Updated notice to holders of ADSs regarding termination of Deposit Agreement
June 20 2022 - 1:50PM
Updated notice to holders of ADSs regarding termination of Deposit
Agreement
Orphazyme A/SCompany
announcement
No.
32/2022www.orphazyme.comCompany Registration No. 32266355
NOTICE TO HOLDERS OF AMERICAN DEPOSITARY SHARES
(“ADSs”) EVIDENCED BYAMERICAN DEPOSITARY RECEIPTS (“ADRs”)
REPRESENTING DEPOSITED COMMON SHARES OF:ORPHAZYME A/S ONE ADS
REPRESENTS ONE COMMON SHARECUSIP: 687305102 AND UNDERLYING ISIN:
DK0060910917
Copenhagen, Denmark, June 20,
2022 – Orphazyme A/S (ORPHA.CO) (“Orphazyme” or the
“Company”), hereby provides notice to holders of American
Depositary Shares (“ADSs”) evidenced by American Depositary
Receipts (“ADRs”) representing deposited common shares of the
Company regarding termination of the Deposit Agreement (the
“Deposit Agreement”) dated September 28, 2020 among the Company,
The Bank of New York Mellon, as depositary (the “the Depositary”),
and Owners and ADR Holders (“ADR Holders”).
On April 5, 2022, ADR Holders were notified by
the Depositary that the Depositary will terminate the Deposit
Agreement effective at 5:00 PM (Eastern Time) on July 6, 2022.
Under the terms of the Deposit Agreement, ADR
Holders have until at least July 11, 2022, to surrender their
Orphazyme ADRs for delivery of the underlying shares. If ADR
Holders surrender ADRs for delivery of the underlying shares, ADR
Holders must pay a cable fee of $17.50, a cancellation fee of up to
$0.05 per ADR surrendered and any applicable U.S. or local taxes or
governmental charges. Payment should be made payable to the
Depositary.
Subsequent to July 11, 2022, under the terms of
the Deposit Agreement, the Depositary may attempt to sell the
underlying shares. If the Depositary has sold such shares,
ADR Holders must surrender their ADRs to obtain payment of the sale
proceeds, net of the expenses of sale, any applicable U.S. or local
taxes or government charges and a cancellation fee of up to $0.05
per ADR.
In order to convert ADSs to common shares of the
Company, ADR Holders should instruct their brokers to surrender
ADSs to The Bank of New York Mellon (DTC No. 2504). In connection
with this surrender, brokers should include ongoing common share
delivery instructions in the comments field within DTC, including
information such as the name and BIC of the appropriate local
bank/broker and/or appropriate delivery code, beneficiary name and
account number. U.S. brokers holding ADSs on behalf of their
clients, can reach out to DRSettlements@BNYMellon.com for questions
regarding the conversion and settlement process.
For additional information, please
contact
Orphazyme A/S
Anders Vadsholt, Chief Executive Officer and Chief
Financial Officer: +45 2898 9055
Forward-looking statement
This company announcement may contain certain
forward-looking statements under the U.S. Private Securities
Litigation Reform Act of 1995 and otherwise, including
forward-looking statements about the termination of the Company’s
ADR program. Although the Company believes its expectations are
based on reasonable assumptions, all statements other than
statements of historical fact included in this company announcement
about future events are subject to (i) change without notice and
(ii) factors beyond the Company’s control, including pursuant to
regulatory or judicial intervention, and the actions of the
Depositary. Except as required by law, the Company assumes no
obligation to update these forward-looking statements publicly, or
to update the reasons actual results could differ materially from
those anticipated in the forward-looking statements, even if new
information becomes available in the future.
- 32-2022 Updated notice to holders of ADSs regarding termination
of Deposit Agreement
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