Examples of Conversion ADSs in a sentence
The pledge of the Notes and charge of the Conversion ADSs shall not be deemed to be a transfer, sale or assignment of such securities hereunder, and by effecting such a pledge or charge the Holder shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Note.
In accordance with Section 175 of the Companies Law (2011 Revision) of the Cayman Islands, the Holder understands and agrees that in no event shall the Note or any Conversion ADSs be offered to the public or any member of the public in the Cayman Islands.
The Company acknowledges and agrees that the Notes and the Conversion ADSs may be pledged or charged by the Holder in connection with a bona fide margin agreement or other loan or financing arrangement.
The Company covenants that all Shares, represented by the ADSs issuable upon conversion of the Notes shall, upon issue, be duly authorized, validly issued, fully paid and non-assessable and, in the case of Conversion ADSs issued pursuant to any Conversion Notice delivered on or after the effective date of the Registration Statement (as defined in the Purchase Agreement), shall be registered for public resale in accordance with the Purchase Agreement.
The Company covenants that the certificates, if any, representing the ADRs to be issued to evidence any Conversion ADSs issued upon conversion of Notes will comply with applicable law.
To the extent reasonably necessary under applicable law, any certificate, book-entry notation or ADR representing Conversion ADSs which are issued following conversion of the Note and deposit of the Underlying Shares with the Depositary shall have endorsed, to the extent appropriate, upon its face the following words: THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT, OR THE SECURITIES LAWS OF ANY JURISDICTION.
Purchaser is able to bear the economic risk of holding the Notes and Conversion ADSs for an indefinite period and has sufficient knowledge and experience in financial and business matters so as to be capable of evaluating the merits and risk of its investment in the Note and Conversion ADSs.
All Conversion ADSs shall be entitled to rights to participate in all dividends and other distributions the record one of which falls after the date on which the Note has been surrendered for conversion at the principal office of the Company, as the case may be.
The Conversion ADSs will be duly authorized for listing on the New York Stock Exchange immediately upon (i) conversion of each Note in accordance with the terms of each Note and (ii) the issuance of the ADSs by the Depositary following the deposit of the Underlying Shares.
The Company covenants that all Conversion ADSs will, at all times that any Note is convertible, be duly approved for listing subject to official notice of issuance on the New York Stock Exchange.