Common use of Ownership Restrictions Clause in Contracts

Ownership Restrictions. Notwithstanding any provision of this Receipt or of the Deposit Agreement, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, the SFC, the TSE or Articles of Incorporation of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of ADSs where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Incorporation of the Company.

Appears in 7 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Siliconware Precision Industries Co LTD), Deposit Agreement (Advanced Semiconductor Engineering Inc)

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Ownership Restrictions. Notwithstanding any provision of this Receipt or of the Deposit Agreement, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that proposed transfer is in violation of applicable laws, rules and regulations (including where such transfer might result in ownership of Shares exceeding limits imposed by under applicable lawlaws and regulations), or the SFC, the TSE or Articles of Incorporation Association and Memorandum of Association of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of ADSs where the proposed transfer is in violation of applicable laws, rules and regulations (including where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits). The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the a mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities Shares represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Incorporation Association and Memorandum of Association of the Company.

Appears in 6 contracts

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

Ownership Restrictions. Notwithstanding any other provision of this Receipt or of the Deposit AgreementAgreement or this Receipt, the Trustee and the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares Deposited Securities where the Company informs the Depositary that such transfer might result in ownership of Shares Shares, Eligible Securities or Deposited Securities exceeding limits imposed by the Trust, applicable law, law or the SFC, the TSE or Articles of Incorporation Estatutos of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of ADSs where such transfer may result in the total number of Shares, Shares or Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including including, but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights (if any) or the a mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if if, and to the extent extent, such disposition is permitted by applicable law or regulations and the Articles of Incorporation Estatutos of the Company.

Appears in 6 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Cemex Sab De Cv), Deposit Agreement (Citibank,N.A./ADR)

Ownership Restrictions. Notwithstanding any provision of this Receipt or of the Deposit Agreement, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, the SFC, the TSE or Articles of Incorporation of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of ADSs where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion discretion, but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Incorporation of the Company.

Appears in 6 contracts

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

Ownership Restrictions. Notwithstanding any other provision of in this Receipt Deposit Agreement or of the Deposit Agreementany Receipt, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that proposed transfer is in violation of applicable laws, rules and regulations (including where such transfer might result in ownership of Shares exceeding limits imposed by applicable lawlaw and regulations), or the SFC, the TSE or Articles of Incorporation Association and Memorandum of Association of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of ADSs the American Depositary Shares where the proposed transfer is in violation of applicable laws, rules and regulations (including where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs American Depositary Shares beneficially owned by a single Holder or Beneficial Owner to exceed any such limits). The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including including, but not limited to, the imposition of restrictions on the transfer of ADSsAmerican Depositary Shares, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities Shares represented by the ADSs American Depositary Shares held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Incorporation Association and Memorandum of Association of the Company.

Appears in 4 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Rediff Com India LTD), Deposit Agreement (Rediff Communication LTD)

Ownership Restrictions. Notwithstanding any other provision of this Receipt or of in the Deposit Agreement, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by under applicable law, the SFC, the TSE or the Articles of Incorporation of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of ADSs where such transfer may result in the total number of Shares, Deposited Securities Eligible Securities, or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including but not limited to, to the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Incorporation of the Company.

Appears in 3 contracts

Samples: Deposit Agreement (United Microelectronics Corp), Deposit Agreement (United Microelectronics Corp), Deposit Agreement (United Microelectronics Corp)

Ownership Restrictions. Notwithstanding any other provision of in this Receipt Deposit Agreement or of the Deposit Agreementany Receipt, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, the SFC, the TSE or the Articles of Incorporation of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares, Deposited Securities Securities, or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion discretion, but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including including, but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Incorporation of the Company.

Appears in 2 contracts

Samples: Deposit Agreement (Au Optronics Corp), Deposit Agreement (Au Optronics Corp)

Ownership Restrictions. Notwithstanding any other provision of this Receipt or of contained in the Deposit AgreementAgreement or any ADR(s) to the contrary, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, law or the SFC, the TSE or Amended and Restated Articles of Incorporation and Bylaws of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including including, but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities Shares represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Amended and Restated Articles of Incorporation and Bylaws of the Company. Nothing herein shall be interpreted as obligating the Depositary or the Company to ensure compliance with the ownership restrictions described in this Section 3.5.

Appears in 2 contracts

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

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Ownership Restrictions. Notwithstanding any other provision of in this Receipt or of the Deposit Agreement, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, law or the SFC, the TSE or Memorandum and Articles of Incorporation Association of the Company. The Company may also restrict, in such manner as it deems appropriateappropriate in its sole discretion, transfers of ADSs the American Depositary Shares where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs American Depositary Shares beneficially owned by a single Holder Owner or Beneficial Owner to exceed any such limitsapplicable law or the Company’s Memorandum and Articles of Association. The Company may, in such manner as it deems appropriate in its sole discretion (but subject to applicable law), instruct the Depositary to take action with respect to the ownership interest of any Holder Owner or Beneficial Owner in excess of the limits limitation set forth in the preceding sentence, including including, but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the a mandatory sale or disposition on behalf of a Holder the Owner or Beneficial beneficial Owner of the Deposited Securities represented by the ADSs Shares held by such Holder Owner or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law law. Without prejudice to the foregoing, the Company may also impose any and all restrictions in respect of any American Depositary Shares as it is entitled to impose in respect of the Shares represented by such American Depositary Shares pursuant to the Company’s Memorandum and Articles of Incorporation Association, as in force from time to time, including, without limitation, the removal or limitation of voting rights, the Companywithholding of dividends or other monies payable on such Shares or any payments to be made pursuant to this Deposit Agreement in respect thereof and restrictions on the transfer of such shares.

Appears in 2 contracts

Samples: Deposit Agreement (Hikma Pharmaceuticals PLC), Deposit Agreement (Hikma Pharmaceuticals PLC)

Ownership Restrictions. Notwithstanding any other provision of contained in this Receipt ADR or of the Deposit AgreementAgreement to the contrary, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, law or the SFC, the TSE or Amended and Restated Articles of Incorporation and Bylaws of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities Shares represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Amended and Restated Articles of Incorporation and Bylaws of the Company. Nothing herein or in the Deposit Agreement shall be interpreted as obligating the Depositary or the Company to ensure compliance with the ownership restrictions described herein or in Section 3.5 of the Deposit Agreement.

Appears in 2 contracts

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

Ownership Restrictions. Notwithstanding any other provision of this Receipt or of in the Deposit AgreementAgreement or any ADR, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, the SFCEstablishing Resolution, or the TSE or Articles of Incorporation Bylaws of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed of ADSs or Group of Holders or Beneficial Owners of ADSs exceeding any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner of ADSs in excess of the limits set forth in the preceding sentenceany such limits, including including, but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner or Group of Holders or Beneficial Owners of the Deposited Securities Shares represented by the ADSs held by such Holder or Beneficial Owner or Group of Holders or Beneficial Owners in excess of such limitations, if and to the extent such disposition is permitted by applicable law law, the Establishing Resolution and the Articles of Incorporation Bylaws of the Company. Nothing herein shall be interpreted as obligating the Depositary or the Company to ensure compliance with any applicable ownership restrictions described in this Section 3.5. In determining any ownership restrictions, the Company may consider a Holder’s or Beneficial Owner’s holdings or a Group of Holders’ or Beneficial Owners’ holdings of both ADSs and Shares.

Appears in 1 contract

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

Ownership Restrictions. Notwithstanding any provision of this Receipt or of the Deposit Agreement, the The Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding certain limits imposed by under applicable law, law or under the SFC, the TSE or Company's Articles of Incorporation of the CompanyIncorporation. The Company may also restrict, in such manner as it deems appropriate, transfers of ADSs where such transfer may would result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs beneficially owned by a single Holder or Beneficial Owner holder to exceed fifteen percent (15%) of the aggregate number of Shares of the Company then issued and outstanding or any such limitsother limits under applicable law or the Company's Articles of Incorporation with respect to which the Company may, from time to time, notify the Depositary. The Company Company, may, in its sole discretion but subject to applicable lawdiscretion, instruct the Depositary to take action with respect to the beneficial ownership interest of any Holder or Beneficial Owner who holds ADSs in excess of the limits limitation set forth in the preceding sentence, including but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf and for the account of a Holder or Beneficial Owner of the Deposited Securities Shares represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitationslimitations (and the cancellation of such ADSs), if and to the extent such disposition is permitted by applicable law and law. Nothing herein shall be interpreted as obligating the Articles of Incorporation of Depositary to ensure compliance with the Companyownership restrictions described in this Section 3.05.

Appears in 1 contract

Samples: Deposit Agreement (Kt Corp)

Ownership Restrictions. Notwithstanding any other provision of contained in this Receipt ADR or of the Deposit AgreementAgreement to the contrary, the Company may restrict transfers of the Shares, Eligible Securities or securities convertible into Shares where the Company informs the Depositary that such transfer might result in ownership of Shares exceeding limits imposed by applicable law, law or the SFC, the TSE or Articles of Incorporation By-Laws of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares, Deposited Securities or securities convertible into Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or the mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Deposited Securities Shares represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Incorporation By-Laws of the Company. Nothing herein or in the Deposit Agreement shall be interpreted as obligating the Depositary or the Company to ensure compliance with the ownership restrictions described herein or in Section 3.5 of the Deposit Agreement.

Appears in 1 contract

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

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