Holders of Receipts Are Parties. The holders of Receipts from time to time shall be parties to this Deposit Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts by acceptance of delivery thereof.
Holders of Receipts Are Parties. The Holders of Receipts from time to time shall be parties to this Deposit Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts by acceptance of delivery thereof. Each Holder of Receipts shall become a party hereto upon acceptance by such Holder of Receipt of delivery of one or more Receipts issued in accordance with the terms hereof. The undersigned has executed this Deposit Agreement as of the date first set forth above. XXXXXXXX PETROLEUM CORPORATION By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Senior Vice President, General Counsel and Corporate Secretary The undersigned has executed this Deposit Agreement as of the date first set forth above. AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Executive Director EXHIBIT A FORM OF RECEIPT [FORM OF FACE OF RECEIPT] Unless this receipt is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to Xxxxxxxx Petroleum Corporation or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. DEPOSITARY SHARES $ DEPOSITARY RECEIPT NO. FOR DEPOSITARY SHARES, EACH REPRESENTING 1/1000th OF ONE SHARE OF 10.00% SERIES E CUMULATIVE CONVERTIBLE PREFERRED STOCK OF XXXXXXXX PETROLEUM CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE CUSIP 382410 850 SEE REVERSE FOR CERTAIN DEFINITIONS Dividend Payment Dates: Beginning March 15, 2016, each March 15, June 15, September 15 and December 15. AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Depositary (the “Depositary”), hereby certifies that Cede & Co. is the registered owner of DEPOSITARY SHARES (“Depositary Shares”), each Depositary Share representing 1/1000th of one share of 10.00% Series E Cumulative Convertible Preferred Stock, liquidation preference $10.00 per share, $1.00 par value per share (the “Series E Preferred Stock”), of Xxxxxxxx Petroleum Corporation, a Delaware corporation (the “Corporation”), on deposit with the Depositary, subject to the terms and entitl...
Holders of Receipts Are Parties. By acceptance of delivery of the Receipts, any holder of such Receipt from time to time shall be deemed to have agreed to become a party to this Deposit Agreement and to be bound by all of the terms and conditions hereof and of the Receipts to the same extent as though such person executed this Agreement. SECTION 7.07.
Holders of Receipts Are Parties. The Holders of Receipts from time to time shall be parties to this Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts. The provisions of this Agreement are intended to benefit only the parties hereto and their respective permitted successors and assigns, and no rights shall be granted to any other person by virtue of this Agreement. It is the intent of the Fund that the Holders of the Receipts shall at all times have all of the rights and privileges of the Municipal Term Preferred Shares that are represented by the Depositary Shares. Without limiting the generality of the foregoing, the Fund acknowledges and agrees that each Holder of a Receipt, in the event of any default in the payment of the redemption price required to be paid upon the redemption of any MuniFund Term Preferred Shares represented by such Receipt and the Depositary Shares evidenced thereby (and subject to any notice and cure provisions for the benefit of the Fund contained in the Statement), shall have the same rights as a holder of the MuniFund Term Preferred Shares against the Fund with respect to such default.
Holders of Receipts Are Parties. The holders of Depositary Shares from time to time shall be parties to this Deposit Agreement shall be bound by all of the terms
Holders of Receipts Are Parties. 24 DEPOSIT AGREEMENT This DEPOSIT AGREEMENT, dated as of August 13, 2020, is entered into among (i) LEVEL ONE BANCORP, INC., a Michigan corporation, (ii) CONTINENTAL STOCK TRANSFER & TRUST COMPANY, as Depositary (as hereinafter defined), and (iii) the Holders (as hereinafter defined) from time to time of the Receipts described herein.
Holders of Receipts Are Parties. Supremacy of Certificate. (a) By acceptance of delivery of ------------------------ the Receipts, any holder of such Receipt from time to time shall be deemed to have agreed to become a party to this Deposit Agreement and to be bound by all of the terms and conditions hereof and of the Receipts to the same extent and with the same effect as though such person had executed this Deposit Agreement.
Holders of Receipts Are Parties. 23 Section 7.10. Governing Law and Submission to Jurisdiction 23 Section 7.11. Inspection of Deposit Agreement 24 Section 7.12. Headings 24 Section 7.13. Foreign Account Tax Compliance Act (FATCA) 24 Section 7.14. Depositary Not Responsible for Recitals or Issuance of Receipts 24 EXHIBIT A – Form of Receipt EXHIBIT B EXHIBIT C DEPOSIT AGREEMENT dated as of December 6, 2017, among E*TRADE FINANCIAL CORPORATION, a Delaware corporation, THE BANK OF NEW YORK MELLON, a New York banking corporation, and the holders from time to time of the Receipts described herein.
Holders of Receipts Are Parties. 30 SECTION 7.07. Governing Law. 30
Holders of Receipts Are Parties. 21 Section 7.7............
