Beneficial Owners definition
Examples of Beneficial Owners in a sentence
As a result, the Company agrees with the Depositary that (i) the limitations on direct or indirect ownership of Shares or voting rights shall apply to the Holders and Beneficial Owners of ADSs (as opposed to the Custodian or the Depositary), and (ii) the Deposit Agreement shall not be considered a shareholder agreement entered into with the intent to exceed the limitation on ownership of Shares or voting rights.
Nothing herein shall be interpreted as obligating the Depositary or the Company to ensure compliance by direct or indirect owners of Shares (including, without limitation, Holders and Beneficial Owners of ADSs) with the ownership restrictions under applicable Brazilian law and/or the Estatuto Social of the Company.
The Company agrees to take any and all actions reasonably necessary to enable Holders and Beneficial Owners to exercise the voting rights accruing to the Deposited Securities and to deliver to the Depositary an opinion of U.S. counsel addressing any actions requested to be taken if so requested by the Depositary.
The obligations under the terms of the Deposit Agreement of Holders and Beneficial Owners of ADSs outstanding as of the Termination Date shall survive the Termination Date and shall be discharged only when the applicable ADSs are presented by their Holders to the Depositary for cancellation under the terms of the Deposit Agreement (except as specifically provided in the Deposit Agreement).
Neither the Depositary, the Custodian, the Company or any of their respective agents or Affiliates shall be required to take any actions whatsoever on behalf of Holders or Beneficial Owners to determine or satisfy such reporting requirements or obtain such regulatory approvals under applicable laws and regulations.