Common use of THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER Clause in Contracts

THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER. SECTION 5.1. Maintenance of Office and Transfer Books by the Depositary. Until termination of this Deposit Agreement in accordance with its terms, the Depositary shall maintain in the Borough of Manhattan, The City of New York, facilities for the execution and delivery, registration, registration of transfers and surrender of Receipts in accordance with the provisions of this Deposit Agreement. The Depositary shall keep books for the registration of Receipts and transfers of Receipts which at all reasonable times shall be open for inspection by the Owners, provided that such inspection shall not be for the purpose of communicating with Owners in the interest of a business or object other than the business of the Issuer or a matter related to this Deposit Agreement or the Receipts. The Depositary may close the transfer books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder or at the written request of the Issuer. If any Receipts or the American Depositary Shares evidenced thereby are listed on one or more stock exchanges in the United States, after consultation with the Issuer, the Depositary may act as Registrar, if appointed by the Issuer, or, once appointed by the Issuer and with the written consent of the Issuer, appoint a Registrar or one or more co-registrars for registry of such Receipts in accordance with any requirements of such exchange or exchanges. Such Registrar or co-registrars shall be removed only after consultation with the Issuer. Each Registrar and co-registrar appointed under this Section 5.01 shall give notice thereof in writing to the Issuer and the Depositary accepting such appointment and agreeing to be bound by the applicable terms of this Deposit Agreement. The Issuer shall have the right, at all reasonable times, to inspect transfer and registration records of the Depositary, the Registrar and any co-transfer agents or co-registrars and to require such parties to supply copies of such portions of their records as the Issuer may request.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Gerdau S.A.), Deposit Agreement (Gerdau Sa)

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THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER. SECTION 5.1. 5.1 Maintenance of Office and Transfer Books by the Depositary. Until termination of this Deposit Agreement in accordance with its terms, the Depositary shall maintain in the Borough of Manhattan, The City of New York, facilities for the execution and delivery, registration, registration of transfers and surrender of Receipts in accordance with the provisions of this Deposit Agreement. The Depositary shall keep books for the registration of Receipts and transfers of Receipts which at all reasonable times shall be open for inspection by the Owners, provided that such inspection shall not be for the purpose of communicating with Owners in the interest of a business or object other than the business of the Issuer or a matter related to this Deposit Agreement or the Receipts. The Depositary may close the transfer books, at any time or from time to time, when transfer agents located in The City of New York generally close their transfer books, and at any other time, following consultation with the Issuer to the extent practical, or otherwise with notice given as promptly as practicable to the Issuer, when deemed expedient by it in connection with the performance of its duties hereunder hereunder, or at as the written Issuer may reasonably request of the Issuerin writing. If any Receipts or the American Depositary Shares evidenced thereby are listed or traded on one or more stock exchanges in the United States, after consultation with the Issuer, the Depositary may shall act as Registrar, if appointed by the Issuer, Registrar or, once appointed by the Issuer and with the upon at least 20 days’ prior written consent of notice to the Issuer, appoint a Registrar or one or more co-registrars for registry of such Receipts and to keep books for the registration of Receipts and transfers of Receipts in accordance with any requirements of such exchange or exchangesexchanges as provided in this Section 5.1. Such Registrar or co-registrars shall may be removed only after consultation with and a substitute or substitutes appointed by the Depositary, upon at least 20 days’ prior written notice to the Issuer. Each The Depositary shall cause each Registrar and or co-registrar appointed under this Section 5.01 shall to give notice thereof in writing to the Issuer and the Depositary accepting such appointment and agreeing to be bound abide by the applicable terms provisions of this Deposit Agreement. The Issuer shall will have the right, at all reasonable times, right to inspect the transfer and registration records of the Depositary, take copies thereof and to require the Depositary, the Registrar and any co-transfer agents or co-registrars and to require such parties registrars, to supply copies of such portions of their such records as the Issuer may reasonably request.

Appears in 3 contracts

Samples: Deposit Agreement (Naspers LTD), Deposit Agreement (Naspers LTD), Deposit Agreement (Naspers LTD)

THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER. SECTION 5.1. Section 5.1 Maintenance of Office and Transfer Books by the ----------------------------------------------------- Depositary. ---------- Until termination of this Deposit Agreement in accordance with its terms, the Depositary shall maintain in the Borough of Manhattan, The City of New York, facilities for the execution and delivery, registration, registration of transfers and surrender of Receipts in accordance with the provisions of this Deposit Agreement. The Depositary shall keep books for the registration of Receipts and transfers of Receipts which at all reasonable times shall be open for inspection by the Owners, provided that such inspection shall not be for the purpose of communicating with Owners in the interest of a business or object other than the business of the Issuer or a matter related to this Deposit Agreement or the Receipts. The Depositary may close the transfer books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder or at the written request hereunder, provided that any such closing of the Issuertransfer books shall be subject to the provisions of Section 7.7 which limit the suspensions of withdrawals of Shares. If any Receipts or the American Depositary Shares evidenced thereby are listed on one or more stock exchanges in the United States, after consultation with the Issuer, the Depositary may shall act as Registrar, if appointed by Registrar or appoint a Registrar upon the Issuer, or, once appointed by the Issuer and written request or with the written consent approval of the Issuer, appoint a Registrar Issuer or one or more co-registrars for registry of such Receipts in accordance with any requirements of such exchange or exchanges. Such Registrar or co-registrars shall be removed only after consultation with the Issuer. Each Registrar and Any such co-registrar shall, upon the Issuer's request, and may, with the approval of the Issuer, be removed and a substitute or substitutes appointed under this Section 5.01 shall give notice thereof in writing to the Issuer and the Depositary accepting such appointment and agreeing to be bound by the applicable terms of this Deposit AgreementDepositary. The Issuer shall will have the right, at all reasonable times, right to inspect the transfer and registration records of the Depositary, take copies thereof and to require the Depositary, the Registrar and any co-transfer agents or co-registrars and to require such parties registrars, to supply copies of such portions of their such records as the Issuer may reasonably request.

Appears in 1 contract

Samples: Deposit Agreement (Arm Holdings PLC)

THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER. SECTION 5.15.01. Maintenance of Office and Transfer Books by the Depositary. Until termination of this Deposit Agreement in accordance with its terms, the Depositary shall maintain in the Borough of Manhattan, The City of New York, facilities for the execution and delivery, registration, registration of transfers and surrender of Receipts in accordance with the provisions of this Deposit Agreement. The Depositary shall keep books for the registration of Receipts and transfers of Receipts which at all reasonable times shall be open for inspection by the Owners, provided that such inspection shall not be for the purpose of communicating with Owners in the interest of a business or object other than the business of the Issuer or a matter related to this Deposit Agreement or the Receipts. The Depositary may close the transfer books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder or at the written request of the Issuer. If any Receipts or the American Depositary Shares evidenced thereby are listed on one or more stock exchanges in the United States, after consultation with the Issuer, the Depositary may act as Registrar, if appointed by the Issuer, or, once appointed by the Issuer and with the written consent of the Issuer, appoint a Registrar or one or more co-registrars for registry of such Receipts in accordance with any requirements of such exchange or exchanges. Such Registrar or co-registrars shall be removed only after consultation with the Issuer. Each Registrar and co-registrar appointed under this Section 5.01 shall give notice thereof in writing to the Issuer and the Depositary accepting such appointment and agreeing to be bound by the applicable terms of this Deposit Agreement. The Issuer shall have the right, at all reasonable times, to inspect transfer and registration records of the Depositary, the Registrar and any co-transfer agents or co-registrars and to require such parties to supply copies of such portions of their records as the Issuer may request.

Appears in 1 contract

Samples: Deposit Agreement (Klabin Sa /Fi)

THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER. SECTION 5.1. 5.1 Maintenance of Office and Transfer Books by the Depositary. Until termination of this Deposit Agreement in accordance with its terms, the Depositary shall maintain in the Borough of Manhattan, The City of New York, facilities for the execution and delivery, registration, registration of transfers and surrender of Receipts in accordance with the provisions of this Deposit Agreement. The Depositary shall keep books for the registration of Receipts and transfers of Receipts which at all reasonable times shall be open for inspection by the Owners, provided that such inspection shall not be for the purpose of communicating with Owners in the interest of a business or object other than the business of the Issuer or a matter related to this Deposit Agreement or the Receipts. The Depositary may close the transfer books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder hereunder, or at as the written Issuer may reasonably request in writing, provided that any such closing of the Issuertransfer books shall be subject to the provisions of Section 7.7 which limit the suspensions of withdrawals of Shares. If any Receipts or the American Depositary Shares evidenced thereby are listed on one or more stock exchanges in the United States, after consultation with the Issuer, the Depositary may shall act as Registrar, if appointed by the Issuer, or, once appointed by the Issuer and with the written consent of the Issuer, Registrar or appoint a Registrar or upon the written request or with the written approval of the Issuer one or more co-registrars for registry of such Receipts in accordance with any requirements of such exchange or exchanges. Such Registrar or co-registrars shall be removed only after consultation with the Issuer. Each Registrar and co-registrar appointed under this Section 5.01 5.1 shall give notice thereof in writing to the Issuer and the Depositary accepting such appointment and agreeing to be bound by the applicable terms thereof. Any such co-registrar shall, upon the Issuer's request, and may, with the approval of this Deposit Agreementthe Issuer, be removed and a substitute or substitutes appointed by the Depositary. The Issuer shall will have the right, at all reasonable times, right to inspect the transfer and registration records of the Depositary, take copies thereof and to require the Depositary, the Registrar and any co-transfer agents or co-registrars and to require such parties registrars, to supply copies of such portions of their such records as the Issuer may reasonably request.

Appears in 1 contract

Samples: Deposit Agreement (Gold Fields LTD)

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THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER. SECTION 5.1. Section 5.1 Maintenance of Office and Transfer Books by the Depositary. Until termination of this Deposit Agreement in accordance with its terms, the Depositary shall maintain in the Borough of Manhattan, The City of New York, facilities for the execution and delivery, registration, registration of transfers transfers, combinations or split ups and surrender of Receipts in accordance with the provisions of this Deposit Agreement. The Depositary shall keep books for the registration of Receipts and transfers of Receipts which at all reasonable times shall be open for inspection by the Issuer and Owners, provided that such inspection shall not be for the purpose of communicating with Owners in the interest of a business or object other than the business of the Issuer or a matter related to this Deposit Agreement or the Receipts. The Depositary may close the transfer books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder or at the reasonable written request of the Issuer. If any Receipts or the American Depositary Shares evidenced thereby are listed on one or more stock exchanges in the United States, after consultation the Depositary shall act as Registrar or, with the Issuer, the Depositary may act as Registrar, if appointed by the Issuer, or, once appointed by approval of the Issuer and with the written consent of the Issuer(which approval shall not be unreasonably withheld), appoint a Registrar or one or more co-registrars Registrars for registry of such Receipts in accordance with any requirements of such exchange or exchanges. Such Registrar or co-registrars shall Registrar may be removed only after consultation and a substitute or substitutes may be appointed by the Depositary with the Issuer. Each Registrar and co-registrar appointed under this Section 5.01 shall give notice thereof in writing to approval of the Issuer and the Depositary accepting such appointment and agreeing to (which approval shall not be bound by the applicable terms of this Deposit Agreementunreasonably withheld). The Issuer shall have the right, at all reasonable times, to inspect transfer and registration records of the DepositaryDepository, the Registrar and any co-transfer agents transfers or co-registrars and to require such parties to supply copies of such portions of their records as the Issuer may reasonably request.

Appears in 1 contract

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

THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER. SECTION 5.1. 5.01 Maintenance of Office and Transfer Books by the Depositary. Until termination of this Deposit Agreement in accordance with its terms, the Depositary shall maintain in the Borough of Manhattan, The City of New York, facilities for the execution and delivery, registration, registration of transfers and surrender of Receipts in accordance with the provisions of this Deposit Agreement. The Depositary shall keep books for the registration of Receipts and transfers of Receipts which at all reasonable times shall be open for inspection by the Owners, provided that such inspection shall not be for the purpose of communicating with Owners in the interest of a business or object other than the business of the Issuer or a matter related to this Deposit Agreement or the Receipts. The Depositary may close the transfer books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder or at the written request of the Issuer. If any Receipts or the American Depositary Shares evidenced thereby are listed on one or more stock exchanges in the United States, after consultation with the Issuer, the Depositary may act as Registrar, if appointed by the Issuer, or, once appointed by the Issuer and with the written consent of the Issuer, appoint a Registrar or one or more co-registrars for registry of such Receipts in accordance with any requirements of such exchange or exchanges. Such Registrar or co-registrars shall be removed only after consultation with the Issuer. Each Registrar and co-registrar appointed under this Section 5.01 shall give notice thereof in writing to the Issuer and the Depositary accepting such appointment and agreeing to be bound by the applicable terms of this Deposit Agreement. The Issuer shall have the right, at all reasonable times, to inspect transfer and registration records of the Depositary, the Registrar and any co-transfer agents or co-registrars and to require such parties to supply copies of such portions of their records as the Issuer may request.

Appears in 1 contract

Samples: Deposit Agreement (Parana Bank S.A.)

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