Representations and Warranties as to Preferred Shares. In the case of the initial deposit of the Preferred Shares hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Shares under this Deposit Agreement shall be deemed thereby to represent and warrant that such Preferred Shares and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Shares, when issued, will be validly issued, fully paid and nonassessable. Such representations and warranties shall survive the deposit of the Preferred Shares and the issuance of Receipts.
Representations and Warranties as to Preferred Shares. In the case of the initial deposit of the Preferred Shares hereunder, the Company represents and warrants that such Preferred Shares and each certificate therefor are validly issued, fully paid and nonassessable. Such representations and warranties shall survive the deposit of the Preferred Shares and the issuance of Receipts.
Representations and Warranties as to Preferred Shares. In the case of the initial deposit of the Preferred Shares hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Shares under this Deposit Agreement shall be deemed thereby to represent and warrant that such Preferred Shares and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that: (a) such Preferred Shares, when issued, will be duly authorized, validly issued, fully paid and non-assessable; and (b) such Preferred Shares, when issued, will be duly registered under the Securities Act or will be exempt from such registration and will be duly registered under the Securities Exchange Act of 1934, as amended (the "Exchange Act") or will be exempt from such registration. Such representations and warranties shall survive the deposit of the Preferred Shares and the issuance of Receipts.
Representations and Warranties as to Preferred Shares. In the case of the initial deposit of the Preferred Shares hereunder, the Company and, in the case of any subsequent deposits thereof permitted hereunder, each person so depositing Preferred Shares under this Deposit Agreement shall be deemed thereby to represent and warrant that such Preferred Shares and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Shares, when issued, will be validly issued, fully paid and non-assessable. The Company further represents and warrants that a registration statement under the Securities Act of 1933, as amended (the “1933 Act”) has been filed and is currently effective, or will be effective prior to the issuance of any Depositary Shares, and will remain so effective, and all appropriate state securities law filings have been made with respect to all the Depositary Shares being issued pursuant hereto except for any Depositary Shares which are offered in a transaction or series of transactions which are exempt from the registration requirements of the 1933 Act and state securities laws. Such representations and warranties shall survive the deposit of the Preferred Shares and the issuance of Receipts.
