ADSs Free and Clear. With respect to the Notes only and for the benefit of only the Holders thereof, the Company covenants and warrants that upon exchange of a Note at Maturity pursuant to the Indenture and this Supplemental Indenture, the Holder of a Note shall receive valid title to the ADSs (and, in the event a Reorganization Event has occurred and Reported Securities or other property are delivered, the Reported Securities or other property) for which such Note is at such time exchangeable pursuant to the Indenture and this Supplemental Indenture, free and clear of any and all liens, claims, charges and encumbrances whatsoever. To the extent provided in Section 2.11, the Company will pay all taxes and charges with respect to the delivery of ADSs (and Reported Securities) delivered in exchange for Notes hereunder. In addition, the Company further warrants that any ADSs (and Reported Securities) so delivered in exchange for Notes hereunder shall be free of any transfer restrictions (other than such as are solely attributable to any Holder’s status as an affiliate of Vale or the issuer of such Reported Securities).
Appears in 4 contracts
Samples: Second Supplemental Indenture (Vale S.A.), Second Supplemental Indenture (Vale S.A.), First Supplemental Indenture (Vale S.A.)
ADSs Free and Clear. With respect to the Notes only and for the benefit of only the Holders thereof, the Company covenants and warrants that upon exchange of a Note at Maturity pursuant to the Indenture and this Supplemental Indenture, the Holder of a Note shall receive valid title to the ADSs (and, in the event a Reorganization Event has occurred and Reported Securities or other property are delivered, the Reported Securities or other property) for which such Note is at such time exchangeable pursuant to the Indenture and this Supplemental Indenture, free and clear of any and all liens, claims, charges and encumbrances whatsoever. To the extent provided in Section 2.11, the Company will pay all taxes and charges with respect to the delivery of ADSs (and Reported Securities) delivered in exchange for Notes hereunder. In addition, the Company further warrants that any ADSs (and Reported Securities) so delivered in exchange for Notes hereunder shall be free of any transfer restrictions (other than such as are solely attributable to any Holder’s status as an affiliate of Vale CVRD or the issuer of such Reported Securities).
Appears in 4 contracts
Samples: First Supplemental Indenture (Companhia Vale Do Rio Doce), First Supplemental Indenture (Vale Capital LTD), Companhia Vale Do Rio Doce
