GDR Amendment Sample Clauses
A GDR Amendment clause outlines the process and conditions under which the terms of a Global Depositary Receipt (GDR) agreement may be modified or updated. Typically, this clause specifies who has the authority to propose and approve amendments, such as the issuer, depositary, or a certain percentage of GDR holders, and may require notice to be given to all relevant parties before changes take effect. Its core practical function is to provide a clear and structured mechanism for updating the agreement to reflect changes in law, market practices, or the needs of the parties, thereby ensuring the continued relevance and enforceability of the GDR arrangement.
GDR Amendment. The form of GDR attached as Exhibit A to the Deposit Agreement and each of the GDRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by:
(a) deleting the first sentence of paragraph (1) thereof in its entirety and inserting the following in its stead: “This Global Depositary Receipt is one of an issue of Global Depositary Receipts (“Receipts” or “GDRs”), all issued and to be issued upon the terms and conditions set forth in the Deposit Agreement, dated as of September 17, 1999, as amended by Amendment No. 1 to Deposit Agreement, dated as of February 5, 2010 (as so amended and as further amended and supplemented from time to time, the “Deposit Agreement”), by and among the Company, the Depositary and all Holders and Beneficial Owners from time to time of GDSs evidenced by GDRs, each of whom by accepting an GDS becomes bound by all the terms and provisions thereof.”
(b) deleting paragraph (10) thereof in its entirety and inserting the following in its stead:
GDR Amendment. (a) The last sentence of the introductory paragraph of the form of GDR attached as Exhibit A to the Deposit Agreement and in each of the GDRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by deleting such sentence in its entirety and inserting the following in its stead: “The Depositary’s Principal Office is located at 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇.▇.”
(b) The first sentence of paragraph (1) of the form of GDR attached as Exhibit A to the Deposit Agreement and in each of the GDRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by deleting such sentence in its entirety and inserting the following in its stead: “This Global Depositary Receipt is one of an issue of Global Depositary Receipts (“Receipts” or “GDRs”), all issued and to be issued upon the terms and conditions set forth in the Deposit Agreement, dated as of September 17, 1999, as amended by Amendment No. 1 to Deposit Agreement, dated as of February 5, 2010, as further amended by Amendment No. 2 to Deposit Agreement, dated as of [·], 2023 (as so amended and as further amended and supplemented from time to time, the “Deposit Agreement”), by and among the Company, the Depositary and all Holders and Beneficial Owners of GDSs evidenced by GDRs, each of whom by accepting an GDS becomes bound by all the terms and provisions thereof.”
(c) Paragraph (17) of the form of GDR attached as Exhibit A to the Deposit Agreement and in each of the GDRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by deleting such paragraph in its entirety and inserting the following in its stead:
GDR Amendment. The first sentence of Paragraph (1) of the Form of GDR is hereby amended as of the date hereof to delete such sentence in its entirety and to insert the following in its stead: "This Global Depositary Receipt is one of an issue (herein called the "GDRs") executed and delivered pursuant to the Deposit Agreement, dated as of November 29, 1994 as amended by Amendment No. 1 to Preferred Stock Deposit Agreement, dated as of September 6, 1999 (as so amended and as further amended from time to time, the "Deposit Agreement"), by and among the Depositary and all Holders of GDRs issued thereunder, each of whom by accepting a GDR or acquiring any beneficial interest therein agrees to become a party thereto and becomes bound by all the terms and provisions thereof."
GDR Amendment. The form of GDR attached as Exhibit B to the Deposit Agreement and each of the GDRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by:
(a) deleting the first sentence of paragraph (1) thereof in its entirety and inserting the following in its stead: “This Global Depositary Receipt is one of an issue of Global Depositary Receipts (“Receipts” or “GDRs”), all issued and to be issued upon the terms and conditions set forth in the Deposit Agreement, dated as of November 25, 1992, as amended by Amendment No. 1 to Deposit Agreement, dated as of June 15, 1994, as further amended by Amendment No. 2 to Deposit Agreement, dated as of January 14, 2010 (as so amended and as further amended and supplemented from time to time, the “Deposit Agreement”), by and among the Company, the Depositary and all Holders and Beneficial Owners of GDSs evidenced by GDRs, each of whom by accepting an GDS becomes bound by all the terms and provisions thereof.”
(b) deleting paragraph (8) thereof in its entirety and inserting the following in its stead: