Common use of Resignation and Removal of the Depositary; Appointment of Successor Depositary Clause in Contracts

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice via registered mail of its election to do so delivered to the Company, such resignation to take effect upon the appointment of a successor depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal delivered to the Depositary, such removal to take effect upon the appointment of a successor depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall, within 45 days after the delivery of the notice of resignation or removal, as the case may be, appoint a successor depositary, which shall be a bank or trust company, or an affiliate of a bank or trust company, having its principal office in the United States of America and having a combined capital and surplus of at least $50,000,000. If a successor depositary shall not have been appointed in 45 days, the resigning or removed Depositary may petition a court of competent Any corporation into or with which the Depositary may be merged, consolidated or converted shall be the successor of such Depositary without the execution or filing of any document or any further act. Such successor depositary may execute the Receipts either in the name of the predecessor depositary or in the name of the successor depositary.

Appears in 1 contract

Samples: Deposit Agreement (Nabors Industries Inc)

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Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice via registered mail of its election so to do so delivered to the Company, such resignation to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal delivered to the Depositary, such removal to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall, within 45 60 days after the delivery of the notice of resignation or removal, as the case may be, appoint a successor depositaryDepositary, which shall be a bank or trust company, or an affiliate of a bank or trust company, company having its principal office in the United States of America and having a combined capital and surplus of at least $50,000,000. If a no successor depositary Depositary shall not have been so appointed in 45 daysand have accepted appointment within 60 days after delivery of such notice, the resigning or removed Depositary may petition a any court of competent Any corporation into or with which jurisdiction for the appointment of a successor Depositary. Every successor Depositary may be mergedshall execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, consolidated or converted shall be the successor of such Depositary without the execution or filing of any document or any further act. Such successor depositary may execute the Receipts either in the name of the predecessor depositary or in the name of the successor depositary.and

Appears in 1 contract

Samples: Deposit Agreement (Indymac Capital Trust Iv)

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice via registered mail of its election to do so delivered to the Company, such resignation to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal delivered to the Depositary, such removal to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall, within 45 60 days after the delivery of the notice of resignation or removal, as the case may be, appoint a successor depositaryDepositary, which shall be a bank or trust company, or an affiliate of a bank or trust company, company having its principal office in the United States of America and having a combined capital and surplus of at least $50,000,000. If a no successor depositary Depositary shall not have been so appointed in 45 daysand have accepted appointment within 60 days after delivery of such notice, the resigning or removed Depositary may petition a any court of competent Any corporation into or with which jurisdiction for the appointment of a successor Depositary. Every successor Depositary may be mergedshall execute and deliver to its predecessor and to the Company an instrument in writing accepting its appointment hereunder, consolidated or converted shall be the successor of such Depositary without the execution or filing of any document or any further act. Such successor depositary may execute the Receipts either in the name of the predecessor depositary or in the name of the successor depositary.and

Appears in 1 contract

Samples: Deposit Agreement (Chase Manhattan Corp /De/)

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written notice via registered mail of its election so to do so delivered to the Company, such resignation to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal delivered to the Depositary, such removal to take effect upon the this appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall, within 45 60 days after the delivery of the notice of resignation or removal, as the case may be, appoint a successor depositaryDepositary, which shall be a bank or trust company, or an affiliate of a bank or trust company, company having its principal office in the United States of America and having a combined capital and surplus of at least $50,000,000. If a successor depositary shall not have been appointed in 45 days, the resigning or removed Depositary may petition a court of competent Any corporation into or with which the Depositary may be merged, consolidated or converted shall be the successor of such Depositary without the execution or filing of any document or any further act, and notice thereof shall not be required hereunder. Such successor depositary Depositary may execute authenticate the Receipts either in the name of the predecessor depositary Depositary or in the name of the successor depositaryDepositary.

Appears in 1 contract

Samples: Chase Manhattan Corp /De/

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Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written delivering notice via registered mail of its election to do so delivered to the Company, such resignation to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company by written notice of such removal delivered to the Depositary, such removal to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company shall, within 45 60 days after the delivery of the notice of resignation or removal, as the case may be, appoint a successor depositaryDepositary, which shall be a bank or trust company, or an affiliate of a bank or trust company, company having its principal office in the United States of America and having a combined capital and surplus of at least $50,000,000150,000,000. If a no successor depositary Depositary shall not have been so appointed in 45 daysand have accepted appointment within 60 days after delivery of such notice, the resigning or removed Depositary may petition a any court of competent Any corporation into or with which jurisdiction for the Depositary may be merged, consolidated or converted shall be the successor appointment of such Depositary without the execution or filing of any document or any further act. Such successor depositary may execute the Receipts either in the name of the predecessor depositary or in the name of the successor depositary.a successor

Appears in 1 contract

Samples: Deposit Agreement (Ps Business Parks Inc/Ca)

Resignation and Removal of the Depositary; Appointment of Successor Depositary. The Depositary may at any time resign as Depositary hereunder by written delivering notice via registered mail of its election to do so delivered to the CompanyCorporation, such resignation to take effect upon the appointment of a successor depositary Depositary and its acceptance of such appointment as hereinafter provided. The Depositary may at any time be removed by the Company Corporation by written notice of such removal delivered to the Depositary, such removal to take effect upon the appointment of a successor depositary Depositary hereunder and its acceptance of such appointment as hereinafter provided. In case at any time the Depositary acting hereunder shall resign or be removed, the Company Corporation shall, within 45 60 days after the delivery of the notice of resignation or removal, as the case may be, appoint a successor depositaryDepositary, which shall be a bank or trust company, or an affiliate of a bank or trust company, company having its principal office in the United States of America and having a combined capital and surplus surplus, along with its affiliates, of at least $50,000,000150,000,000. If a no successor depositary Depositary shall not have been so appointed in 45 daysand have accepted appointment within 60 days after delivery of such notice, the resigning or removed Depositary may petition a any court of competent Any corporation into or with which jurisdiction for the appointment of a successor Depositary. Every successor Depositary may be mergedshall execute and deliver to its predecessor and to the Corporation an instrument in writing accepting its appointment hereunder, consolidated or converted shall be the and thereupon such successor of such Depositary Depositary, without the execution or filing of any document or any further act. Such successor depositary may execute the Receipts either in the name of the predecessor depositary act or in the name of the successor depositary.deed, shall become -17- ActiveUS 167765364v.7

Appears in 1 contract

Samples: Deposit Agreement (State Street Corp)

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