Common use of Fungibility Clause in Contracts

Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement and except as required by applicable law, the Restricted ADR and the Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not “Restricted ADRs” and “Restricted ADSs”, respectively, on terms not less favorable than those afforded to such ADSs and ADRs. Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADRs on terms more favorable than those accorded to Holders of ADRs under the Deposit Agreement.

Appears in 2 contracts

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

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Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement and except as required by applicable law, the Restricted ADR ADR(s) and the Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not "Restricted ADRs" and "Restricted ADSs”, ," respectively, on terms not less favorable than those afforded to such ADSs and ADRsADRs . Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADRs ADR(s) on terms more favorable than those accorded to Holders of ADRs under the Deposit Agreement.

Appears in 1 contract

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

Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement and except as required by applicable law, the Restricted ADR ADR(s) and the Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not “Restricted ADRs” and “Restricted ADSs”, ,” respectively, on terms not less favorable than those afforded to such ADSs and ADRsADRs . Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADRs ADR(s) on terms more favorable than those accorded to Holders of ADRs under the Deposit Agreement.

Appears in 1 contract

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

Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement herein and except as required by applicable law, the Designated Restricted ADR and ADSs (including the Designated Restricted ADSs evidenced thereby by the Designated Restricted ADRs) shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not “Restricted ADRs” and “Restricted ADSs”, respectively, on terms not less favorable than those afforded to such ADSs and ADRs. Nothing contained herein shall obligate the Depositary to treat Holders of Designated Restricted ADRs ADSs (including the Designated Restricted ADSs evidenced by the Designated Restricted ADRs) on terms more favorable than those accorded to Holders of ADRs ADSs under the Deposit Agreement.

Appears in 1 contract

Samples: Restricted Ads Letter Agreement (Citibank,N.A./ADR)

Fungibility. Except as contemplated in the Deposit this Letter Agreement and this letter agreement and except as required by applicable law, the Conversion Restricted ADR ADRs and the Conversion Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not Conversion Restricted ADRs” ADRs and Conversion Restricted ADSs, respectively, on terms not less favorable than those afforded to such ADSs and ADRs. Nothing contained herein shall obligate the Depositary to treat Holders holders of Conversion Restricted ADRs on terms more favorable than those accorded to Holders holders of ADRs under the Deposit Agreement.

Appears in 1 contract

Samples: Letter Agreement (Chippac Inc)

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Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement and except as required by applicable law, the Restricted ADR ADR(s) and the Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs ADR(s) and ADSs issued and outstanding under the terms of the Deposit Agreement that are not “Restricted ADRsADR(s)” and “Restricted ADSs”, ,” respectively, on terms not less favorable than those afforded to such ADSs and ADRsADR(s). Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADRs ADR(s) on terms more favorable than those accorded to Holders of ADRs under the Deposit Agreement.

Appears in 1 contract

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

Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement herein and except as required by applicable law, the Designated Restricted ADR ADRs evidencing the Designated Restricted ADSs and the Designated Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not Designated Restricted ADRs” ADRs and Designated Restricted ADSs, respectively, on terms not less favorable than those afforded to such ADSs and ADRs. Nothing contained herein shall obligate the Depositary to treat Holders of Designated Restricted ADRs ADSs on terms more favorable than those accorded to Holders of ADRs ADSs under the Deposit Agreement.

Appears in 1 contract

Samples: Letter Agreement (Manufacturas De Papel C a Manpa S a C a /Fi)

Fungibility. Except as contemplated in the Deposit Agreement and this letter agreement herein and except as required by applicable law, the Restricted ADR ADRs and the Restricted ADSs evidenced thereby shall, to the maximum extent permitted by law and to the maximum extent practicable, be treated as ADRs and ADSs issued and outstanding under the terms of the Deposit Agreement that are not Restricted ADRs” ADRs and Restricted ADSs, respectively, on terms not less favorable than those afforded to such ADSs and ADRs. Nothing contained herein shall obligate the Depositary to treat Holders of Restricted ADRs on terms more favorable than those accorded to Holders of ADRs under the Deposit Agreement.

Appears in 1 contract

Samples: Letter Agreement (United Microelectronics Corp)

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