Common use of Distributions Other Than Cash, Shares or Rights to Purchase Shares Clause in Contracts

Distributions Other Than Cash, Shares or Rights to Purchase Shares. (a) Whenever the Company intends to distribute to the holders of Deposited Securities property other than cash, Shares or rights to purchase additional Shares, the Company shall, to the extent not prohibited under applicable laws, give timely notice thereof to the Depositary and shall indicate whether or not it wishes such distribution to be made to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such distribution be made to Holders of ADSs, the Depositary shall consult with the Company, and the Company shall use reasonable efforts to assist the Depositary, to determine whether such distribution to Holders is lawful and reasonably practicable. The Depositary shall not make such distribution unless (i) the Company shall have requested the Depositary to make such distribution to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 and it would not cause the Company or the Depositary to violate applicable laws and regulations, and (iii) the Depositary shall have determined, after consultation with the Company, that such distribution is reasonably practicable.

Appears in 2 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)

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Distributions Other Than Cash, Shares or Rights to Purchase Shares. (a) Whenever the Company intends to distribute to the holders of Deposited Securities property other than cash, Shares or rights to purchase additional Shares, the Company shall, to the extent not prohibited under applicable laws, shall give timely notice thereof to the Depositary and shall indicate whether or not it wishes such distribution to be made to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such distribution be made to Holders of ADSs, the Depositary shall consult with the Company, and the Company shall use reasonable efforts to assist the Depositary, to determine consult whether such distribution to Holders is lawful and reasonably practicable. The Depositary shall not make such distribution unless (i) the Company shall have requested the Depositary to make such distribution to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 and it would not cause the Company or the Depositary to violate applicable laws and regulationslaw, and (iii) the Depositary Company shall have determined, after consultation with the CompanyDepositary, that such distribution is reasonably practicable.

Appears in 1 contract

Samples: Deposit Agreement (Citibank,N.A./ADR)

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Distributions Other Than Cash, Shares or Rights to Purchase Shares. (a) Whenever the Company intends to distribute to the holders of Deposited Securities property other than cash, Shares or rights to purchase additional Shares, the Company shall, to the extent not prohibited under applicable laws, shall give timely notice thereof to the Depositary and shall indicate whether or not it wishes such distribution to be made to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such distribution to be made to Holders of ADSs, the Depositary shall consult with the Company, and the Company shall use reasonable efforts to assist the Depositary, to determine whether such distribution to Holders is lawful and reasonably practicable. The Depositary shall not make such distribution unless (i) the Company shall have requested the Depositary to make such distribution to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 and it would not cause the Company or the Depositary to violate applicable laws and regulations, and (iii) the Depositary shall have determined, after consultation with the Company, to the extent practicable that such distribution is reasonably practicable.

Appears in 1 contract

Samples: Deposit Agreement (Citibank,N.A./ADR)

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