Common use of Distribution in Shares Clause in Contracts

Distribution in Shares. If any distribution upon ---------------------- Deposited Securities consists of a dividend in, or free distribution of, Shares, the Depositary may, and shall if the Company so requests, distribute to the Registered Holders of Receipts on the record date fixed pursuant to Section 4.06 hereof, in proportion to the number of American Depositary Shares held by each of them, respectively, additional Receipts in the same form for an aggregate number of American Depositary Shares representing the amount of Shares received as such dividend or free distribution, subject to the terms and conditions of this Deposit Agreement with respect to the deposit of Shares and the issuance of American Depositary Shares evidenced by Receipts, including the withholding of any tax or other governmental charge as provided in Section 4.12 hereof and the payment of the fees, expenses and charges of the Depositary as provided in Section 5.09 hereof and Exhibit B hereto. In lieu of delivering Receipts for fractional American Depositary Shares the Depositary may, in its discretion, sell the amount of Shares represented by the aggregate of such fractions, at public or private sale, at such place or places and upon such terms as it may deem proper, and distribute the net proceeds of any such sale in accordance with Section 4.01 hereof. If additional Receipts are not so distributed (except as pursuant to the preceding sentence), each American Depositary Share shall thenceforth also represent its proportionate interest in the additional Shares so distributed upon such Deposited Securities.

Appears in 6 contracts

Samples: Deposit Agreement (Infosys Technologies LTD), Deposit Agreement (Infosys Technologies LTD), Deposit Agreement (Infosys Technologies LTD)

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Distribution in Shares. If any distribution upon ---------------------- Deposited Securities consists of a dividend in, or free distribution of, Shares, the Depositary may, and shall if the Company so requests, distribute to the Registered Holders Owners of Receipts on the record date fixed pursuant to Section 4.06 hereof, in proportion to the number of American Depositary Shares held by each of them, respectively, additional Receipts in the same form for an aggregate number of American Depositary Shares representing the amount of Shares received as such dividend or free distribution, subject to the terms and conditions of this Deposit Agreement with respect to the deposit of Shares and the issuance of American Depositary Shares evidenced by Receipts, including the withholding of any tax or other governmental charge as provided in Section 4.12 4.11 hereof and the payment of the fees, expenses and charges of the Depositary as provided in Section 5.09 hereof and Exhibit B heretohereof. The Depositary may withhold any such distribution of Receipts if it has not received reasonably satisfactory assurances from the Company that such distribution does not require registration under the Securities Act or is exempt from registration under the provisions of such Act. In lieu of delivering Receipts for fractional American Depositary Shares Shares, the Depositary may, in its discretion, sell the amount of Shares represented by the aggregate of such fractions, at public or private sale, at such place or places and upon such terms as it may deem proper, and distribute the net proceeds of any such sale in accordance with Section 4.01 hereof. If additional Receipts are not so distributed (except as pursuant to the preceding sentence), each American Depositary Share shall thenceforth also represent its proportionate interest in the additional Shares so distributed upon such Deposited Securities.

Appears in 2 contracts

Samples: Deposit Agreement (Absa Group /Fi), Deposit Agreement (Absa Group /Fi)

Distribution in Shares. If any distribution upon ---------------------- any Deposited Securities consists of a dividend in, or free distribution of, Shares, the Company shall cause such Shares to be deposited with the Custodian and registered, as the case may be, in the name of the Depositary, the Custodian or any of their nominees. Upon receipt of confirmation of such deposit from the Custodian, the Depositary mayshall establish the ADS Record Date upon the terms described in Section 4.7 and shall, and shall if the Company so requestssubject to Section 5.9, either (i) distribute to the Registered Holders as of Receipts on the record date fixed pursuant to Section 4.06 hereof, ADS Record Date in proportion to the number of American Depositary Shares held by each as of them, respectivelythe ADS Record Date, additional Receipts American Depositary Shares, which represent in the same form for an aggregate the number of American Depositary Shares representing the amount of Shares received as such dividend dividend, or free distribution, subject to the other terms and conditions of this Deposit Agreement with respect to (including, without limitation, (a) the deposit of Shares applicable fees and charges of, and customary expenses incurred by, the issuance of Depositary and (b) taxes), or (ii) if additional American Depositary Shares evidenced are not so distributed, each American Depositary Share issued and outstanding after the ADS Record Date shall, to the extent permissible by Receiptslaw, including thenceforth also represent rights and interests in the withholding additional Shares distributed upon the Deposited Securities represented thereby (net of any tax or other governmental charge as provided in Section 4.12 hereof and (a) the payment of the fees, expenses applicable fees and charges of of, and customary expenses incurred by, the Depositary as provided in Section 5.09 hereof and Exhibit B hereto(b) taxes). In lieu of delivering Receipts for fractional American Depositary Shares Shares, the Depositary may, in its discretion, shall sell the amount number of Shares represented by the aggregate of such fractions, at public or private sale, at such place or places and upon such terms as it may deem proper, fractions and distribute the net proceeds of any such sale in accordance with Section 4.01 hereof. If additional Receipts are not so distributed (except as pursuant to the preceding sentence), each American Depositary Share shall thenceforth also represent its proportionate interest in the additional Shares so distributed upon such Deposited Securities.the

Appears in 1 contract

Samples: Deposit Agreement (BCD Semiconductor Manufacturing LTD)

Distribution in Shares. If any distribution upon ---------------------- any Deposited Securities consists of a dividend in, or stock split in the nature of a free distribution of, Shares, the Depositary may, and shall if the Company Issuer shall so requestsrequest, distribute to the Registered Holders Owners of outstanding Receipts on the record date fixed pursuant to Section 4.06 hereofentitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by each of them, them respectively, additional Receipts in the same form for evidencing an aggregate number of American Depositary Shares representing the amount of Shares received as such dividend or free distribution, subject to the terms and conditions of this the Deposit Agreement with respect to the deposit of Shares and the issuance of American Depositary Shares evidenced by Receipts, including the withholding of any tax or other governmental charge as provided in Section 4.12 hereof 4.11 and the payment of the fees, expenses and charges fees of the Depositary as provided in Section 5.09 hereof and Exhibit B hereto5.9. The Depositary may withhold any such distribution of Receipts if it has not received satisfactory assurances from the Issuer that such distribution does not require registration under the Securities Act of 1933 or is exempt from registration under the provisions of Such Act. In lieu of delivering Receipts for fractional American Depositary Shares in any such case, the Depositary may, in its discretion, shall sell the amount of Shares represented by the aggregate of such fractions, at public or private sale, at such place or places and upon such terms as it may deem proper, fractions and distribute the net proceeds of any such sale proceeds, all in accordance with the manner and subject to the conditions described in Section 4.01 hereof4.1. If additional Receipts are not so distributed (except as pursuant to the preceding sentence)distributed, each American Depositary Share shall thenceforth also represent its proportionate interest in the additional Shares so distributed upon such the Deposited SecuritiesSecurities represented thereby.

Appears in 1 contract

Samples: Deposit Agreement (Crosswave Communications Inc /Adr/)

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Distribution in Shares. If any distribution upon ---------------------- Deposited Securities consists of a dividend in, or free distribution of, Shares, the Depositary may, and shall if the Company so requests, may distribute to the Registered Holders of Receipts on the record date fixed pursuant to Section 4.06 hereof, in proportion to the number of American Depositary Shares held by each of them, respectively, additional Receipts in the same form for an aggregate number of American Depositary Shares representing the amount of Shares received as such dividend or free distribution, subject to remainder of this Section 4.03 and the terms and conditions of this Deposit Agreement with respect to the deposit of Shares and the issuance of American Depositary Shares evidenced by Receipts, including the withholding of any tax or other governmental charge as provided in Section 4.12 hereof and the payment of the fees, expenses and charges of the Depositary as provided in Section 5.09 hereof and Exhibit B heretohereof. In lieu of delivering Receipts for fractional American Depositary Shares the Depositary may, in its discretion, sell the amount of Shares represented by the aggregate of such fractions, at public or private sale, at such place or places and upon such terms as it may deem proper, and distribute the net proceeds of any such sale in accordance with Section 4.01 hereof. If additional Receipts are not so distributed (except as pursuant to the preceding sentence), each American Depositary Share shall thenceforth also represent its proportionate interest in the additional Shares so distributed upon such Deposited Securities. The Depositary may withhold any such distribution of Receipts if it has not received satisfactory assurances from the Company (including an opinion of counsel to the Company furnished at the expense of the Company) that such distribution does not require registration under the Securities Act or is exempt from registration under the provisions of the Securities Act. To the extent such distribution may be withheld, the Depositary may dispose of all or a portion of such distribution in such amounts and in such manner, including by public or private sale, as the Depositary deems necessary and practicable, and the Depositary shall distribute the net proceeds of any such sale (after deduction of applicable (a) taxes and/or governmental charges and (b) fees and charges of, and expenses incurred by, the Depositary) to Registered Holders entitled thereto upon the terms described in Section 4.01.

Appears in 1 contract

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

Distribution in Shares. If any distribution upon ---------------------- any Deposited Securities consists of a dividend in, or of free distribution of, Shares, the Company shall cause such Shares to be deposited with the Custodian and registered, as the case may be, in the name of the Depositary, the Custodian or any of their respective nominees. Upon receipt of confirmation of such deposit from the Custodian, the Depositary mayshall establish the ADS Record Date upon the terms described in Section 4.9 and either (i) the Depositary shall, and shall if the Company so requestssubject to Section 5.9 hereof, distribute to the Registered Holders as of Receipts on the record date fixed pursuant to Section 4.06 hereof, ADS Record Date in proportion to the number of American Depositary Shares held by each as of them, respectivelythe ADS Record Date, additional Receipts American Depositary Shares, which represent in the same form for an aggregate the number of American Depositary Shares representing the amount of Shares received as such dividend dividend, or free distribution, subject to the other terms and conditions of this Deposit Agreement with respect to (including, without limitation, (a) the deposit of Shares applicable fees and charges of, and expenses incurred by, the issuance of Depositary and (b) taxes), or (ii) if additional American Depositary Shares evidenced by Receipts, including the withholding of any tax or other governmental charge as provided in Section 4.12 hereof and the payment of the fees, expenses and charges of the Depositary as provided in Section 5.09 hereof and Exhibit B hereto. In lieu of delivering Receipts for fractional American Depositary Shares the Depositary may, in its discretion, sell the amount of Shares represented by the aggregate of such fractions, at public or private sale, at such place or places and upon such terms as it may deem proper, and distribute the net proceeds of any such sale in accordance with Section 4.01 hereof. If additional Receipts are not so distributed (except as pursuant to the preceding sentence)distributed, each American Depositary Share shall issued and outstanding after the ADS Record Date shall, to the extent permissible by law, thenceforth also represent its proportionate interest rights and interests in the additional integral number of Shares so distributed upon such the Deposited Securities.Securities represented thereby (net of (a) the applicable fees and charges of, and expenses incurred by, the Depositary and (b) taxes). In

Appears in 1 contract

Samples: Deposit Agreement (Energy Co of Minas Gerais)

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