in accordance with the voting instructions timely received from Holders as of the ADS Record Date or as otherwise contemplated therein.

More Definitions of ADS Record Date

ADS Record Date shall have the meaning given to such term in Section 4.9. Section 1.2 “Affiliate” shall have the meaning assigned to such term by the Commission (as hereinafter defined) under Regulation C promulgated under the Securities Act (as hereinafter defined), or under any successor regulation thereto. Section

ADS Record Date means the time and date being the earlier of (i) the relevant time of the determination of ADS holders entitled to receive rights, subscription rights, option or conversion rights, or any other distributions, assets or property, or (ii) the Trading Day, which immediately precedes the Ex Date.

ADS Record Date for the determination of the Holders of ADS(s) who shall be entitled to receive such distribution, to give instructions for the exercise of voting rights at any such meeting, to give or withhold such consent, to receive such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares represented by each ADS. The Depositary shall make commercially reasonable efforts to establish the ADS Record Date as closely as possible to the applicable record date for the Deposited Securities (if any) set by the Company in Australia. Subject to applicable law, the terms and provisions of this ADR and Sections 4.1 through 4.8 of the Deposit Agreement, only the Holders of ADSs at the close of business in New York on such ADS Record Date shall be entitled to receive such distribution, to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

ADS Record Date. 1 Section 1.2 “Affiliate” 1 Section 1.3 “American Depositary Receipt(s)”, “ADR(s)” and “Receipt(s)” 1

ADS Record Date means, with respect to ADSs, 5:00 P.M. (New York City time) on November 27, 2009 or such later date as shall be established by agreement between the Company and the Depositary. ADS Rights shall have the meaning ascribed thereto in paragraph 2 hereof. ADS Rights Agent shall mean the Depositary, as agent of the Company pursuant to paragraph 3 hereof, having its office for the administration of the ADRs at ▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇.

ADS Record Date shall have the meaning given to such term in paragraph 13 of the form of ADR (as hereinafter defined).

ADS Record Date. 1 Section 1.2 “Affiliate” 2 Section 1.3 “Agent” 2 Section 1.4 “American Depositary Receipt(s)”, “ADRs” and “Receipt(s)” 2 Section 1.5 “American Depositary Share(s)” and “ADS(s)” 2 Section 1.6 “Applicant” 2 Section 1.7 “Beneficial Owner” 2 Section 1.8 “Certificated ADS(s)” 2 Section 1.9 “Commission” 3 Section 1.10 “Company” 3 Section 1.11 “CREST” 3 Section 1.12 “Custodian” 3 Section 1.13 “Deliver” and “Delivery” 3 Section 1.14 “Deposit Agreement” 3 Section 1.15 “Depositary” 3 Section 1.16 “Deposited Securities” 3 Section 1.17 “Dollars” and “$” 3 Section 1.18 “DRS” 3 Section 1.19 “DTC” 3 Section 1.20 “DTC Participant” 3 Section 1.21 “Exchange Act” 4 Section 1.22 “Foreign Currency” 4 Section 1.23 “Full Entitlement ADR(s)”, “Full Entitlement ADS(s)” and “Full Entitlement Share(s)” 4 Section 1.24 “Holder(s)” 4 Section 1.25 “Indemnified Person” and “Indemnifying Person” 4 Section 1.26 “Original Deposit Agreement” 4 Section 1.27 “Original Depositary” 4 Section 1.28 “Partial Entitlement ADR(s)”, “Partial Entitlement ADS(s)” and “Partial Entitlement Share(s)” 4 Section 1.29 “Pre-Release Transaction” 4 Section 1.30 “Principal Office” 4 Section 1.31 “Profile” 4 Section 1.32 “Registrar” 4 Section 1.33 “Restricted Securities” 5 Section 1.34 “Restricted ADR(s)”, “Restricted ADS(s)” and “Restricted Shares” 5 Section 1.35 “Securities Act” 5 Section 1.36 “Share Registrar” 5 Section 1.37 “Shares” 5 Section 1.38 “Uncertificated ADS(s)” 5 Section 1.39 “United States” and “U.S” 5 ARTICLE II APPOINTMENT OF DEPOSITARY; FORM OF RECEIPTS; DEPOSIT OF SHARES; EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS 5 Section 2.1 Appointment of Depositary 5 Section 2.2 Form and Transferability of ADSs and ADRs 6 Section 2.3 Deposit with Custodian 7 Section 2.4 Registration and Safekeeping of Deposited Securities 8 Section 2.5 Issuance of ADSs 8 Section 2.6 Transfer, Combination and Split-up of ADRs 8 Section 2.7 Surrender of ADSs and Withdrawal of Deposited Securities 9 Section 2.8 Limitations on Execution and Delivery, Transfer, etc. of ADSs; Suspension of Delivery, Transfer, etc 10 Section 2.9 Lost ADRs, etc 11 Section 2.10