VWAP ADSs definition

VWAP ADSs means the ADSs representing Ordinary Shares that are and/or may be purchased by the Investor under this Agreement pursuant to one or more VWAP Purchase Notices, but not including the Commitment Ordinary Shares or the Commitment ADSs.
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Examples of VWAP ADSs in a sentence

  • The par value of the Ordinary Shares underlying the VWAP ADSs shall be deemed as fully paid and settled when the Ordinary Shares are allotted and issued in consideration of and by way of the Investor’s execution of this Agreement and the Registration Rights Agreement.

  • The number of Ordinary Shares so reserved for issuance under this Agreement may be increased from time to time by the Company from and after the Commencement Date, and such number of reserved shares may be reduced from and after the Commencement Date only by the number of VWAP ADSs actually issued, sold and delivered to the Investor pursuant to VWAP Purchases effected by the Company from and after the Commencement Date pursuant to this Agreement.

  • All of the VWAP ADSs issuable pursuant to the applicable VWAP Purchase Notice shall have been duly authorized by all necessary corporate action of the Company.

  • The Company further acknowledges that its obligation to issue the Commitment Ordinary Shares and to issue the VWAP ADSs pursuant to the terms of a VWAP Purchase pursuant to the terms of this Agreement, in each case, is (subject to the terms and conditions in this Agreement) absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

  • The Company shall have delivered to the Investor (or its designated Broker-Dealer), and the Investor (or its designated Broker-Dealer) shall have received, all VWAP ADSs relating to all prior VWAP Purchase Notices as DWAC ADSs.

  • The Depositary does not have a policy prohibiting or limiting delivery of the VWAP ADSs as DWAC ADSs.

  • The Company and the Depositary shall have prepared and filed a registration statement on Form F-6 relating to the VWAP ADSs and the Commitment ADSs for registration under the Securities Act (the “ADS Registration Statement”), and the ADS Registration Statement shall have been declared effective under the Securities Act by the Commission.

  • The issuance and sale of the VWAP ADSs issuable pursuant to the applicable VWAP Purchase Notice shall not (a) exceed the applicable VWAP Purchase Maximum Amount, or (b) cause the Beneficial Ownership Limitation to be exceeded.

  • The Commitment Ordinary Shares to be issued and delivered to the Investor pursuant to Section 10.1(ii) hereof will be, and the Ordinary Shares to be represented by the VWAP ADSs to be purchased by the Investor pursuant to a particular VWAP Purchase Notice will be, prior to the delivery to the Investor hereunder of such VWAP Purchase Notice, duly authorized by all necessary corporate action on the part of the Company.

  • The proceeds from the sale of the VWAP ADSs by the Company to the Investor shall be used by the Company and its Subsidiaries in the manner as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement.