Common use of Xxx Xxxxxxx Xxxxxxxxx Clause in Contracts

Xxx Xxxxxxx Xxxxxxxxx. Xxxx Xxxxxxxx Depositary Receipt is one of an issue (herein called “Xxxxxxxx”), xxx issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement, dated as of _______, 2010 (herein called the “Deposit Agreement”), by and among the Company, the Depositary, and all Owners from time to time of American Depositary Shares issued thereunder, each of whom by accepting American Depositary Shares agrees to become a party thereto and become bound by all the terms and conditions thereof. The Deposit Agreement sets forth the rights of Owners and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, property, and cash are herein called “Deposited Securities”). Copies of the Deposit Agreement are on file at the Depositary’s Corporate Trust Office in New York City and at the office of the Custodian. The statements made on the face and reverse of this Receipt are summaries of certain provisions of the Deposit Agreement and are qualified by and subject to the detailed provisions of the Deposit Agreement, to which reference is hereby made. Capitalized terms defined in the Deposit Agreement and not defined herein shall have the meanings set forth in the Deposit Agreement.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

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Xxx Xxxxxxx Xxxxxxxxx. Xxxx Xxxxxxxx Xxerican Depositary Receipt is one of an issue (herein called “callex "Xxxxxxxx"), xxx all issued and to be issued upon the terms and conditions set forth in the Amended amended and Restated Deposit Agreementrestated deposit agreement, dated as of _______June 27, 2010 2002 (herein called the "Deposit Agreement"), by and among the Company, the Depositary, and all Owners and holders from time to time of American Depositary Shares Receipts issued thereunder, each of whom by accepting American Depositary Shares a Receipt agrees to become a party thereto and become bound by all the terms and conditions thereof. The Deposit Agreement sets forth the rights of Owners and holders of the Receipts and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, property, and cash are herein called "Deposited Securities"). Copies of the Deposit Agreement are on file at the Depositary’s 's Corporate Trust Office in New York City and at the office of the Custodian. The statements made on the face and reverse of this Receipt are summaries of certain provisions of the Deposit Agreement and are qualified by and subject to the detailed provisions of the Deposit Agreement, to which reference is hereby made. Capitalized terms defined in the Deposit Agreement and not defined herein shall have the meanings set forth in the Deposit Agreement.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Xxx Xxxxxxx Xxxxxxxxx. Xxxx Xxxxxxxx This American Depositary Receipt is one of an issue (herein called “Xxxxxxxx”the Receipts), xxx all issued and to be issued upon the terms and conditions set forth in the Deposit Agreement, dated as of December 3, 1990, as amended by Amendment No. 1 to Deposit Agreement, dated as of October 7, 1994 and Amendment No. 2 to Deposit Agreement, dated as of June 1, 1997, and as further amended by the Amended and Restated Deposit Agreement, dated as of _______November 19, 2010 1997 (herein called as so amended and as further amended from time to time, the "Deposit Agreement"), by and among the Company, the Depositary, Depositary and all Holders and Beneficial Owners from time to time of American Depositary Shares Receipts issued thereunder, each of whom by accepting American Depositary Shares a Receipt agrees to become a party thereto and become becomes bound by all the terms and conditions provisions thereof. The Deposit Agreement sets forth the rights of Holders and Beneficial Owners of the Receipts and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder thereunder, subject in the case of cash to paragraph (11) hereof, (such Shares, securities, property, property and cash are herein called "Deposited Securities"). Copies of the Deposit Agreement are on file at the Depositary’s Corporate Trust Agency Office in New York City of the Depositary and at the office of the Custodian. The statements made on the face and the reverse of this Receipt are summaries of certain provisions of the Deposit Agreement and are qualified by and subject to the detailed provisions of the Deposit Agreement, to which reference is hereby made. Capitalized , and terms defined in the Deposit Agreement and not otherwise defined herein shall have the meanings set forth meaning ascribed to them in the Deposit Agreement.

Appears in 1 contract

Samples: Deposit Agreement (Groupe Danone)

Xxx Xxxxxxx Xxxxxxxxx. Xxxx Xxxxxxxx This American Depositary Receipt is one of an issue (herein called “Xxxxxxxx”the Receipts), xxx all issued and to be issued upon the terms and conditions set forth in the Amended and Restated & Resealed Deposit Agreement, Agreement dated as of _______September 26, 2010 1995 (herein called the Deposit Agreement, and which amends, restates and supersedes that certain Deposit Agreement dated as of May 17, 1983 as amended by that certain Amendment No. 1 to Deposit Agreement dated as of September 20, 1990 and that certain Amendment No. 2 to Deposit Agreement dated as of March 1, 1994), by and among the Company, the Depositary, Depositary and all Owners Holders from time to time of American Depositary Shares Receipts issued thereunder, each of whom by accepting American Depositary Shares a Receipt agrees to become a party thereto and become be bound by all the terms and conditions provisions thereof. The Deposit Agreement sets forth the rights of Owners Holders of the Receipts and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such SharesSues, securities, property, property and cash are herein called Deposited Securities). Copies of the Deposit Agreement are on file at the Depositary’s Corporate Trust Office in New York City and at the office principal offices of the CustodianDepositary and the Custodians. The statements made on the face and the reverse of this Receipt are summaries of certain provisions of the Deposit Agreement and are qualified by and subject to the detailed provisions of the the' Deposit Agreement, to which reference is hereby made. Capitalized The terms "deposit", "surrender", "deliver", "transfer" or "withdraw" when used with respect to Shares, shall refer, where the context requires, to an entry or entries or an electronic transfer or transfers in an account or accounts maintained by institutions authorized under applicable law to effect transfers of securities (which may but need not be the VPC (as defined in the Deposit Agreement paragraph (3) below)), and not defined herein shall have to the meanings set forth in physical transfer of certificates representing the Deposit AgreementShares.

Appears in 1 contract

Samples: Deposit Agreement (Ericsson Lm Telephone Co)

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Xxx Xxxxxxx Xxxxxxxxx. Xxxx Xxxxxxxx Xxxxxxxted American Depositary Receipt receipt is one of an issue of Restricted American Depositary Receipts (herein called “Xxxxxxxx”"Receipts"), xxx issued executed and delivered pursuant to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement, dated as of _______June 11, 2010 1996 (herein called the "Original Deposit Agreement"), by and among the Company, the Depositary, and all registered Holders and Beneficial Owners of Receipts from time to time of American Depositary Shares Receipts issued thereunder, as supplemented by that certain Letter Agreement , dated as of April 24, 2007, by and between the Depositary and the Company, the (the "Letter Agreement" and together with the Original Deposit Agreement as the same may be further amended or supplemented from time to time, the "Deposit Agreement"), each of whom by accepting American Depositary Shares a Receipt agrees to become a party thereto and become bound by all the terms and conditions thereof. The Deposit Agreement sets forth the rights and obligations of Holders and Beneficial Owners and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, propertyproperty and cash, and cash are herein called “collectively, "Deposited Securities"). Copies of the Deposit Agreement are on file at the Depositary’s Corporate Trust Principal Office in New York City of the Depositary and at the office of the Custodian. The statements made on the face and reverse of this Receipt are summaries of certain provisions of the Deposit Agreement and the By-laws of the Company and are qualified by and subject to the detailed provisions of the Deposit Agreement, to which reference is hereby made. Capitalized All capitalized terms defined in the Deposit Agreement and used herein which are not otherwise defined herein shall have the meanings set forth ascribed thereto in the Deposit Agreement. The Depositary makes no representation or warranty as to the validity or worth of the Deposited Securities.

Appears in 1 contract

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

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