Common use of Amendment of Deposit Agreement and Receipts Clause in Contracts

Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may be amended by agreement between the Company and the Depositary. Any amendment that shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) or that shall otherwise prejudice any substantial existing right of Holders, shall not, however, become effective as to outstanding Receipts until the expiration of 30 days after notice of such amendment shall have been given to the Holders. Every Holder at the expiration of such 30 days shall be deemed by holding such Receipt to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance.

Appears in 4 contracts

Samples: Deposit Agreement (Telefonos De Mexico S a De C V), Deposit Agreement (Telefonos De Mexico S a De C V), Deposit Agreement (Telmex Internacional, S.A.B. De C.V.)

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Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment that which shall impose or increase any fees or charges (other than the fees stock transfer or other taxes and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) other governmental charges, transfer or that registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of HoldersHolders of Receipts, shall notshall, however, not become effective as to outstanding Receipts until the expiration of 30 thirty days after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts. Every Holder at the expiration of such 30 days shall be deemed by holding such Receipt to consent and The parties hereto agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares Stock to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding Every Holder of a Receipt at the foregoing, if time any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt so becomes effective shall be deemed, by continuing to ensure compliance therewithhold such Receipt, the Company to consent and the Depositary may amend or supplement agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive therefor the Receipt at any time in accordance with such changed lawsDeposited Securities represented thereby, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time except as required for complianceotherwise permitted under applicable law.

Appears in 4 contracts

Samples: Deposit Agreement (News Holdings LTD), Deposit Agreement (News Corp LTD), Deposit Agreement (News Corp LTD)

Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment that which shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence Depositary for the issuance and delivery of paragraph (8)) ADSs and taxes and other governmental charges), or that which shall otherwise prejudice any substantial existing right of HoldersHolders of ADSs, shall notshall, however, not become effective as to outstanding Receipts ADSs until the expiration of 30 days one (1) month after notice of such amendment shall have been given to the HoldersHolders of outstanding ADSs. Every Holder of a Receipt at the expiration of such 30 days time any amendment so becomes effective shall be deemed deemed, by holding continuing to hold such Receipt Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or the Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt Receipts at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliancecompliance with such laws, rules or regulations.

Appears in 4 contracts

Samples: Deposit Agreement (Ericsson Lm Telephone Co), Deposit Agreement (Ericsson Lm Telephone Co), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

Amendment of Deposit Agreement and Receipts. The form of the Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any such amendment, except as provided in this Paragraph (20), requires no consent from Holders or Beneficial Owners of Receipts. Any amendment that which shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence Depositary for the execution and delivery of paragraph (8)) Receipts and taxes or that other governmental charges), or which shall otherwise prejudice any substantial existing right of HoldersHolders or Beneficial Owners of Receipts, shall not, however, become effective as to outstanding Receipts until the expiration of 30 days three months after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts except in order to comply with mandatory provisions of applicable law. Every Holder of a Receipt and any Beneficial Owner of the American Depositary Shares represented thereby at the expiration of such 30 days time any amendment so becomes effective shall be deemed deemed, by holding continuing to hold such Receipt or such American Depositary Shares, to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or evidenced hereby. Any amendment which shall increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or Depositary for the form execution and delivery of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may Receipts shall not become effective before a as to Holders and Beneficial Owners of outstanding Receipts until the expiration of thirty days after notice of such amendment or supplement is shall have been given to the Holders or within any other period of time as required for complianceoutstanding Receipts.

Appears in 3 contracts

Samples: Deposit Agreement (Groupe Danone), Deposit Agreement (Groupe Danone), Deposit Agreement (Groupe Danone)

Amendment of Deposit Agreement and Receipts. The form of the Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect they may deem necessary or desirable. Any amendment that which shall impose or increase any fees or charges (other than the fees taxes (including, without limitation, stamp taxes) and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) other governmental charges), or that which shall otherwise prejudice any substantial existing right of HoldersHolders of Receipts, shall notshall, however, not become effective as to outstanding Receipts until the expiration of 30 days three months after notice of such amendment shall have been given to the Holders. Every Holder at the expiration Holders of such 30 days shall be deemed by holding such Receipt to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall outstanding Receipts, provided that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding Every Holder of a Receipt at the foregoingtime any such amendment so becomes effective shall be deemed, if any governmental body or regulatory body should adopt new lawsby continuing to hold such Receipt, rules or regulations which would require to consent and agree to such amendment or supplement of and to be bound by the Deposit Agreement or the form Receipts, or both of them, as applicable, as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to ensure compliance therewithsurrender such Receipt and receive therefor the Deposited Securities represented thereby, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time except in accordance order to comply with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice mandatory provisions of such amendment or supplement is given to Holders or within any other period of time as required for complianceapplicable law.

Appears in 3 contracts

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Scottish & Southern Energy PLC /Fi), Deposit Agreement (Scottish & Southern Energy PLC /Fi)

Amendment of Deposit Agreement and Receipts. The Receipts This Receipt and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable. Any amendment that which shall impose or increase any fees or charges (other than the fees charges in connection with foreign exchange control regulations, and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) taxes and other governmental charges, delivery and other such expenses), or that which shall otherwise prejudice any substantial existing right of Holders, Holders shall not, however, become effective as to outstanding Receipts until the expiration of 30 thirty (30) days after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts in accordance with Section 7.5 of the Deposit Agreement. Every Holder at the expiration Notice of such 30 days shall be deemed by holding such Receipt any amendment to consent and agree to such amendment and to be bound by the Deposit Agreement or any ADR shall not need to describe in detail the Receipt as amended specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders and Beneficial Owners to retrieve or receive the text of such amendment (e.g., upon retrieval from the Commission’s, the Depositary’s or the Company’s website or upon request from the Depositary). In no event shall The parties to the Deposit Agreement agree that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares ADSs to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder and Beneficial Owner at the time any amendment so becomes effective shall be deemed, by continuing to hold this Receipt or to own any beneficial interest herein, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended thereby. In no event shall any amendment impair the right of the Holder to surrender this Receipt and receive therefor the Deposited Securities represented thereby, except in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require an amendment of, or supplement of to, the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the this Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement and this Receipt in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliancecompliance with such laws, rules or regulations.

Appears in 2 contracts

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

Amendment of Deposit Agreement and Receipts. The Subject to the last sentence of the first paragraph of Section 2.05 of the Deposit Agreement, the Receipts and the Deposit Agreement may be amended by agreement between the Company and the Depositary. Any , provided that any amendment that shall impose imposes or increase increases any fees or charges (other than the fees stock transfer or other taxes and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or that shall otherwise prejudice any substantial existing right of Holders, shall not, however, become effective as to outstanding Receipts until the expiration of 30 days after notice of such amendment shall have been given to the Holders. Every Holder of a Receipt at the expiration of such 30 days time any amendment to the Deposit Agreement so becomes effective shall be deemed deemed, by holding continuing to hold such Receipt Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall any amendment impair the right of the Holder hereof of any Receipt to surrender this such Receipt and receive therefor the Deposited Securities represented herebythereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance. Notice of any amendment to the Deposit Agreement or form of Receipts shall not need to describe in detail the specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders to retrieve or receive the text of such amendment (i.e., upon retrieval from the U.S. Securities and Exchange Commission's, the Depositary's or the Company's website or upon request from the Depositary).

Appears in 2 contracts

Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

Amendment of Deposit Agreement and Receipts. The Receipts This Receipt and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable. Any amendment that which shall impose or increase any fees or charges (other than the fees charges in connection with foreign exchange control regulations, and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) taxes and other governmental charges, delivery and other such expenses), or that which shall otherwise prejudice any substantial existing right of Holders, Holders shall not, however, become effective as to outstanding Receipts until the expiration of 30 thirty (30) days after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts in accordance with Section 7.5 of the Deposit Agreement. Every Holder at the expiration Notice of such 30 days shall be deemed by holding such Receipt any amendment to consent and agree to such amendment and to be bound by the Deposit Agreement or any ADR shall not need to describe in detail the Receipt as amended specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders and Beneficial Owners to retrieve or receive the text of such amendment (i.e., upon retrieval from the Commission’s, the Depositary’s or the Company’s website or upon request from the Depositary). In no event shall The parties to the Deposit Agreement agree that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares ADSs to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder and Beneficial Owner at the time any amendment so becomes effective shall be deemed, by continuing to hold this Receipt or to own any beneficial interest herein, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended thereby. In no event shall any amendment impair the right of the Holder to surrender this Receipt and receive therefor the Deposited Securities represented thereby, except in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require an amendment of, or supplement of to, the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the this Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement and this Receipt in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliancecompliance with such laws, rules or regulations.

Appears in 2 contracts

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

Amendment of Deposit Agreement and Receipts. The form of the Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by written agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable without the consent of the Holders or Beneficial Owners. Any amendment that which shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence Depositary for deposits, the execution and delivery of paragraph (8)) Receipts, custody, transfer and registration fees, fees in connection with foreign exchange control regulations, and taxes and other governmental charges, delivery and such other expenses), or that which shall otherwise materially prejudice any substantial existing right of HoldersHolders or Beneficial Owners, shall not, however, become effective as to outstanding Receipts until the expiration of 30 days after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts. Every Holder at the expiration of such 30 days shall be deemed by holding such Receipt to consent and The parties hereto agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder and Beneficial Owner at the time any amendment so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder to surrender such Receipt and receive therefor the Deposited Property represented thereby, except in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulationsrules. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance.

Appears in 2 contracts

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Stolt Offshore S A)

Amendment of Deposit Agreement and Receipts. The form of the Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem desirable. Any amendment that which shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence Depositary for deposit, the execution and delivery of paragraph (8)) Receipts and taxes or that other governmental charges), or which shall otherwise prejudice any substantial existing right of Holders, shall not, however, become effective as to outstanding Receipts until the expiration of 30 days three (3) months after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts. Every Holder at the expiration of such 30 days shall be deemed by holding such Receipt to consent and The parties hereto agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares ADSs or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding Every Holder at the foregoingtime any amendment so becomes effective shall be deemed, if any governmental body or regulatory body should adopt new lawsby continuing to hold such Receipt, rules or regulations which would require to consent and agree to such amendment or supplement of and to be bound by the Deposit Agreement or as amended thereby. In no event shall any amendment impair the form right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance comply with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice mandatory provisions of such amendment or supplement is given to Holders or within any other period of time as required for complianceapplicable law.

Appears in 1 contract

Samples: Deposit Agreement (Waste Management Inc)

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Amendment of Deposit Agreement and Receipts. The form of Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by written agreement between the Company and the DepositaryDepositary in any respect they may deem necessary or desirable. Any amendment that which shall impose or increase any fees or charges (other than the fees taxes (including, without limitation, stamp taxes) and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) other governmental charges, registration fees, cable, telex or that facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of HoldersHolders of Receipts, shall notshall, however, not become effective as to outstanding Receipts until the expiration of 30 thirty (30) days after notice of such amendment shall have been given to the Holders. Every Holder at Holders of outstanding Receipts, provided that the expiration of such 30 days shall be deemed by holding such Receipt to consent and parties hereto agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding Every Holder of a Receipt, at the foregoingtime any amendment so becomes effective, if any governmental body or regulatory body should adopt new lawsshall be deemed, rules or regulations which would require by continuing to hold such Receipt, to consent and agree to such amendment or supplement of and to be bound by the Deposit Agreement or the form Receipts or both of them, as applicable, as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to ensure compliance therewithsurrender such Receipt and receive therefor the Deposited Securities represented thereby, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time except in accordance order to comply with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice mandatory provisions of such amendment or supplement is given to Holders or within any other period of time as required for complianceapplicable law.

Appears in 1 contract

Samples: Deposit Agreement (International Power PLC)

Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between among the Company and the Depositary. Any amendment that shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence Depositary for the execution and delivery or the cancellation of paragraph (8)) Receipts and taxes or other governmental charges), or that shall otherwise prejudice any substantial existing right of HoldersHolders of Receipts, shall notshall, however, not become effective as to outstanding Receipts until the expiration of 30 days after notice of such amendment shall have been given to the Holders. Every Holder at the expiration Holders of such 30 days shall be deemed by holding such Receipt to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall outstanding Receipts; provided that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding Every Holder of a Receipt at the foregoingtime any such amendment so becomes effective, if any governmental body or regulatory body should adopt new lawssuch Holder shall have been given such notice, rules or regulations which would require shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment or supplement of and to be bound by the Deposit Agreement or the form Receipt as amended thereby. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt to ensure compliance therewith, and receive therefor the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for complianceDeposited Securities represented hereby.

Appears in 1 contract

Samples: Deposit Agreement (Bt Group PLC)

Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may be amended by agreement between the Company and the Depositary. Any amendment that shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) or that shall otherwise prejudice any substantial existing right of Holders, shall not, however, become effective as to outstanding Receipts until the expiration of 30 thirty (30) days after notice of such amendment shall have been given to the Holders. Every Holder at the expiration of such 30 thirty (30) days shall be deemed by holding such Receipt to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall any amendment impair the right of the Holder hereof of any Receipt to surrender this such Receipt and receive therefor the Deposited Securities represented herebythereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt ADR to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance. Notice of any amendment to the Deposit Agreement or form of Receipts shall not need to describe in detail the specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders to retrieve or receive the text of such amendment (i.e., upon retrieval from the U.S. Securities and Exchange Commission's, the Depositary's or the Company's website or upon request from the Depositary).

Appears in 1 contract

Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

Amendment of Deposit Agreement and Receipts. The Receipts form of this Receipt and any provisions of the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem desirable without the consent of the Holders. Any amendment that which shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence Depositary for deposits, the execution and delivery of paragraph (8)) Receipts, custody, transfer and registration fees, fees in connection with foreign exchange control regulations, taxes and other governmental charges, delivery and such other expenses), or that which shall otherwise prejudice any substantial existing right of Holders, shall not, however, become effective as to outstanding Receipts until the expiration of 30 days three months after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts; provided that any amendment to Section 2.07 of the Deposit Agreement which is effected by an amendment to the Company's Articles of Association or otherwise shall be effective immediately. Every Holder at the expiration of such 30 days time any amendment so becomes effective shall be deemed deemed, by holding continuing to hold such Receipt Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented herebythereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulationsrules. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance.

Appears in 1 contract

Samples: Deposit Agreement (Cable & Wireless Public Limited Co)

Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment that which shall impose or increase any fees or charges (other than the fees and charges listed in clauses (i) through (v) of the penultimate sentence Depositary for the execution and delivery or the cancellation of paragraph (8)) Receipts and taxes or that other governmental charges), or which shall otherwise prejudice any substantial existing right of HoldersHolders of Receipts, shall notshall, however, not become effective as to outstanding Receipts until the expiration of 30 days three months after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts. Every Holder at the expiration of such 30 days shall be deemed by holding such Receipt to consent and The ================================================================================ ================================================================================ parties hereto agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding Every Holder of a Receipt at the foregoingtime any amendment to the Deposit Agreement so becomes effective shall be deemed, if any governmental body or regulatory body should adopt new lawsby continuing to hold such Receipt, rules or regulations which would require to consent and agree to such amendment or supplement of and to be bound by the Deposit Agreement or such Receipt as amended thereby. In no event shall any amendment impair the form right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance comply with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice mandatory provisions of such amendment or supplement is given to Holders or within any other period of time as required for complianceapplicable law.

Appears in 1 contract

Samples: Deposit Agreement (Amarin Corp Plc\uk)

Amendment of Deposit Agreement and Receipts. The Receipts This Receipt and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable. Any amendment that which shall impose or increase any fees or charges (other than the fees charges in connection with foreign exchange control regulations, and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) taxes and other governmental charges, delivery and other such expenses), or that which shall otherwise prejudice any substantial existing right of Holders, Holders shall not, however, become effective as to outstanding Receipts until the expiration of 30 days after notice of such amendment shall have been given to the HoldersHolders of outstanding Receipts in accordance with Section 7.05 of the Deposit Agreement. Every Holder at the expiration of such 30 days shall be deemed by holding such Receipt The parties to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall agree that any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares ADSs to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder and Beneficial Owner at the time any amendment so becomes effective shall be deemed, by continuing to hold this Receipt or to own any beneficial interest herein, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended thereby. In no event shall any amendment impair the right of the Holder to surrender this Receipt and receive therefor the Deposited Securities represented thereby, except in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require an amendment of, or supplement of to, the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the this Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement and this Receipt in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliancecompliance with such laws, rules or regulations.

Appears in 1 contract

Samples: Deposit Agreement (Woori Finance Holdings Co LTD)

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