THE DEPOSITARY TRUST AGREEMENT Clause Samples

The Depositary Trust Agreement is a legal document that establishes the terms and conditions under which a depositary holds and manages assets, typically on behalf of investors or beneficiaries. It outlines the roles and responsibilities of the depositary, the rights of the holders of depositary receipts, and the procedures for issuing, transferring, and redeeming those receipts. For example, in the context of American Depositary Receipts (ADRs), this agreement governs how foreign securities are held and how corresponding receipts are issued to U.S. investors. The core function of the Depositary Trust Agreement is to provide a clear and standardized framework for the custody and administration of assets, thereby ensuring transparency and protecting the interests of all parties involved.
THE DEPOSITARY TRUST AGREEMENT. This Receipt is issued upon the terms and conditions set forth in the Depositary Trust Agreement, dated as of _________, 1999 (the "Depositary Trust Agreement"), agreed to by and among the Initial Depositor, the Trustee, all Owners and Beneficial Owners from time to time of Receipts issued thereunder and all Depositors. By becoming an Owner or Beneficial Owner, or by depositing Securities, such Person agrees to become a party to the Depositary Trust Agreement and become bound by all the terms and conditions thereof. The Depositary Trust Agreement sets forth the rights of Owners and the rights and duties of the Trustee in respect of the Securities deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Securities and held thereunder (such Securities, other securities, property, and cash are herein called "Underlying Securities"). Copies of the Depositary Trust Agreement are on file at the Trustee's Corporate Trust Office in New York City. The statements made on the face and reverse of this Receipt are summaries of certain provisions of the Depositary Trust Agreement and are qualified by and subject to the detailed provisions of the Depositary Trust Agreement, to which reference is hereby made. Capitalized terms not defined herein shall have the meanings set forth in the Depositary Trust Agreement.
THE DEPOSITARY TRUST AGREEMENT. This Global Receipt is issued upon the terms and conditions set forth in the Standard Terms for Depositary Trust Agreements, dated as of ___________, 1999 (the "Trust Agreement"), by and among the Trust, the Trustee, the Initial Depositor and the Securities Intermediary. By becoming an Owner, such Person agrees to become a party to the Trust Agreement and become bound by all the terms and conditions thereof. The Trust Agreement sets forth the rights of Owners and the rights and duties of the Trustee in respect of the Shares deposited thereunder and any and all other Shares, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, property, and cash are herein called "Deposited Shares"). Copies of the Trust Agreement are on file at the Trustee's Corporate Trust Office in New York City. The statements made on the face and reverse of this Global Receipt are summaries of certain provisions of the Trust Agreement and are qualified by and subject to the detailed provisions of the Trust Agreement, to which reference is hereby made. Capitalized terms not defined herein shall have the meanings set forth in the Trust Agreement.