Depositary Fees Clause Examples
The Depositary Fees clause defines the financial obligations related to the payment of fees to the depositary, who is responsible for holding and safeguarding assets or securities on behalf of the parties. Typically, this clause outlines how and when the fees are to be paid, who bears the responsibility for payment, and may specify the method for calculating such fees, such as a fixed annual amount or a percentage of assets under custody. Its core practical function is to ensure transparency and prevent disputes by clearly allocating the costs associated with depositary services.
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Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary:
(1) Issuance of ADSs upon deposit Up to $5.00 per 100 ADSs (or Person for whom deposits are made of Shares (excluding fraction thereof) issued. or person receiving ADSs. issuances contemplated by paragraphs (3)(b) and (5) below). ----------------------------------------------------------------------------------------------------------------
(2) Delivery of Deposited Up to $5.00 per 100 ADSs (or Person surrendering ADSs or making Securities, property and fraction thereof) surrendered. withdrawal. cash against surrender of ADSs. ----------------------------------------------------------------------------------------------------------------
(3) Distribution of (a) cash No fee, so long as prohibited by Person to whom distribution is made. dividend or (b) ADSs the exchange upon which the ADSs pursuant to stock dividends are listed. If the charging of (or other free distribution such fee is not prohibited, the of stock). fees specified in (1) above shall be payable in respect of a distribution of ADSs pursuant to stock dividends (or other free distribution of stock) and the fees specified in (4) below shall be payable in respect of distributions of cash. ----------------------------------------------------------------------------------------------------------------
(4) Distribution of cash proceeds Up to $2.00 per 100 ADSs (or Person to whom distribution is made. (i.e., upon sale of rights fraction thereof) held. and other entitlements). ----------------------------------------------------------------------------------------------------------------
(5) Distribution of ADSs pursuant Up to $5.00 per 100 ADSs (or Person to whom distribution is made. to exercise of rights to fraction thereof) issued. purchase additional ADSs. ----------------------------------------------------------------------------------------------------------------
Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary:
(1) Issuance of ADSs upon deposit Up to U.S. $5.00 per 100 ADSs (or Person depositing Shares or person of Shares (excluding fraction thereof) issued. receiving ADSs. issuances as a result of distributions described in paragraph (4) below). ------------------------------------------------------------------------------------------------------------------- (2) Delivery of Deposited Up to U.S. $5.00 per 100 ADSs (or Person surrendering ADSs for Securities against surrender fraction thereof) surrendered. purpose of withdrawal of Deposited of ADSs. Securities or person to whom Deposited Securities are delivered. -------------------------------------------------------------------------------------------------------------------
Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary:
(1) Issuance of ADSs upon deposit of Shares (excluding issuances as a result of distributions described in paragraph (4) below). Up to U.S. $5.00 per 100 ADSs (or fraction thereof) issued. Person depositing Shares or person receiving ADSs.
(2) Delivery of Deposited Securities against surrender of ADSs. Up to U.S. $5.00 per 100 ADSs (or fraction thereof) surrendered. Person surrendering ADSs for the purpose of withdrawal of Deposited Securities or person to whom Deposited Securities are delivered.
(3) Distribution of cash dividends or other cash distributions (i.e., sale of rights and other entitlements). Up to U.S. $5.00 per 100 ADSs (or fraction thereof) held. Person to whom distribution is made.
(4) Distribution of ADSs pursuant to (i) stock dividends or other free stock distributions, or (ii) exercise of rights to purchase additional ADSs. Up to U.S. $5.00 per 100 ADSs (or fraction thereof) held. Person to whom distribution is made.
(5) Distribution of securities other than ADSs or rights to purchase additional ADSs (i.e., spin-off shares). Up to U.S. $5.00 per 100 ADSs (or fraction thereof) held. Person to whom distribution is made.
Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary:
(1) Issuance of ADSs upon deposit Up to U.S. $5.00 per 100 ADSs (or Person depositing Shares or person of Shares (excluding fraction thereof) issued. receiving ADSs. issuances as a result of distributions described in paragraph (4) below). ------------------------------------------------------------------------------------------------------------------- (2) Delivery of Deposited Up to U.S. $5.00 per 100 ADSs (or Person surrendering ADSs for the Securities against surrender fraction thereof) surrendered. purpose of withdrawal of Deposited of ADSs. Securities or person to whom Deposited Securities are delivered. ------------------------------------------------------------------------------------------------------------------- (3) Distribution of cash Up to U.S. $5.00 per 100 ADSs (or Person to whom distribution is made. dividends or other cash fraction thereof) held. distributions (i.e., sale of rights and other entitlements). ------------------------------------------------------------------------------------------------------------------- (4) Distribution of ADSs pursuant Up to U.S. $5.00 per 100 ADSs (or Person to whom distribution is made. to (i) stock dividends or fraction thereof) held. other free stock distributions, or (ii) exercise of rights to purchase additional ADSs. -------------------------------------------------------------------------------------------------------------------
Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary:
Depositary Fees. Subject to any other agreements between the Company and the Depositary with respect to the manner in which the fees payable to the Depositary hereunder are paid, the Company and the Depositary agree that the Company reimburse the Depositary for its reasonably incurred and properly documented fees and expenses of legal counsel which shall be paid within 30 days of the Depositary’s request for reimbursement. The Company hereby agrees and acknowledges that the Depositary may charge a fee of US$0.05 per ADS issued to any Holder or Beneficial Owner of such ADSs, along with any other relevant fees provided for in the Deposit Agreement, as contemplated in the Deposit Agreement.
Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary:
(1) Issuance of ADSs upon deposit Up to $5.00 per 100 ADSs (or Person for whom deposits are made of Shares (excluding fraction thereof) issued. or party receiving ADSs. issuances contemplated by paragraph (4) below). -------------------------------------------------------------------------------------------------------------------
(2) Delivery of Deposited Up to $5.00 per 100 ADSs (or Person surrendering ADSs or making Securities, property and fraction thereof) surrendered. withdrawal. cash against surrender of ADSs. -------------------------------------------------------------------------------------------------------------------
(3) Distribution of cash Up to $2.00 per 100 ADSs (or Person to whom distribution is made. dividends or other cash fraction thereof) held. distributions (i.e., sale of rights and other entitlements). -------------------------------------------------------------------------------------------------------------------
(4) Distribution ADSs pursuant to Up to $2.00 per 100 ADSs (or Person to whom distribution is made.
(i) stock dividends or other fraction thereof) issued. free distributions, or (ii) exercise of rights. -------------------------------------------------------------------------------------------------------------------
Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary: SERVICE RATE BY WHOM PAID ------- ---- ------------
(1) Issuance of ADSs upon Up to $5.00 per 100 ADSs (or Person for whom deposits deposit of Shares (excluding fraction thereof) issued. are made or party issuances contemplated by receiving ADSs. paragraphs (3) and (5) below).
Depositary Fees. The Company, the Holders, the Beneficial Owners and the persons depositing Shares or surrendering ADSs for cancellation agree to pay the following fees of the Depositary:
(1) Issuance of ADSs upon deposit of Shares (excluding issuances contemplated by paragraph (4) below). Up to $5.00 per 100 ADSs (or fraction thereof) issued. Person for whom deposits are made or party receiving ADSs.
(2) Delivery of Deposited Securities, property and cash against surrender of ADSs. Up to $5.00 per 100 ADSs (or fraction thereof) surrendered. Person surrendering ADSs or making withdrawal.
(3) Distribution of cash dividends or other cash distributions (i.e., sale of rights and other entitlements). Up to $2.00 per 100 ADSs (or fraction thereof) held. Person to whom distribution is made.
(4) Distribution ADSs pursuant to (i) stock dividends or other free distributions, or (ii) exercise of rights. Up to $2.00 per 100 ADSs (or fraction thereof) issued. Person to whom distribution is made.
Depositary Fees. Notwithstanding the terms of the letter agreement, dated June 17, 2010, between the Company and the Depositary, the Company and the Depositary agree that the Company shall pay the Depositary a depositary fee of US$0.01 per ADS or Restricted ADS, as applicable, issued in connection with the exchange of Notes and such other fees as prescribed in the Deposit Agreement, as contemplated in the Deposit Agreement.