Common use of Fixing of Record Date Clause in Contracts

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenient, the Depositary shall, after consultation with the Company, fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval for the determination of the Owners who shall be (a) entitled (i) to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, (ii) to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement. Subject to the provisions of Sections 4.01 through 4.04 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectively.

Appears in 6 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

AutoNDA by SimpleDocs

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or --------------------- other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee shall be issued, with respect to charged by the Deposited SecuritiesTrustee under Section 5.6, or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the number composition of Shares that are represented by each American Depositary Sharethe securities which must be deposited for issuance of Receipts, or whenever the Depositary Trustee shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenientconvenient in respect of any matter, the Depositary shall, after consultation with the Company, Trustee shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, dividend or distribution or rights, or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to receive American Depositary Shares representing pay such changed number of Sharesfee, or (b) responsible for any fee on or charges assessed after which each Receipt will represent such changed group of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Depositary pursuant to this Deposit AgreementSecurities Issuer. Subject to the provisions of Sections 4.01 through 4.04 and to the other terms and conditions of this Deposit the Depositary Trust Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary Trustee with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof thereof, or to give voting instructions instructions, or to act in proportion respect of any other such matter, or shall be obligated to the number of American Depositary Shares held by them, respectivelypay such fee.

Appears in 6 contracts

Samples: Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Preference Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Preference Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, shall be as near as practicable to the extent practicable, be the same as the any corresponding record date fixed set by the Company or Indeval Company) (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Preference Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of any other such matter.

Appears in 5 contracts

Samples: Regulation S Deposit Agreement (Lloyds Banking Group PLC), Regulation S Deposit Agreement (Lloyds Banking Group PLC), Rule 144a Deposit Agreement (Lloyds Banking Group PLC)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, date which date shall, to the extent reasonably practicable, be the same as date, if any, applicable to the record date fixed by the Company or Indeval Deposited Securities (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, (b) on or (iii) to receive after which each American Depositary Shares representing such Share will represent the changed number of Shares, Shares or (bc) for the determination of the Owners who shall be responsible for any the fee or charges assessed by the Depositary pursuant to this Deposit AgreementSection 5.09 hereof for inspection of the Share Register maintained by the Russian Share Registrar. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 5 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ojsc Polyus Gold), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever Securities entitled to receive any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights shall to be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval for the determination of the Owners Holders who shall be (a) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) to vote or to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares, or (b) responsible for any fee or charges assessed Shares represented by the each American Depositary pursuant to this Deposit AgreementShare. Subject to the provisions of Sections 4.01 4.02 through 4.04 4.07 of the Deposit Agreement and to the other terms and conditions of this Deposit Agreement, the Owners Holders at the close of business on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or of such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyor to vote or to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

Appears in 4 contracts

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or if the Depositary has the right to vote the Shares or other Deposited Securities represented by the American Depositary Shares, whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, Securities or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, shall be as near as practicable to the extent practicable, be the same as the any corresponding record date fixed set by the Company or Indeval Issuer (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give or to forward instructions for the exercise of voting rights at any such meeting meeting, or (iii) iii)entitled to receive American Depositary Shares representing information on such changed number of Sharesmeetings as provided in the Deposit Agreement, or (b) responsible for any fee fixing the date on or charges assessed by after which each American Depositary Share will represent the Depositary pursuant to this Deposit Agreementchanged number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 of the Deposit Agreement and to the other terms and conditions of this the Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto exercise the rights of Owners under the Deposit Agreement with respect to such changed number of Shares and to act in respect of any other such matter.

Appears in 4 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, or whenever the Depositary shall receive notice of any cash dividend meeting of holders of Shares or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, shall be the same as, or as the near as practicable to, any corresponding record date fixed set by the Company or Indeval Company, (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 4 contracts

Samples: Deposit Agreement (BrasilAgro - Brazilian Agricultural Real Estate Co), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary ShareADS, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, shall either (x) be the same date as the record date fixed by the Company Company, or Indeval (y) if different from the record date fixed by the Company, be as near as is practicable to such record date (a) for the determination of the Owners Holders who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at at, and to attend (without voting or speaking), any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after the date on which each ADS will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares ADSs held by themthem respectively and to give voting instructions and to attend such meeting (without voting or speaking) and to act in respect of any other such matter, respectivelyor shall be responsible for such fee or charges.

Appears in 4 contracts

Samples: Deposit Agreement (Kookmin Bank), Deposit Agreement (KB Financial Group Inc.), Deposit Agreement (Kookmin Bank)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, to the extent practicable, shall be the same as, or as the near as practicable to, any corresponding record date fixed for Shares by the Company or Indeval Company) (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of any other such matter.

Appears in 3 contracts

Samples: Deposit Agreement (Eidos PLC), Deposit Agreement (Autonomy Corp PLC), Deposit Agreement (ReGen Therapeutics PLC)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting meeting, solicitation of consents or proxies of holders of Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, shall be the same as the corresponding record date fixed set by the Company Issuer with respect to Shares, if any, or Indeval as soon thereafter as reasonably practicable, (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, to give or withhold such consents, to receive such notice or solicitation or to otherwise take action or (iiib) to receive on or after which each American Depositary Shares representing such Share will represent the changed number of Shares, or (b) responsible for any fee or charges assessed by . The Issuer shall give the Depositary pursuant timely notice of any corporate action under Sections 4.1 through 4.5 and Sections 4.7 and 4.8 to facilitate coordination of such corporate action for Owners and Beneficial Owners to the extent required under this Deposit Agreement, including, without limitation, fixing an appropriate record date. Subject to applicable law and the provisions of Sections 4.01 4.1 through 4.04 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners at the close of business in New York on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively and to give voting instructions, respectivelyto give or withhold such consents, to receive such notice or solicitation and to act in respect of any other such matter.

Appears in 3 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Coca-Cola Hellenic Bottling Co Sa), Deposit Agreement (Citibank,N.A./ADR)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, shall be the same as, or as the near as practicable to, any corresponding record date fixed set by the Company or Indeval Company, (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit AgreementAgreement or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of any other such matter, as the case may be.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Global Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, shall be the same as, or as the near as practicable to, any corresponding record date fixed set by the Company or Indeval company with respect to Shares, (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each Global Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Global Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. The Depositary shall establish the record date for the American Depositary Shares as the same date as, or as near as practicable to, the record date (if any) applicable to the Deposited Securities. Subject to the provisions of Sections 4.01 through 4.04 4.05, 4.07 and 4.08 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of any other such matter.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Gol Intelligent Airlines Inc.), Deposit Agreement (Gol Intelligent Airlines Inc.)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of owners of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it reasonably necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, date which date shall, to the extent practicable, shall be the same as near the record date fixed by for the Company Shares or Indeval other Deposited Securities as practicable (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) obligated to receive pay any charges pursuant to clause (8) of Section 5.09 or (b) on or after the date as of which each American Depositary Shares representing such Share will represent the changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (China Mobile LTD /Adr/), Deposit Agreement (China Mobile Hong Kong LTD /Adr/)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares Deposited Securities entitled to receive any distribution (whether in cash, Shares, rights, or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Deposited Securitiesdistribution), or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of or solicitation of holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter (including setting the record date for Holders responsible for any fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement), the Depositary shall, after consultation with the Company, fix a record date, which date shall, to (the extent practicable, be the same as the record date fixed by the Company or Indeval "ADS Record Date") for the determination of the Owners Holders of Receipts who shall be (a) entitled (i) to receive such dividend, distribution or rightsdistribution, or the net proceeds of the sale thereof, (ii) to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares, Shares represented by each American Depositary Share or (b) for determining those Holders responsible for any fee or fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement. 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). Subject to applicable law and the provisions of Sections 4.01 Section 4.1 through 4.04 4.8 and to the other terms and conditions of this Deposit Agreement, only the Owners Holders of Receipts at the close of business on such record date ADS Record Date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or distribution, to give such voting instructions in proportion instructions, to the number of American Depositary Shares held by themreceive such notice or solicitation, respectivelyor otherwise take action.

Appears in 2 contracts

Samples: Deposit Agreement (TNT N.V./ADR), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shallshall be the same date, to the extent practicable, be the same as the record date fixed by date, if any, for the Company Deposited Securities or Indeval if different, as close thereto as is practicable (the “ADS Record Date”) (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges charge assessed by the Depositary pursuant to this Deposit AgreementAgreement or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date the ADR Record Date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 2 contracts

Samples: Deposit Agreement (Osmetech PLC), Deposit Agreement (Osmetech PLC)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights the Trustee receives notice of any meeting of or solicitation of proxies from holders of any Underlying Securities, or whenever a fee shall be issued, with respect to charged by the Deposited SecuritiesTrustee under Section 5.6(a)(3), or whenever for any reason there is a reconstitution or other event under the Depositary Trust Agreement that causes a change in the number composition of Shares that are represented by each American Depositary Sharethe Securities which must be deposited for issuance of Receipts, or whenever the Depositary Trustee shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenientconvenient in respect of any matter, the Depositary shall, after consultation with the Company, Trustee shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, dividend or distribution or rights, or the net proceeds of the sale thereof, (ii) entitled to give instructions to the Trustee for the exercise of voting rights at any such meeting or solicitation or (iii) required to receive American Depositary Shares representing pay such changed number of Sharesfee, or (b) responsible for any fee on or charges assessed after which each Receipt will represent such changed group of Securities. In the case of subsections (a)(i) and (a)(ii) of this Section 4.5, the Trustee shall use its reasonable efforts to ensure that, to the extent practicable, the record date set hereunder will be the same as the record date set by the Depositary pursuant to this Deposit AgreementSecurities Issuer. Subject to the provisions of Sections 4.01 through 4.04 and to the other terms and conditions of this Deposit Agreementthe Depositary Trust Agreement and Section 5.6(a) hereof, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary Trustee with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof thereof, or to give voting instructions instructions, or to act in proportion respect of any other such matter, or shall be obligated to the number of American Depositary Shares held by them, respectivelypay such fee.

Appears in 2 contracts

Samples: Trust Agreement (Epoch Securities Inc), Trust Agreement (Epoch Securities Inc)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Shares or Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares CPOs that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of CPOs (including notices of any meeting of holders of the Shares underlying the CPOs) or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, shall be as near as practicable to the extent practicablerecord date, be if any, for CPOs or such Shares set by the same CPO Trustee or the Issuer, as the record date fixed by the Company or Indeval case may be, (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of CPOs. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 2 contracts

Samples: Deposit Agreement (Vitro Sa De Cv), Deposit Agreement (Vitro Sab De Cv)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable is to be declared and paid or any distribution other than cash shall is to be declared and made, or whenever rights shall are to be issued, issued with respect to the Deposited Securities, or whenever whenever, for any reason reason, the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive receives notice of any meeting of or solicitation of consents or proxies from holders of Shares or other Deposited Securities, or whenever the Company or the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, shall (i) to the extent practicable, be the same date that holders of Shares or other Deposited Securities shall be entitled to receive or exercise such rights, and (ii) with respect to record dates that are not the same as the corresponding record date fixed set by the Company or Indeval Company, be fixed only after Consultation with the Company) (i) for the determination of the Owners Holders who shall be entitled (a) entitled (i) to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, thereof or (iib) to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) to receive information as to such meeting, or (ii) on or after which each American Depositary Shares representing such Share will represent the changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.6 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions exercise the rights of Holders hereunder with respect to such changed number of Shares represented by each American Depositary Share in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 2 contracts

Samples: Deposit Agreement (Basf Aktiengesellschaft), Deposit Agreement (Basf Aktiengesellschaft /Fa/)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, in each case with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenientfor any other reason, the Depositary shallshall fix a record date, which date shall (x) be the same date as the record date fixed by the Company, if any, to the extent practicable, or (y) if different from the record date fixed by the Company, be as near as practicable to the corresponding record date set by the Company and, if more than five business days after such record date, after consultation with the Company, fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, (b) on or (iii) to receive after which each American Depositary Shares representing such Share will represent the changed number of Shares, or (bc) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreementother reason. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themeach of them respectively and to give voting instructions and to act in respect of any other such matter. The Company agrees to provide the Depositary with not less than 10 days' prior notice of any meeting of shareholders or of the Board of Directors of the Company, respectivelythe agenda for which includes authorization for the declaration of a dividend; provided, however, that if the date for any such meeting is fixed less than 10 days prior to such meeting or the Company does not know, 10 days prior to such meeting, that a dividend may be declared at any such meeting, then the Company shall give such notice to the Depositary as promptly as practicable after such date is fixed or the Company learns that a dividend may be declared.

Appears in 2 contracts

Samples: Deposit Agreement (Brazilian Distribution Co Companhia Brasileira De Distr CBD), Deposit Agreement (Brazilian Distribution Co Companhia Brasileira De Distr CBD)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, to the extent practicable, shall be the same as the record date fixed established by the Company (if any) or Indeval as close thereto as reasonably practicable) (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash or rights shall be made, or whenever rights shall be issued, issued with respect to the Deposited SecuritiesSecurities (and the Depositary will not waive those rights in accordance with Section 4.4 of the Deposit Agreement), or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited SecuritiesSecurities in respect of which Owners are entitled to give instructions under Section 4.7 of the Deposit Agreement, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, shall be as near as practicable to the extent practicable, be the same as the any corresponding record date fixed set by the Company or Indeval Issuer (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give or to forward instructions for the exercise of voting rights at any such meeting meeting, or (iii) entitled to receive American Depositary Shares representing information on such changed number of Sharesmeetings as provided in the Deposit Agreement, or (b) responsible for any fee fixing the date on or charges assessed by after which each American Depositary Share will represent the Depositary pursuant to this Deposit Agreementchanged number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.5 of the Deposit Agreement and to the other terms and conditions of this the Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares evidenced by Receipts held by themthem respectively and to give voting instructions, respectivelyto exercise the rights of Owners under the Deposit Agreement with respect to such changed number of Shares and to act in respect of any other such matter.

Appears in 2 contracts

Samples: Deposit Agreement (National Bank of Greece Sa), Deposit Agreement (National Bank of Greece Sa)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares determines to charge the fees or other Deposited Securitiescollect expenses from all Owners referred to in Section 5.09, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) obligated to receive American the Depositary Shares representing in respect of such changed number of Sharesfees and/or expenses, or (b) responsible for any fee on or charges assessed by after which each American Depositary Share will represent the Depositary pursuant to this Deposit Agreementchanged number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions condi­tions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 2 contracts

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. The Depositary shall make reasonable efforts to set such record date as closely as possible to the applicable record date for the Deposited Securities (if any) set by the Company in the Republic of France. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares Common Stock or other Deposited SecuritiesSecurities or any other meeting of holders of the Company's securities at which holders of Common Stock or other Deposited Securities are entitled to vote, or whenever, for any reason, the Depositary causes a change in the number of shares of Common Stock that are represented by each ADS, or whenever the Depositary finds it necessary or convenientconvenient in respect of any matter, the Depositary shall, shall fix a record date after consultation with the Company, fix a record date, Company (which date shall, shall be as near as practicable to the extent practicable, be the same as the corresponding record date fixed for such distribution or meeting set by the Company or Indeval Company) for the determination of the Owners Holders who shall be (a) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) or to give instructions for the exercise of voting rights rights, if any, at any such meeting or (iii) to receive American Depositary Shares representing in respect of such changed number of Shares, shares of Common Stock represented by an ADS or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreementin respect of such other matter. Subject to the provisions of Sections 4.01 Section 4.02 through 4.04 4.06 and to the other terms and conditions of this Deposit Agreement, the Owners Holders on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or and to give voting instructions exercise the rights of Holders hereunder with respect to such changed number of shares of Common Stock represented by each ADS, in proportion to the number of American Depositary Shares ADSs held by themthem respectively, respectivelyto give such voting instructions, to receive such notice or solicitation or to act in respect of any matter.

Appears in 1 contract

Samples: Common Stock Deposit Agreement (Philippine Long Distance Telephone Co)

AutoNDA by SimpleDocs

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever Securities entitled to receive any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights shall to be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, fix a record date, which date shall, as close as practicable to the extent practicable, be the same as the record date fixed by the Company or Indeval in respect of the Shares for the determination of the Owners Holders of Receipts who shall be (a) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares, or (b) responsible for any fee or charges assessed Shares represented by the each American Depositary pursuant to this Deposit AgreementShare. Subject to the provisions of Sections 4.01 Section 4.02 through 4.04 4.08 and to the other terms and conditions of this Deposit Agreement, the Owners Holders of Receipts at the close of business on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyor to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Edp Energias De Portugal Sa)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever Securities entitled to receive any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights shall to be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, to the extent practicable, practicable shall be the same as the record date fixed set by the Company or Indeval Company) for the determination of the Owners Holders who shall be (a) entitled (i) to receive such dividend, distribution or rightsdistribution, rights or the net proceeds of the sale thereof, (ii) to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or whose Receipts shall evidence such changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement. Subject to the provisions of Sections 4.01 3.04 and 4.02 through 4.04 4.06 and to the other terms and conditions of this Deposit Agreement, the Owners Holders of Receipts at the close of business on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or thereof, to give voting instructions exercise the rights of Holders hereunder with respect to such changed number of Shares, in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyor to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Cable & Wireless Public Limited Co)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Global Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, to the extent practicable, be the same as the corresponding record date fixed for such Shares, if any, set by the Company or Indeval Issuer, subject to the requirements of applicable law and/or the regulations of any stock exchange on which the Global Depositary Shares may be listed (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Sharesnotice or solicitation or to otherwise take action, or (b) responsible for any fee on or charges assessed by after which each Global Depositary Share will represent the Depositary pursuant to this Deposit Agreementchanged number of Shares. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Global Depositary Shares held by themthem respectively and to give voting instructions, respectivelyto receive such notice or solicitation or to act in respect of any other such matter.

Appears in 1 contract

Samples: Deposit Agreement (Comercial Mexican Holding /Adr)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company Bank for the determination of holders of Shares or other Deposited Securities, whenever Securities entitled to receive any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever Shares, any rights shall to be issued, issued with respect to the Deposited Securities, or other distribution, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the CompanyBank, fix a record date, which date shallfor the determination of the Holders of Receipts (which, to the extent practicable, ; shall be the same as the corresponding record date fixed for Shares or other Deposited Securities set by the Company or Indeval for the determination of the Owners Bank) who shall be (a) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares, or (b) responsible for any fee or charges assessed Shares represented by the each American Depositary pursuant to this Deposit AgreementShare. Subject to the provisions of Sections 4.01 4.02 through 4.04 4.08 of the Deposit Agreement and to the other terms and conditions of this Receipt and the Deposit Agreement, the Owners Holders of Receipts at the close of business in New York on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyor to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Bank Bradesco)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of CPOs or other Deposited Securities or any meeting of holders of Shares with respect to which holders of Deposited Securities will be entitled to vote or give voting instructions, or whenever for any reason the Depositary causes a change in the number of Shares CPOs that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) responsible for any fee or charges charge assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of CPOs. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares determines to charge the fees or other Deposited Securitiescollect expenses from all Owners referred to in Section 5.09, or whenever the Depositary finds shall find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) obligated to receive American the Depositary Shares representing in respect of such changed number of Sharesfees and/or expenses, or (b) responsible for any fee on or charges assessed by after which each American Depositary Share will represent the Depositary pursuant to this Deposit Agreementchanged number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions condi-tions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 1 contract

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company Issuer for the determination of the holders of Shares or other Deposited Securities, whenever Securities entitled to receive any cash dividend or other cash distribution distribution, shall become payable or any distribution other than cash shall be made, or whenever anywhenever rights shall toshall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive find it necessary or convenientreceive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, be the same as the record date fixed by the Company or Indeval (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iiito establish the date(b) to receive on or after which each American Depositary Shares representing such Share will represent the changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement. Subject to the provisions of Sections 4.01 4.014.1 through 4.04 4.054.5 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or to receive such rights or the net proceeds of sale thereof or to give instructions for the exercise of such voting instructions rights in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 1 contract

Samples: Deposit Agreement (Australia & New Zealand Banking Group LTD)

Fixing of Record Date. Whenever the Depositary shall receive written notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever Securities entitled to receive any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be madeor Shares, or whenever any rights shall to be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive written notice of any meeting of holders of Shares or other Deposited Securities, Securities or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, shall fix a record datedate (which, which date shallwhere applicable, shall be as close as practicable to the extent practicable, be the same as date corresponding to the record date fixed by the Company or Indeval in respect of the Shares) for the determination of the Owners Holders of Receipts who shall be (a) entitled (i) to receive such dividend, distribution or rights, or the net proceeds of the sale thereof, (ii) or to give instructions for the exercise of voting rights at any such meeting or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or whose Receipts shall evidence such changed number of Shares, or (b) responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners Holders of Receipts on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other divided, distribution or such rights or the net proceeds of sale thereof or to give such voting instructions instructions, to receive such notice or solicitation, or otherwise take action in proportion to the number of American Depositary Shares held by them, them respectively.

Appears in 1 contract

Samples: Deposit Agreement (Amer Sports Corp /Fi)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders Holders of Shares or other Deposited Securities, whenever Securities entitled to receive any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be madecash, or whenever any rights shall to be issued, issued with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders Holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, ,fix a record date, which date shall(which, to the extent practicable, shall be the same as the any such record date fixed by the Company or Indeval Company) for the determination of the Owners Holders of Receipts who shall be (a) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, (ii) to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares, or (b) responsible for any fee or charges assessed Shares represented by the each American Depositary pursuant to this Deposit AgreementShare. Subject to the provisions of Sections 4.01 Section 4.02 through 4.04 4.08 and to the other terms and conditions of this Deposit Agreement, the. Holders of Receipts at the Owners close of business on such record date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyor to give such voting instructions, to receive such notice or solicitation, or otherwise take action.

Appears in 1 contract

Samples: Deposit Agreement (Manufacturas De Papel C a Manpa S a C a /Fi)

Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, or whenever the Depositary shall receive notice of any cash dividend meeting of holders of Shares or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall(which, to the extent practicable, shall be the same as the any corresponding record date fixed set by the Company or Indeval with respect to the Shares or, if different, as close thereto as reasonably practicable) (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of any other such matter.

Appears in 1 contract

Samples: Deposit Agreement (Triunfo Holding & Investments)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities, whenever any cash dividend Securities (which rights will be delivered to or other cash exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution shall become payable or any distribution other than cash shall issuance of that kind will be made, or whenever rights shall the Depositary receives notice that a meeting of, or solicitation of consents or proxies of, holders of Shares will be issued, with held in respect of which the Company has requested the Depositary to the Deposited Securitiessend a notice under Section 4.7, or whenever for any reason the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary otherwise finds it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, shall be the same as, or as the near as practicable to, any corresponding record date fixed set by the Company or Indeval with respect to Shares, (a) for the determination of the Owners (i) who shall be (a) entitled (i) to receive such dividend, the benefit of that dividend or other distribution or those rights, or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at any such that meeting or (iii) to receive American Depositary Shares representing such changed number of Shareswho shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) responsible for on or after which each American Depositary Share will represent the changed number of Shares and the Depositary shall not announce, without the Company’s consent, the establishment of any fee or charges assessed record date prior to the relevant corporate action having been made public by the Depositary pursuant to this Deposit Agreement. Company.. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on such a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to such that dividend or other distribution or such those rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

Samples: Deposit Agreement (Wisekey International Holding S.A.)

Fixing of Record Date. Whenever any cash dividend or other cash distribution shall become payable or any dividend or distribution other than cash shall be made, or whenever rights shall be issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, or whenever the Depositary shall receive notice of any cash dividend meeting of holders of Shares or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, shall be as near as practicable to the extent practicable, be the same as the any corresponding record date fixed set by the Company or Indeval Company) (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, subject to the provisions hereof, or in respect of such changed number of Deposited Securities represented by each American Depositary Share or in respect of such other matter or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners at the close of business on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of any other such matter.

Appears in 1 contract

Samples: Deposit Agreement (Inversiones Aguas Metropolitanas S.A.)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares Deposited Securities entitled to receive any distribution (whether in cash, Shares, rights, or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, with respect to the Deposited Securitiesdistribution), or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of or solicitation of holders of Shares or other Deposited Securities, or whenever the Depositary finds shall find it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter (including setting the record date for Holders responsible for any fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement), the Depositary shall, after consultation with the Company, fix a record date, which date shall, to (the extent practicable, be the same as the record date fixed by the Company or Indeval “ADS Record Date”) for the determination of the Owners Holders of ADSs who shall be (a) entitled (i) to receive such dividenddividend or distribution, distribution or rights, or the net proceeds of the sale thereof, (ii) to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to give or withhold such consent, or to receive American Depositary Shares representing such notice or solicitation or to otherwise take action, or to exercise the rights of Holders with respect to such changed number of Shares, Shares represented by each American Depositary Share or (b) for determining those Holders responsible for any fee or fees and/or charges assessed by the Depositary pursuant to this Deposit Agreement. 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). Subject to applicable law and the provisions of Sections 4.01 Section 4.1 through 4.04 4.8 and to the other terms and conditions of this Deposit Agreement, only the Owners Holders of ADSs at the close of business on such record date ADS Record Date shall be entitled to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or distribution, to give such voting instructions in proportion instructions, to the number of American Depositary Shares held by themreceive such notice or solicitation, respectivelyor otherwise take action.

Appears in 1 contract

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

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with shall fix a record date which shall be the same or as near as practicable to the record date set by the Company, fix a record dateif any, which date shall, to for the extent practicable, be the same as the record date fixed by the Company or Indeval Shares (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.01 through 4.04 4.05 and to the other terms and conditions condi­tions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by them, respectivelythem respectively and to give voting instructions and to act in respect of any other such matter.

Appears in 1 contract

Samples: Deposit Agreement (British Sky Broadcasting Group PLC)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of Shares or other Deposited Securities, whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or whenever rights shall be issued, issued with respect to the Deposited Securities, or whenever the Depositary shall receive notice of any meeting of holders of Preference Shares or other Deposited Securities, or whenever for any reason the Depositary causes a change in the number of Preference Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary finds find it necessary or convenient, the Depositary shall, after consultation with the Company, shall fix a record date, date (which date shall, shall be as near as practicable to the extent practicable, be the same as the any corresponding record date fixed set by the Company or Indeval Company) (a) for the determination of the Owners who shall be (ai) entitled (i) to receive such dividend, distribution or rights, rights or the net proceeds of the sale thereof, thereof or (ii) entitled to give instructions for the exercise of voting rights at any such meeting or (iii) to receive American Depositary Shares representing such changed number of Shares, or (b) who shall be responsible for any fee or charges assessed by the Depositary pursuant to this Deposit Agreement, or (b) on or after which each American Depositary Share will represent the changed number of Preference Shares. Subject to the provisions of Sections 4.01 4.0 l through 4.04 4.05 and to the other terms and conditions of this Deposit Agreement, the Owners on such record date shall be entitled entitled, as the case may be, to receive the amount distributable by the Depositary with respect to such dividend or other distribution or such rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of any other such matter.

Appears in 1 contract

Samples: Rule 144a Deposit Agreement (Lloyds Banking Group PLC)

Fixing of Record Date. Whenever the Depositary shall receive notice of the fixing of a record date by the Company for the determination of holders of cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities, whenever any cash dividend Securities (which rights will be delivered to or other cash exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution shall become payable or any distribution other than cash shall issuance of that kind will be made, or whenever rights shall the Depositary receives notice that a meeting of, or solicitation of consents or proxies of, holders of Shares will be issued, with held in respect of which the Company has requested the Depositary to the Deposited Securitiessend a notice under Section 4.7, or whenever for any reason the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary shall receive notice of any meeting of holders of Shares or other Deposited Securities, or whenever the Depositary otherwise finds it necessary or convenientconvenient in connection with the giving of any notice, solicitation of any consent or any other matter, the Depositary shall, after consultation with the Company, shall fix a record date, which date shall, to the extent practicable, shall be the same as, or as the near as practicable to, any corresponding record date fixed set by the Company or Indeval with respect to Shares, (a) for the determination of the Owners (i) who shall be (a) entitled (i) to receive such dividend, the benefit of that dividend or other distribution or those rights, or the net proceeds of the sale thereof, (ii) who shall be entitled to give instructions for the exercise of voting rights at any such that meeting or (iii) to receive American Depositary Shares representing such changed number of Shareswho shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) responsible for on or after which each American Depositary Share will represent the changed number of Shares and the Depositary shall not announce, without the Company's consent, the establishment of any fee or charges assessed record date prior to the relevant corporate action having been made public by the Depositary pursuant to this Deposit Agreement. Company.. Subject to the provisions of Sections 4.01 4.1 through 4.04 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on such a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to such that dividend or other distribution or such those rights or the net proceeds of sale thereof or to give voting instructions in proportion to the number of American Depositary Shares held by themthem respectively, respectivelyto give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Time is Money Join Law Insider Premium to draft better contracts faster.