Common use of Resignation and Removal of the Depositary; Appointment of Successor Depositary Clause in Contracts

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice of resignation delivered to the Company, such resignation to be effective on the earlier of (i) the 90th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal, which removal shall be effective on the earlier of (i) the 90th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) as soon as practicable after the Depositary has been notified by the Company in writing of the appointment of a successor depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall use its best efforts to appoint a successor depositary. Every successor depositary shall be required by the Company to execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, and thereupon such successor depositary, without any further act or deed (except as required by applicable law), shall become fully vested with all the rights, powers, duties and obligations of its predecessor (other than as contemplated in Sections 5.8 and 5.9). The predecessor depositary, upon payment of all sums due it and on the written request of the Company shall, (i) execute and deliver an instrument transferring to such successor all rights and powers of such predecessor hereunder (other than as contemplated in Sections 5.8 and 5.9), (ii) duly assign, transfer and deliver all right, title and interest to the Deposited Securities to such successor, and (iii) deliver to such successor a list of the Holders of all outstanding ADSs and such other information relating to ADSs and Holders thereof as the successor may reasonably request. Any such successor depositary shall promptly provide notice of its appointment to such Holders. Any corporation into or with which the Depositary may be merged or consolidated shall be the successor of the Depositary without the execution or filing of any document or any further act.

Appears in 1 contract

Samples: Deposit Agreement (Spreadtrum Communications Inc)

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Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder under the Rule 144A Deposit Agreement by written notice of resignation delivered to the Company, such resignation to be effective on take effect upon the earlier to occur of (i) the 90th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereofof the Rule 144A Deposit Agreement), or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as provided hereinafter providedand in the Rule 144A Deposit Agreement. The Depositary may at any time be removed by the Company by written notice of such removalremoval delivered to the Depositary, which notice of removal shall be effective on upon the earlier later of (i) the 90th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereofof the Rule 144A Deposit Agreement), or (ii) as soon as practicable after the Depositary has been notified appointment by the Company in writing of the appointment of a successor depositary and its acceptance of such appointment as provided hereinafter providedand in the Rule 144A Deposit Agreement. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall use its best reasonable efforts to appoint a successor depositary. Every successor depositary shall be required by the Company to execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, and thereupon such successor depositary, without any further act or deed (except as required by applicable law), shall become fully vested with all the rights, powers, duties and obligations of its predecessor (other than as contemplated in Sections 5.8 5.5 and 5.95.9 of the Rule 144A Deposit Agreement). The predecessor depositary, upon payment of all sums due it and on the written request of the Company shallCompany, shall (i) execute and deliver an instrument transferring to such successor all rights and powers of such predecessor hereunder under the Rule 144A Deposit Agreement (other than as contemplated in Sections 5.8 5.5 and 5.95.9 of the Rule 144A Deposit Agreement), (ii) duly assign, transfer and deliver all right, title and interest to in the Rule 144A Deposited Securities to such successor, and (iii) deliver to such successor a list of the Holders of all outstanding ADSs Rule 144A GDR Certificates and such other information relating to ADSs Rule 144A GDR Certificates and Holders thereof as the successor may reasonably request. Any such successor depositary shall promptly provide mail notice of its appointment to such the Holders. Any corporation into or with which the Depositary may be merged or consolidated shall be the considered a successor of the Depositary without the execution or filing of any document or any further act.

Appears in 1 contract

Samples: Regulation S Deposit Agreement (Joint Stock Co Sitronics)

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice of resignation delivered to the Company, such resignation to be effective on the earlier of (i) the 90th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) upon the appointment by the Company of a successor depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal, which removal shall be effective on the earlier of (i) the 90th 60th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) as soon as practicable after upon the Depositary has been notified appointment by the Company in writing of the appointment of a successor depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall use its best efforts to appoint a successor depositary, which shall be a bank or trust company having an office in the Borough of Manhattan in The City of New York. Every successor depositary shall be required by the Company to execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, and thereupon such successor depositary, without any further act or deed (except as required by applicable law), shall become fully vested with all the rights, powers, duties and obligations of its predecessor (other than as contemplated in Sections 5.8 and 5.9)predecessor. The predecessor depositary, upon payment of all sums due it and on the written request of the Company shall, (i) execute and deliver an instrument transferring to such successor all rights and powers of such predecessor hereunder (other than as contemplated in Sections 5.8 5.08 and 5.95.09), (ii) duly assign, transfer and deliver all right, title and interest to the Deposited Securities to such successor, and (iii) deliver to such successor a list of the Holders of all outstanding ADSs Receipts and such other information relating to ADSs Receipts and Holders thereof as the successor may reasonably request. Any such successor depositary shall promptly provide mail notice of its appointment to such Holders. Any corporation into or with which the Depositary may be merged or consolidated shall be the successor of the Depositary without the execution or filing of any document or any further act.

Appears in 1 contract

Samples: Deposit Agreement (Enel Societa Per Azioni)

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice of resignation delivered to the Company, such resignation to be effective on take effect upon the earlier to occur of (i) the 90th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof) or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of removal delivered to the Depositary, which notice of removal shall be effective upon the later of (i) the 90th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal, which removal shall be effective on the earlier of (i) the 90th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) as soon as practicable after the Depositary has been notified by the Company in writing of the appointment of a successor depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall use its best reasonable efforts to appoint a successor depositary. Every successor depositary shall be required by the Company to execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, and thereupon such successor depositary, without any further act or deed (except as required by applicable law), shall become fully vested with all the rights, powers, duties and obligations of its predecessor (other than as contemplated in Sections 5.8 5.5 and 5.95.9 hereof). The predecessor depositary, upon payment of all sums due it and on the written request of the Company shallCompany, shall (i) execute and deliver an instrument transferring to such successor all rights and powers of such predecessor hereunder (other than as contemplated in Sections 5.8 5.5 and 5.95.9 hereof), (ii) duly assign, transfer and deliver all right, title and interest to in the Regulation S Deposited Securities to such successor, and (iii) deliver to such successor a list of the Holders of all outstanding ADSs Regulation S GDR Certificates and such other information relating to ADSs Regulation S GDR Certificates and Holders thereof as the successor may reasonably request. Any such successor depositary shall promptly provide mail notice of its appointment to such the Holders. Any corporation into or with which the Depositary may be merged or consolidated shall be the considered a successor of the Depositary without the execution or filing of any document or any further act.

Appears in 1 contract

Samples: Regulation S Deposit Agreement (Joint Stock Co Sitronics)

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Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder under the Regulation S Deposit Agreement by written notice of resignation delivered to the Company, such resignation to be effective on take effect upon the earlier to occur of (i) the 90th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereofof the Regulation S Deposit Agreement), or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as provided hereinafter providedand in the Regulation S Deposit Agreement. The Depositary may at any time be removed by the Company by written notice of such removalremoval delivered to the Depositary, which notice of removal shall be effective on upon the earlier later of (i) the 90th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereofof the Regulation S Deposit Agreement), or (ii) as soon as practicable after the Depositary has been notified appointment by the Company in writing of the appointment of a successor depositary and its acceptance of such appointment as provided hereinafter providedand in the Regulation S Deposit Agreement. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall use its best reasonable efforts to appoint a successor depositary. Every successor depositary shall be required by the Company to execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, and thereupon such successor depositary, without any further act or deed (except as required by applicable law), shall become fully vested with all the rights, powers, duties and obligations of its predecessor (other than as contemplated in Sections 5.8 5.5 and 5.95.9 of the Regulation S Deposit Agreement). The predecessor depositary, upon payment of all sums due it and on the written request of the Company shallCompany, shall (i) execute and deliver an instrument transferring to such successor all rights and powers of such predecessor hereunder under the Regulation S Deposit Agreement (other than as contemplated in Sections 5.8 5.5 and 5.95.9 of the Regulation S Deposit Agreement), (ii) duly assign, transfer and deliver all right, title and interest to in the Regulation S Deposited Securities to such successor, and (iii) deliver to such successor a list of the Holders of all outstanding ADSs Regulation S GDR Certificates and such other information relating to ADSs Regulation S GDR Certificates and Holders thereof as the successor may reasonably request. Any such successor depositary shall promptly provide mail notice of its appointment to such the Holders. Any corporation into or with which the Depositary may be merged or consolidated shall be the considered a successor of the Depositary without the execution or filing of any document or any further act.

Appears in 1 contract

Samples: Regulation S Deposit Agreement (Joint Stock Co Sitronics)

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice of resignation delivered to the Company, such resignation to be effective on take effect upon the earlier to occur of (i) the 90th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof) or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of removal delivered to the Depositary, which notice of removal shall be effective upon the later of (i) the 90th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal, which removal shall be effective on the earlier of (i) the 90th day after delivery thereof to the Depositary (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.2 hereof), or (ii) as soon as practicable after the Depositary has been notified by the Company in writing of the appointment of a successor depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall use its best reasonable efforts to appoint a successor depositary. Every successor depositary shall be required by the Company to execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, and thereupon such successor depositary, without any further act or deed (except as required by applicable law), shall become fully vested with all the rights, powers, duties and obligations of its predecessor (other than as contemplated in Sections 5.8 5.5 and 5.95.9 hereof). The predecessor depositary, upon payment of all sums due it and on the written request of the Company shallCompany, shall (i) execute and deliver an instrument transferring to such successor all rights and powers of such predecessor hereunder (other than as contemplated in Sections 5.8 5.5 and 5.95.9 hereof), (ii) duly assign, transfer and deliver all right, title and interest to in the Rule 144A Deposited Securities to such successor, and (iii) deliver to such successor a list of the Holders of all outstanding ADSs Rule 144A GDR Certificates and such other information relating to ADSs Rule 144A GDR Certificates and Holders thereof as the successor may reasonably request. Any such successor depositary shall promptly provide mail notice of its appointment to such the Holders. Any corporation into or with which the Depositary may be merged or consolidated shall be the considered a successor of the Depositary without the execution or filing of any document or any further act.

Appears in 1 contract

Samples: Regulation S Deposit Agreement (Joint Stock Co Sitronics)

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