Common use of Obligations of the Depositary Clause in Contracts

Obligations of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company assumes any obligation or shall be subject to any liability under the Deposit Agreement or this Depositary Receipt to the holder hereof or other persons, other than for its negligence, gross negligence, willful misconduct or bad faith. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to Stock, Depositary Shares or Depositary Receipts that in its reasonable opinion may involve it in expense or liability, unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company will be liable for any action or failure to act by it in reliance upon the written advice of or information from legal counsel or accountants or information provided by any person presenting Stock for deposit, any holder of this Depositary Receipt or any other person believed by it in good faith to be competent to give such advice or information.

Appears in 2 contracts

Samples: Deposit Agreement (New Plan Realty Trust), Deposit Agreement (Excel Realty Trust Inc)

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Obligations of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANYthe Depositary's Agents and the Company. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company assumes any obligation or shall be subject to any liability hereunder or under the Deposit Agreement or this Depositary Receipt to the holder hereof or other persons, holders of Receipts other than for its negligence, gross negligence, willful misconduct or bad faiththat each of them agrees to use good faith in the performance of such duties as are specifically set forth in the Deposit Agreement. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to Preferred Stock, Depositary Shares or Depositary Receipts that in its reasonable opinion may involve it in expense or liability, unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company will be liable for any action or failure to act by it in reliance on documents believed by it to be genuine or upon the written advice of or information from legal counsel or accountants or information provided by counsel, accountants, any person presenting Preferred Stock for deposit, any holder of this Depositary a Receipt or any other person believed by it in good faith to be competent to give such advice or information.

Appears in 1 contract

Samples: Deposit Agreement (Level 3 Communications Inc)

Obligations of the Depositary. THE DEPOSITARY'S AGENTS, THE ANY REGISTRAR AND THE COMPANY. Neither the Depositary nor any Depositary's Agent nor the any Registrar nor the Company assumes any obligation or shall be subject to any liability under the this Deposit Agreement or this to holders of Depositary Receipt to the holder hereof or other persons, Shares other than for its such person's own [negligence, as to the Depositary], gross negligence, negligence or willful misconduct or bad faithmisconduct. [Neither the Depositary nor any Depositary's Agent nor the any Registrar nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with in respect to of the Stock, the Depositary Shares or Depositary the Receipts that in its reasonable opinion may involve it in expense or liability, liability unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. .] Neither the Depositary nor any Depositary's Agent nor the any Registrar nor the Company will shall be liable for any action or any failure to act by it in reliance upon the written advice of legal counsel or accountants, or information from legal counsel or accountants or information provided by any person presenting Stock for deposit, any holder of this a Depositary Receipt Share or any other person reasonably believed by it in good faith to be competent to give such advice information. The Depositary, any Depositary's Agent, any Registrar and the Company may each rely and shall each be protected in acting upon any written notice, request, direction or informationother document believed by it to be genuine and to have been signed or presented by the proper party or parties.

Appears in 1 contract

Samples: Deposit Agreement (Del Webb Corp)

Obligations of the Depositary. THE DEPOSITARY'S ’S AGENTS, THE REGISTRAR AND THE COMPANYTRUST. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, the Registrar nor or the Company Corporation assumes any obligation or shall be subject to any liability under the Deposit Agreement or this Depositary Receipt to the holder hereof or other persons, other than for its negligence, gross negligence, willful misconduct or bad faith. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, the Registrar nor or the Company Corporation shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to StockPreferred Shares, Depositary Shares or Depositary Receipts that in its reasonable opinion may involve it in expense or liability, unless indemnity reasonably satisfactory to it against all expense and liability be furnished as often as may be required. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, the Registrar nor or the Company Corporation will be liable for any action or failure to act by it in reliance upon the written advice of or information from legal counsel or accountants or information provided by any person presenting Stock Preferred Shares for deposit, any holder of this Depositary Receipt or any other person believed by it in good faith to be competent to give such advice or information.

Appears in 1 contract

Samples: Deposit Agreement (Mills Corp)

Obligations of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANY. Neither None of the Depositary nor Depositary, any Depositary's Agent nor Agent, the Registrar nor or the Company assumes any obligation or shall be subject to any liability under the Deposit Agreement or this Depositary Receipt to the holder hereof or other persons, other than for its negligence, gross negligence, willful misconduct or bad faith. Neither None of the Depositary nor Depositary, any Depositary's Agent nor Agent, the Registrar nor or the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to Stock, Depositary Shares or Depositary Receipts that in its reasonable opinion may involve it in expense or liability, unless indemnity reasonably satisfactory to it against all expense and liability be furnished as often as may be required. Neither None of the Depositary nor Depositary, any Depositary's Agent nor Agent, the Registrar nor or the Company will be liable for any action or failure to act by it in reliance upon the written advice of or information from legal counsel or accountants or information provided by any person presenting Stock for deposit, any holder of this any Depositary Receipt or any other person believed by it in good faith to be competent to give such advice or information.

Appears in 1 contract

Samples: Deposit Agreement (Saul Centers Inc)

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Obligations of the Depositary. THE DEPOSITARY'S ’S AGENTS, THE REGISTRAR AND THE COMPANY. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, the Registrar nor or the Company assumes any obligation or shall be subject to any liability under the Deposit Agreement or this Depositary Receipt to the holder hereof or other persons, other than for its negligence, gross negligence, willful misconduct or bad faith. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, the Registrar nor or the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to Preferred Stock, Depositary Shares or Depositary Receipts that in its reasonable opinion may involve it in expense or liability, unless indemnity reasonably satisfactory to it against all expense and liability be furnished as often as may be required. Neither None of the Depositary nor Depositary, any Depositary's Agent nor ’s Agent, the Registrar nor or the Company will be liable for any action or failure to act by it in reliance upon the written advice of or information from legal counsel or accountants or information provided by any person presenting Preferred Stock for deposit, any holder of this any Depositary Receipt or any other person believed by it in good faith to be competent to give such advice or information.

Appears in 1 contract

Samples: Deposit Agreement (CBL & Associates Properties Inc)

Obligations of the Depositary. THE DEPOSITARY'S AGENTS, THE REGISTRAR AND THE COMPANYthe Depositary's Agents and the Company. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company assumes any obligation or shall will be subject to any liability hereunder or under the Deposit Agreement or this Depositary Receipt to holders of Receipts other than that each of them agrees to use good faith in the holder hereof or other persons, performance of such duties as are specifically set forth in the Deposit Agreement and other than for its negligence, gross negligence, bad faith or willful misconduct or bad faithmisconduct. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company shall will be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to Stock, Depositary Shares or Depositary Receipts or Common Stock that in its reasonable opinion may involve it in expense or liability, unless indemnity satisfactory to it against all expense and liability be furnished as often as may be required. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company will be liable for any action or any failure to act by it in reliance upon the written advice of or information from legal counsel or accountants or information provided by counsel, accountants, any person presenting Stock for deposit, any holder of this Depositary a Receipt or any other person believed by it in good faith to be competent to give such advice or information.

Appears in 1 contract

Samples: Deposit Agreement (El Paso Energy Corp/De)

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