Common use of Current FEFTA Status Clause in Contracts

Current FEFTA Status. The Company hereby represents and warrants to the Depositary that, other than internet support services (4013), miscellaneous fixed telecommunications (3719), package software services (3913), and Data processing services (3921) conducted by the Company and custom software services (3911), embedded software services (3912) and package software services (3913) conducted by Style Free, Inc., the Company’s wholly-owned subsidiary (the numbers in the parentheses are numbers of Japan Standard Industrial Classification), none of (i) the Company, (ii) its subsidiaries formed under Japanese law or having primary place of business in Japan, and/or (iii) any other entities under Japanese law or having primary place of business in Japan with respect to which the Company and its subsidiaries collectively hold 50% or more of voting rights (collectively, the “FEFTA Covered Entities”) has conducted, conducts, or has any plans to conduct, any FEFTA Designated Business, that would require a Foreign Investor to submit a notification to the Minister of Finance and any minister having jurisdiction over any business of the Company prior to its “inward direct investment, etc.” (tainai chokusetsu toushi tou) or “specific acquisition (tokutei shutoku)”, each as defined in the FEFTA, relating to the Company pursuant to Article 27, Paragraph 1 of FEFTA or Article 28, Paragraph 1 of FEFTA (each, a “FEFTA Pre-Notification”).