Changes Affecting Deposited Securities definition

Changes Affecting Deposited Securities. Upon any change in nominal or par value, split up, consolidation or other reclassification of Deposited Securities, or upon any capitalization, reorganization, merger or consolidation or sale of assets affecting the Company or to which it is a party, and upon the Depositary having obtained specific regulatory approval, if necessary, for the issuance of additional ADSs from the appropriate governmental entity in the ROC, any securities which shall be received by the Depositary or the Custodian in exchange for, in conversion of or in respect of Deposited Securities will be treated as new Deposited Securities under the Deposit Agreement, and the ADSs shall thenceforth represent, in addition to the existing Deposited Securities, the right to receive the new Deposited Securities so received, unless additional ADSs are delivered pursuant to the following sentence. In any such, case, the Depositary may, after consulting with the Company, and will, if the Company so requests, issue and deliver additional ADSs as in the case of a distribution in Eligible Securities, or call for the surrender of outstanding ADSs to be exchanged for new ADSs specifically describing such new Deposited Securities. Furthermore, the Company and the Depositary shall determine whether any amendments to the terms of the Deposit Agreement are required in any such case. Notwithstanding the foregoing, in the event that any security or property so received may not be lawfully distributed to some or all Holders, the Depositary may, with the Company's approval, and shall if the Company requests, subject to receipt of an opinion of Company's counsel reasonably satisfactory to the Depositary that such action is not in violation of any applicable laws or regulations, sell such securities at public or private sale, at such place or places and upon such terms as it may deem proper, and may allocate the net proceeds of such sales for the account of the Holders otherwise entitled to such securities upon an averaged or other practicable basis without regard to any distinctions among such Holders and distribute the net proceeds so allocated to the extent practicable as in the case of a distribution received in cash pursuant to Section 4.01 of the Deposit Agreement.
Sample 1

Examples of Changes Affecting Deposited Securities in a sentence

  • Changes Affecting Deposited Securities and Reclassifications, Recapitalizations, etc.

  • Section 4.1. Cash Distributions 10 Section 4.2. Distributions Other than Cash, Rights, Preferences or Privileges 11 Section 4.3. Subscription Rights, Preferences or Privileges 11 Section 4.4. Notice of Dividends, etc.; Fixing Record Date for Holders of Receipts 12 Section 4.5. Voting Rights 13 Section 4.6. Changes Affecting Deposited Securities and Reclassifications, Recapitalizations, etc.

  • Subject to paragraph (13) of the form of ADR, ( Changes Affecting Deposited Securities) each "ADS" evidenced by an ADR represents the right to receive two Shares and a pro rata share in any other Deposited Securities.

  • Section 4.1. Cash Distributions 11 Section 4.2. Distributions Other than Cash, Rights, Preferences or Privileges 11 Section 4.3. Subscription Rights, Preferences or Privileges 12 Section 4.4. Notice of Dividends, etc.; Fixing Record Date for Holders of Receipts 13 Section 4.5. Voting Rights 13 Section 4.6. Changes Affecting Deposited Securities and Reclassifications, Recapitalizations, etc.

  • Section 4.1. Cash Distributions 10 Section 4.2. Distributions Other than Cash, Rights, Preferences or Privileges 11 Section 4.3. Subscription Rights, Preferences or Privileges 11 Section 4.4. Notice of Dividends, etc.; Fixing Record Date for Holders of Receipts 12 Section 4.5. Voting Rights 12 Section 4.6. Changes Affecting Deposited Securities and Reclassifications, Recapitalizations, etc.

  • Both provide that in either case the Plaintiff shall be entitled to Specific Relief by way of recovery of property.

  • Section 4.1. Cash Distributions 10 Section 4.2. Distributions Other than Cash, Rights, Preferences or Privileges 10 Section 4.3. Subscription Rights, Preferences or Privileges 11 Section 4.4. Notice of Dividends, etc.; Fixing Record Date for Holders of Receipts 12 Section 4.5. Voting Rights 12 Section 4.6. Changes Affecting Deposited Securities and Reclassifications, Recapitalizations, etc.

  • Changes Affecting Deposited Securities ............................

  • Changes Affecting Deposited Securities and Reclassifications, Recapitalizations, etc.................................................

  • Section 4.6. Changes Affecting Deposited Securities and Reclassifications, Recapitalizations, etc.

Related to Changes Affecting Deposited Securities

  • Deposited Securities as of any time shall mean Shares at such time deposited or deemed to be deposited under this Deposit Agreement, including without limitation, Shares that have not been successfully delivered upon surrender of American Depositary Shares, and any and all other securities, property and cash received by the Depositary or the Custodian in respect of Deposited Securities and at that time held under this Deposit Agreement.

  • Deposited Property means the Deposited Securities and any cash and other property held on deposit by the Depositary and the Custodian in respect of the ADSs under the terms of the Deposit Agreement, subject, in the case of cash, to the provisions of Section 4.8. All Deposited Property shall be held by the Custodian, the Depositary and their respective nominees for the benefit of the Holders and Beneficial Owners of the ADSs representing the Deposited Property. The Deposited Property is not intended to, and shall not, constitute proprietary assets of the Depositary, the Custodian or their nominees. Beneficial ownership in the Deposited Property is intended to be, and shall at all times during the term of the Deposit Agreement continue to be, vested in the Beneficial Owners of the ADSs representing the Deposited Property.

  • Regulation S Global Securities means one or more permanent global Securities in registered form representing the aggregate principal amount of Securities sold in reliance on Regulation S under the Securities Act.

  • Regulation S Global Certificates As defined in Section 5.02(c)(i) of this Agreement.

  • Depositary Shares means Depositary Shares, each representing 1/1,000 of a share of Stock and evidenced by a Receipt.

  • Related Securities means any options or warrants or other rights to acquire Shares or any securities exchangeable or exercisable for or convertible into Shares, or to acquire other securities or rights ultimately exchangeable or exercisable for or convertible into Shares.

  • American Depositary Shares means the securities created under this Deposit Agreement representing rights with respect to the Deposited Securities. American Depositary Shares may be certificated securities evidenced by Receipts or uncertificated securities. The form of Receipt annexed as Exhibit A to this Deposit Agreement shall be the prospectus required under the Securities Act of 1933 for sales of both certificated and uncertificated American Depositary Shares. Except for those provisions of this Deposit Agreement that refer specifically to Receipts, all the provisions of this Deposit Agreement shall apply to both certificated and uncertificated American Depositary Shares. Each American Depositary Share shall represent the number of Shares specified in Exhibit A to this Deposit Agreement, except that, if there is a distribution upon Deposited Securities covered by Section 4.3, a change in Deposited Securities covered by Section 4.8 with respect to which additional American Depositary Shares are not delivered or a sale of Deposited Securities under Section 3.2 or 4.8, each American Depositary Share shall thereafter represent the amount of Shares or other Deposited Securities that are then on deposit per American Depositary Share after giving effect to that distribution, change or sale.

  • Regulation S Global Certificate With respect to any Class of Book-Entry Non-Registered Certificates offered and sold to institutions that are non-United States Securities Persons in Offshore Transactions in reliance on Regulation S, a single global Certificate, or multiple global Certificates collectively, in definitive, fully registered form without interest coupon, each of which Certificates bears a Regulation S Legend.

  • Regulation S Securities means all Initial Securities offered and sold outside the United States in reliance on Regulation S.

  • Common Depositary Notes means Notes that are deposited with a Common Depositary and that will clear and settle through the systems operated by Euroclear, Clearstream and/or any such other applicable clearing system other than DTC.

  • Regulation S Global Notes has the meaning set forth in Section 2.16.

  • Escrowed Securities means the direct, noncallable obligations of the United States of America, as described in the Escrow Agreement.

  • Regulation S Global Security The meaning specified in Section 3.01(c).

  • Transfer Restricted Securities means Securities that bear or are required to bear the legend relating to restrictions on transfer relating to the Securities Act set forth in Section 2.3(e) hereto.

  • Permitted Securities means any of the following:

  • Regulation S Permanent Global Certificate means any single permanent global Certificate, in definitive, fully registered form without interest coupons received in exchange for a Regulation S Temporary Global Certificate.

  • Global Certificates Any Certificate registered in the name of the Depository or its nominee.

  • Book-Entry Preferred Securities Certificates means a beneficial interest in the Preferred Securities Certificates, ownership and transfers of which shall be made through book entries by a Clearing Agency as described in Section 5.11.

  • Rule 144A Global Certificates As defined in Section 5.02(c)(ii) of this Agreement.

  • Special Warrants means the special warrants issued by the Company, at a price of $0.10 per Special Warrant, pursuant to the Special Warrant Private Placement and entitling the holder thereof to acquire, for no additional consideration, one Common Share pursuant to the terms and conditions in the Special Warrant Certificates; and

  • Restricted Securities Certificate means a certificate substantially in the form set forth in Annex A.

  • Regulation S Global Note means a Regulation S Temporary Global Note or Regulation S Permanent Global Note, as appropriate.

  • Investment Restrictions means the investment restrictions of the Fund as set forth in the Declaration of Trust including, without limitation, those described in section 2.0 of this Annual Information Form.

  • Initial Additional Notes means Additional Notes issued in an offering not registered under the Securities Act and any Notes issued in replacement thereof, but not including any Exchange Notes issued in exchange therefor.

  • Additional Certificates has the meaning specified in Section 8.01(d).

  • Purchaser Securities means the Purchaser Units, the Purchaser Common Stock, the Purchaser Preferred Stock and the Purchaser Warrants, collectively.