United States or Canadian Person means any person who is a national or resident of the United States or Canada, any corporation, partnership, or other entity created or organized in or under the laws of the United States or Canada or of any political subdivision thereof, or any estate or trust the income of which is subject to United States or Canadian Federal income taxation, regardless of its source (other than any non-United States or non-Canadian branch of any United States or Canadian Person), and shall include any United States or Canadian branch of a person other than a United States or Canadian Person.
United States or Canadian Person means any person who is a national or resident of the United States or Canada, any corporation, partnership or other entity created or organized in or under the laws of the United States or Canada or of any political subdivision thereof, or any estate or trust the income of which is subject to United States or Canadian Federal income taxation, regardless of its source (other than any non-United States or non-Canadian branch of any United States or Canadian Person), and shall include any United States or Canadian branch of a person other than a United States or Canadian Person. "U.S." or "United States" shall mean the United States of America (including the states thereof and the District of Columbia), its territories, its possessions and other areas subject to its jurisdiction.
United States or Canadian Person means any person who is a national
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United States or Canadian Person means any person who is a national or resident of the United States or Canada, any corporation, partnership, or other entity created or organized in or under the laws of the United States or Canada or of any political subdivision thereof, or any estate or trust the income of which is subject to United States or Canadian Federal income taxation, regardless of its source (other than any non-United States or non-Canadian branch of any United States or Canadian Person), and shall include any United States or Canadian branch of a person other than a United States or Canadian Person. "U.S." or "United States" shall mean the United States of America (including the states thereof and the District of Columbia), its territories, its possessions and other areas subject to its jurisdiction. "U.S. Preliminary Prospectus" and "International Preliminary Prospectus", respectively, shall mean any preliminary prospectus with respect to the offering of the U.S. Securities and the International Securities, as the case may be, referred to in paragraph 1(i)(a) above and any preliminary prospectus with respect to the offering of the U.S. Securities and the International Securities, as the case may be, included in the Registration Statement at the Effective Date that omits Rule 430A Information; and the U.S. Preliminary Prospectus and the International Preliminary Prospectus are hereinafter collectively called the "Preliminary Prospectuses".
United States or Canadian Person means any person who is a national or resident of the United States or Canada, any corporation, partnership, or other entity created or organized in or under the laws of the United States or Canada or of any political subdivision thereof, or any estate or trust the income of which is subject to United States or Canadian Federal income taxation, regardless of its source (other than any non- United States or non-Canadian branch of any United States or Canadian Person), and shall include any United States or Canadian branch of a person other than a United States or Canadian Person. "U.S." or "United States" shall mean the United States of America (including the states thereof and the District of Columbia), its territories, its possessions and other areas subject to its jurisdiction. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Company and the several Underwriters. Very truly yours, Xxxxx 0 Communications, Inc. By: /s/ Xxxxxx X. Xxxxxx ------------------------- Name: Xxxxxx X. Xxxxxx Title: Senior Vice President The foregoing Agreement is hereby confirmed and accepted as of the date first above written. Xxxxxxx Xxxxx Xxxxxx Inc. Xxxxxxx, Xxxxx & Co. X.X. Xxxxxx Securities Inc. Xxxxxx Xxxxxxx & Co. Incorporated Chase Securities Inc. Credit Suisse First Boston Corporation Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: Xxxxxxx Xxxxx Barney Inc. By:/s/ D. Xxxxx Xxxxxx ------------------------------ Name: D. Xxxxx Xxxxxx Title: Managing Director For themselves and the other several U.S. Underwriters named in Schedule I to the foregoing Agreement. SCHEDULE I Number of U.S. Underwritten Underwriters Securities to be Purchased ------------ -------------------------- Xxxxxxx Xxxxx Xxxxxx Inc............................ 5,142,500 Xxxxxxx, Sachs & Co................................. 5,142,500 X.X. Xxxxxx Securities Inc.......................... 1,317,500 Xxxxxx Xxxxxxx & Co. Incorporated................... 1,317,500 Chase Securities Inc................................ 510,000 Credit Suisse First Boston Corporation.............. 510,000 Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated.. 510,000 Banc of America Securities LLC...................... 425,000 Xxxxx Partners, Inc................................. 425,000 Xxxxxxxxxxx, Pettis, Smith, Polian Inc.............. 425,000 Lazard Frere...
United States or Canadian Person means any person who is a national or resident of the United States or Canada, any corporation, partnership, or other entity created or organized in or under the laws of the United States or Canada or of any political subdivision thereof, or any estate or trust the income of which is subject to United States or Canadian Federal income taxation, regardless of its source (other than any non- United States or non-Canadian branch of any United States or Canadian Person), and shall include any United States or Canadian branch of a person other than a United States or Canadian Person. "U.S." or "United States" shall mean the United States of America (including the states thereof and the District of Columbia), its territories, its possessions and other areas subject to its jurisdiction. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Company and the several U.S. Underwriters. Very truly yours, Apex Silver Mines Limited By ------------------------------ Chairman The foregoing Agreement is hereby confirmed and accepted as of the date first above written. Salomon Brothers Inc PaineWebber Incorporated Scotia Capital Markets (USA) Inc. Xxxxx Xxxxxx Inc. By: Salomon Brothers Inc By: ------------------------------------- Vice President For themselves and the other several U.S. Underwriters named in Schedule I to the foregoing Agreement. SCHEDULE I ----------
United States or Canadian Person means any national or resident of the United States or Canada, or any corporation, pension, profit-sharing or other trust or other entity organized under the laws of the United States or Canada or of any political subdivision thereof (other than a branch located outside the United States and Canada of any United States or Canadian Person), and shall include any United States or Canadian branch of a person who is otherwise not a United States or Canadian Person, (B) “United States” shall mean the United States of America, its territories, its possessions and all areas subject to its jurisdiction, and (C) “Canada” shall mean Canada, its provinces, its territories and all areas subject to its jurisdiction. The ADSs purchased by the Underwriters will be evidenced by American Depositary Receipts (“ADRs”) to be issued pursuant to a Deposit Agreement dated as of October 31, 2006 (the “Deposit Agreement”), among the Company, The Bank of New York, as depositary (the “Depositary”), and all owners and beneficial owners from time to time of the ADSs.
United States or Canadian Person means any national or resident of the United States or Canada, or any corporation, pension, profit-sharing or other trust or other entity organized under the laws of the United States or Canada or of any political subdivision thereof (other than a branch located outside the United States and Canada of any United States or Canadian Person), and shall include any United States or Canadian branch of a person who is otherwise not a United States or Canadian Person. "UNITED STATES" shall mean the United States of America, its territories, its possessions and all areas subject to its jurisdiction. The agreements of the Underwriters set forth in the first and second paragraphs of this Article III shall terminate upon the earlier of (a) the mutual agreement of the U.S. Representatives and the International Representatives and (b) 30 days after the date hereof, unless the U.S. Representatives or the International Representatives shall have given notice to the other to the effect that the distribution of the Shares by the U.S. Underwriters or the International Underwriters, as the case may be, has not yet been completed. If such notice is given, the agreements set forth in such preceding paragraphs shall survive until the earlier of (x) the mutual agreement referred to in the preceding sentence and (y) 30 days after the date of any such notice. Each U.S. Underwriter represents that it has not offered or sold, and agrees not to offer or sell, any Shares, directly or indirectly, in any province or territory of Canada or to, or for the benefit of, any resident of any province or territory of Canada in contravention of the securities laws thereof and, without limiting the generality of the foregoing, represents that any offer or sale of Shares in Canada will be made only pursuant to an exemption from the requirement to file a prospectus in the province or territory of Canada in which such offer or sale is made. Each U.S. Underwriter further agrees to send to any dealer who purchases from it any of the Shares a notice stating in substance that, by purchasing such Shares, such dealer represents and agrees that it has
United States or Canadian Person means any national or resident of the United States or Canada, or any corporation, pension, profit-sharing or other trust or other entity organized under the laws of the United States or Canada or of any political subdivision thereof (other than a branch located outside the United States and Canada of any United States or Canadian Person), and shall include any United States or Canadian branch of a person who is otherwise not a United States or Canadian Person. "UNITED STATES" shall mean the United States of America, its territories, its possessions and all areas subject to its jurisdiction. Our agreement set forth in this paragraph shall terminate upon the earlier of (a) notice from you to such effect and (b) 30 days after the date of the initial offering of the Shares, unless you have given notice that the distribution of the Shares has not yet been completed. If such latter notice is given, the agreement set forth in this paragraph shall survive until the earlier of (x) the notice of termination referred to in (a) above and (y) 30 days after the date of any notice that the distribution of the Shares has not yet been completed. We further represent that we have not offered or sold, and agree not to offer or sell, directly or indirectly, in Japan or to or for the account of any resident thereof, any of the Shares acquired in connection with the distribution contemplated hereby, except for offers or sales to Japanese International Underwriters or dealers and except pursuant to any exemption from the registration requirements of the Securities and Exchange Law and otherwise in compliance with applicable provisions of Japanese law. We further agree to send to any dealer who purchases from us any of such Shares a notice stating in substance that, by purchasing such Shares, such dealer represents and agrees that it has not offered or sold, and will not offer or sell, any of such Shares, directly or indirectly, in
United States or Canadian Person means any individual who is resident in the United States or Canada or any corporation, pension, profit-sharing or other trust or other entity organized under or governed by the laws of the United States or Canada or of any political subdivision thereof (other than the foreign branch of the United States or Canadian Person), and shall include any United States or Canadian branch of a person other than a United States or Canadian Person; and "United States" shall mean the United States of America, its territories, possessions and all areas subject to its jurisdiction. This Agreement incorporates by reference certain provisions from the U.S. Underwriting Agreement (including the definitions of terms used therein which are also used herein) and, in general, all such provisions (and defined terms) shall be applied MUTATIS MUTANDIS as if the incorporated provisions were set forth in full herein having regard to their context in this Agreement as opposed to the U.S.