Common use of DISCLOSURE OF INTEREST Clause in Contracts

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder agrees to be bound by and to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

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DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder agrees to be bound by and to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) Receipt and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Austrian Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung Articles of Association of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to its beneficial ownership of the Shares as may be required thereunder. Under German Austrian law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such the Austrian Financial Markets Supervisory Authority (Finanzmarktaufsicht – “FMA”) and the company within seven two trading days from the time when it has or should have knowledge of the completion of the acquisition; : these thresholds are 34%, 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 75% and 7590% of the total voting share capital of such companycapital. This provision has to be observed not only with regard to Shares shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or and Holder agrees regarding Shares or American Depositary Shares acquired by it to comply with requests from the Company to provide the required information within the prescribed time period and in period, requests which are made pursuant to applicable law or the prescribed manner charter, by-laws or other such corporate document of the Company to provide information as to the Company capacity in writingwhich such Owner or Holder owns the American Depositary Shares and regarding the nature of such interest, and with the provisions of the charter, by-laws and other such corporate documents, all as if such American Depositary Shares were to the extent that practicable the underlying Shares. The Depositary agrees to use its reasonable efforts to forward to any Owner, at the written request and expense of the Company, any written request by the Company for such information is available to it and is permitted to be disclosed under applicable lawinformation. If the Company requests information from the Depositary pursuant to German law Depositary, the Custodian or the Satzung nominee of either, as the registered owner of the CompanyShares, the obligations of the Depositary Depositary, Custodian or such nominee, as the case may be shall be limited to disclosing to the Company such the information relating to contained in the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable lawregister.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding exceeding, reaching or falling below certain thresholds, must notify such company within seven four trading days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% %, and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this the Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) of Austria and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German Austrian law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 75% and 7590% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the owners of Shares, pursuant to German Austrian law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this the Deposit Agreement and which is permitted to be disclosed under applicable law.. #

Appears in 1 contract

Samples: Deposit Agreement (Palfinger Ag)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding exceeding, reaching or falling below certain thresholds, must notify such company within seven four trading days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% %, and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Austrian Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung Articles of Association of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German Austrian law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such the company within seven days from the time when it has or should have knowledge of the completion of the acquisition; : these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 75% and 7590% of the total voting share capital of such companycapital. This provision has to be observed not only with regard to Shares shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or and Holder agrees regarding Shares or American Depositary Shares acquired by it to comply with requests from the Company to provide the required information within the prescribed time period and in period, requests which are made pursuant to applicable law or the prescribed manner charter, by-laws or other such corporate document of the Company to provide information as to the Company capacity in writingwhich such Owner or Holder owns the American Depositary Shares and regarding the nature of such interest, and with the provisions of the charter, by-laws and other such corporate documents, all as if such American Depositary Shares were to the extent that practicable the underlying Shares. The Depositary agrees to use its reasonable efforts to forward to any Owner, at the written request and expense of the Company, any written request by the Company for such information is available to it and is permitted to be disclosed under applicable lawinformation. If the Company requests information from the Depositary pursuant to German law Depositary, the Custodian or the Satzung nominee of either, as the registered owner of the CompanyShares, the obligations of the Depositary Depositary, Custodian or such nominee, as the case may be shall be limited to disclosing to the Company such the information relating to contained in the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable lawregister.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company within seven four trading days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% %, and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Adidas Ag)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 3050%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Adidas Salomon Ag /Fi)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Austrian Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung Articles of Association of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to its beneficial ownership of the Shares as may be required thereunder. Under German Austrian law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such the Austrian Financial Markets Supervisory Authority (Finanzmarktaufsicht – “FMA”) and the company within seven two trading days from the time when it has or should have knowledge of the completion of the acquisition; : these thresholds are 34%, 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 75% and 7590% of the total voting share capital of such companycapital. This provision has to be observed not only with regard to Shares shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or and Holder agrees regarding Shares or American Depositary Shares acquired by it to comply with requests from the Company to provide the required information within the prescribed time period and in period, requests which are made pursuant to applicable law or the prescribed manner charter, by-laws or other such corporate document of the Company to provide information as to the Company capacity in writingwhich such Owner or Holder owns the American Depositary Shares and regarding the nature of such interest, and with the provisions of the charter, by-laws and other such corporate documents, all as if such American Depositary Shares were to the extent that practicable the underlying Shares. The Depositary agrees to use its reasonable efforts to forward to any Owner, at the written request and expense of the Company, any written request by the Company for such information is available to it and is permitted to be disclosed under applicable lawinformation. If the Company requests information from the Depositary pursuant to German law Depositary, the Custodian or the Satzung nominee of either, as the registered owner of the CompanyShares, the obligations of the Depositary Depositary, Custodian or such nominee, as the case may be shall be limited to disclosing to the Company such the information relating to contained in the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable lawregister.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company within seven four trading days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% %, and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this the Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Adidas Ag)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) of Austria and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German Austrian law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 75% and 7590% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the owners of Shares, pursuant to German Austrian law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Palfinger Ag)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (K-Plus-S Aktiengesellschaft)

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DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) of Austria and the Satzung Articles of Association of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German Austrian law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company the Company within seven days from the time when it has or should have knowledge of the completion of the acquisition; : these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 75% and 7590% of the total voting share capital of such companycapital. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it it, and the Depositary agrees regarding Shares or American Depositary Shares acquired by any Owner or Beneficial Owner or by itself, to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German Austrian law or the Satzung Articles of Association of the Company, the obligations of the Depositary or the Custodian, as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this the Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Telekom Austria Ag)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 3050%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this the Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Adidas Salomon Ag /Fi)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (K-Plus-S Aktiengesellschaft)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) of Austria and the Satzung Articles of Association of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German Austrian law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding or falling below certain thresholds, must notify such company the Company within seven days from the time when it has or should have knowledge of the completion of the acquisition; : these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 75% and 7590% of the total voting share capital of such companycapital. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it it, and the Depositary agrees regarding Shares or American Depositary Shares acquired by any Owner or Beneficial Owner or by itself, to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German Austrian law or the Satzung Articles of Association of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Telekom Austria Ag)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung (Articles of Association) of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares share capital held by such person exceeding exceeding, reaching or falling below certain thresholds, must notify such company within seven four trading days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 102%, 15%, 20%, 25%, 30%, 50% %, and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary or the Custodian, as the registered owners of Shares, pursuant to German law or the Satzung (Articles of Association) of the Company, the obligations of the Depositary or the Custodian as the case may be, shall be limited to disclosing to the Company such information relating to the Shares in question as has in each case been recorded by it or its agent pursuant to the terms of this the Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of this Receipt or the Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company (to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this the Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Morphosys Ag)

DISCLOSURE OF INTEREST. Notwithstanding any other provision of the this Deposit Agreement, each Owner and Holder Beneficial Owner agrees to be bound by and subject to comply with applicable German laws and regulations, including, without limitation, the German Stock Corporation Act, the German Securities Trading Act (Wertpapierhandelsgesetz) and the Satzung of the Company to the same extent as if the American Depositary Shares evidenced by a Receipt were the Shares represented by such American Depositary Shares evidenced by such Receipt) and to provide such information to the Company relating to ownership of the Shares as may be required thereunder. Under German law, as in effect on the date hereof, a person who acquires shares in a company resulting in the total interest in the voting shares capital held by such person exceeding or falling below certain thresholds, must notify such company within seven days from the time when it has or should have knowledge of the completion of the acquisition; these thresholds are 3%, 5%, 10%, 15%, 20%, 25%, 30%, 50% and 75% of the total voting share capital of such company. This provision has to be observed not only with regard to Shares directly held but to the same extent for American Depositary Shares representing such Shares. Each Owner or Holder Beneficial Owner agrees regarding Shares or American Depositary Shares acquired by it to provide the required information within the prescribed time period and in the prescribed manner to the Company in writing, to the extent that such information is available to it and is permitted to be disclosed under applicable law. If the Company requests information from the Depositary pursuant to German law or the Satzung of the Company, the obligations of the Depositary shall be limited to disclosing to the Company such information relating to the Shares in question as has been recorded by it or its agent pursuant to the terms of this Deposit Agreement and which is permitted to be disclosed under applicable law.

Appears in 1 contract

Samples: Deposit Agreement (Morphosys Ag)

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