ADR Amendment. The form of ADR attached as Exhibit A to the Deposit Agreement and each of the ADRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by: (a) deleting the first sentence of paragraph (1) thereof in its entirety and inserting the following in its stead: “This American Depositary Receipt is one of an issue of American Depositary Receipts (“Receipts” or “ADRs”), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement, dated as of September 29, 2000, by and among the Company, the Depositary and all Holders and Beneficial Owners from time to time of American Depositary Shares (“ADSs”) evidenced by ADRs, as supplemented by a letter agreement, dated as of February 1, 2001, by and between the Company and the Depositary, and as further supplemented by a letter agreement, dated as of September 25, 2003, by and between the Company and the Depositary, and as amended by Amendment No. 1 to the Amended and Restated Deposit Agreement, dated as of April 6, 2006, by and between the Company and the Depositary, and as further amended by Amendment No. 2 to the Amended and Restated Deposit Agreement, dated as of November 27, 2006, by and between the Company and the Depositary (as so amended and supplemented and as further amended and supplemented from time to time, the “Deposit Agreement”), with each Holder and Beneficial Owner from time to time of ADSs evidenced by ADRs, by accepting an ADS, becoming bound by all the terms and provisions thereof.” (b) deleting paragraph (10) thereof in its entirety and inserting the following in its stead:
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Samples: Amendment No. 2 to Amended and Restated Deposit Agreement (Citibank,N.A./ADR)
ADR Amendment. The form of ADR attached as Exhibit A to the Deposit Agreement and each of the ADRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by:
(a) deleting the first sentence of paragraph (1) thereof in its entirety and inserting the following in its stead: “"This American Depositary Receipt is one of an issue of American Depositary Receipts (“"Receipts” " or “"ADRs”"), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement, dated as of September 29, 2000, by and among the Company, the Depositary and all Holders and Beneficial Owners from time to time of American Depositary Shares (“"ADSs”") evidenced by ADRs, as supplemented by a letter agreement, dated as of February 1, 2001, by and between the Company and the Depositary, and as further supplemented by a letter agreement, dated as of September 25, 2003, by and between the Company and the Depositary, and as amended by Amendment No. 1 to the Amended and Restated Deposit Agreement, dated as of April 6, 2006, by and between the Company and the Depositary, and as further amended by Amendment No. 2 to the Amended and Restated Deposit Agreement, dated as of November 27, 2006[DATE], by and between the Company and the Depositary (as so amended and supplemented and as further amended and supplemented from time to time, the “"Deposit Agreement”"), with each Holder and Beneficial Owner from time to time of ADSs evidenced by ADRs, by accepting an ADS, becoming bound by all the terms and provisions thereof.”"
(b) deleting paragraph (10) thereof in its entirety and inserting the following in its stead:
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Samples: Deposit Agreement (Advanced Semiconductor Engineering Inc)
ADR Amendment. The form of ADR attached as Exhibit A to the Deposit Agreement and each of the ADRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by:
(a) deleting the first sentence of paragraph Paragraph (1) thereof in its entirety and inserting the following in its stead: “This American Depositary Receipt is one of an issue of American Depositary Receipts (“Receipts” or “ADRs”), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement, dated as of October 18, 1999, as amended by Amendment No. 1 to Deposit Agreement, dated as of January 6, 2000, as amended by Amendment No. 2 to Deposit Agreement, dated as of September 2924, 20002002, as supplemented by the Supplemental Letter Agreement, dated as of November 2, 2007, and as further amended by Amendment No. 3, dated as of June 15, 2009 (as so amended and supplemented, and as further amended and supplemented from time to time, the “Deposit Agreement”), by and among the Company, the Depositary and all Holders and Beneficial Owners from time to time of American Depositary Shares (“ADSs”) evidenced by ADRs, as supplemented by a letter agreement, dated as each of February 1, 2001, by and between the Company and the Depositary, and as further supplemented by a letter agreement, dated as of September 25, 2003, by and between the Company and the Depositary, and as amended by Amendment No. 1 to the Amended and Restated Deposit Agreement, dated as of April 6, 2006, by and between the Company and the Depositary, and as further amended by Amendment No. 2 to the Amended and Restated Deposit Agreement, dated as of November 27, 2006, by and between the Company and the Depositary (as so amended and supplemented and as further amended and supplemented from time to time, the “Deposit Agreement”), with each Holder and Beneficial Owner from time to time of ADSs evidenced by ADRs, whom by accepting an ADS, becoming ADS becomes bound by all the terms and provisions thereof.”
(b) deleting paragraph Replacing the period at the end of item (iv) of Paragraph (10) thereof in its entirety with a semicolon and inserting adding the following as item (v) of Paragraph (10) thereof:
(v) to any Holder of ADS(s), a fee not in its stead:excess of U.S. $5.00 per 100 ADSs (or fraction thereof) held on the applicable ADS Record Date(s) established by the Depositary.”
(c) adding the following as a new subparagraph to follow the last subparagraph of Paragraph (10)
Appears in 1 contract
ADR Amendment. The form of ADR attached as Exhibit A to the Deposit Agreement and each of the ADRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by:
(a) deleting the first sentence of paragraph Paragraph (1) thereof in its entirety and inserting the following in its stead: “"This American Depositary Receipt is one of an issue of American Depositary Receipts (“Receipts” or “"ADRs”"), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement, dated as of October 18, 1999, as amended by Amendment No. 1 to Deposit Agreement, dated as of January 6, 2000, as amended by Amendment No. 2 to Deposit Agreement, dated as of September 2924, 20002002, as supplemented by the Supplemental Letter Agreement, dated as of November 2, 2007, and as further amended by Amendment No. 3, dated as of _________, 2009 (as so amended and supplemented, and as further amended and supplemented from time to time, the "Deposit Agreement"), by and among the Company, the Depositary and all Holders and Beneficial Owners from time to time of American Depositary Shares (“ADSs”) evidenced by ADRs, as supplemented by a letter agreement, dated as each of February 1, 2001, by and between the Company and the Depositary, and as further supplemented by a letter agreement, dated as of September 25, 2003, by and between the Company and the Depositary, and as amended by Amendment No. 1 to the Amended and Restated Deposit Agreement, dated as of April 6, 2006, by and between the Company and the Depositary, and as further amended by Amendment No. 2 to the Amended and Restated Deposit Agreement, dated as of November 27, 2006, by and between the Company and the Depositary (as so amended and supplemented and as further amended and supplemented from time to time, the “Deposit Agreement”), with each Holder and Beneficial Owner from time to time of ADSs evidenced by ADRs, whom by accepting an ADS, becoming ADS becomes bound by all the terms and provisions thereof.”"
(b) deleting paragraph Replacing the period at the end of item (iv) of Paragraph (10) thereof in its entirety with a semicolon and inserting adding the following as item (v) of Paragraph (10) thereof:
(v) to any Holder of ADS(s), a fee not in its stead:excess of U.S. $5.00 per 100 ADSs (or fraction thereof) held on the applicable ADS Record Date(s) established by the Depositary."
(c) adding the following as a new subparagraph to follow the last subparagraph of Paragraph (10)
Appears in 1 contract
ADR Amendment. The form of ADR attached as Exhibit A to the Deposit Agreement and each of the ADRs issued and outstanding under the terms of the Deposit Agreement is hereby amended as of the Effective Date by:
(a) deleting the first sentence of paragraph (1) thereof in its entirety and inserting the following in its stead: “"This American Depositary Receipt is one of an issue of American Depositary Receipts (“Receipts” or “"ADRs”"), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement, dated as of September 29May 25, 20001993, as amended by the First Amendment to Deposit Agreement, dated as of April 24, 1997, as amended by the Second Amendment to Deposit Agreement, dated as of July 20, 2007, as further amended by the Third Amendment to Deposit Agreement, dated as of [_____], 2008 (as so amended and as further amended and supplemented from time to time, the "Deposit Agreement"), by and among the Company, the Depositary and all Holders and Beneficial Owners from time to time of American Depositary Shares (“ADSs”) evidenced by ADRs, as supplemented by a letter agreement, dated as of February 1, 2001, by and between the Company and the Depositary, and as further supplemented by a letter agreement, dated as of September 25, 2003, by and between the Company and the Depositary, and as amended by Amendment No. 1 to the Amended and Restated Deposit Agreement, dated as of April 6, 2006, by and between the Company and the Depositary, and as further amended by Amendment No. 2 to the Amended and Restated Deposit Agreement, dated as of November 27, 2006, by and between the Company and the Depositary (as so amended and supplemented and as further amended and supplemented from time to time, the “Deposit Agreement”), with each Holder and Beneficial Owner from time to time of ADSs evidenced by ADRs, each of whom by accepting an ADS, becoming ADS becomes bound by all the terms and provisions thereof.”"
(b) deleting paragraph (106) thereof in its entirety and inserting the following in its stead: "The Depositary shall charge the following fees:
(i) Issuance Fee: to any person depositing Shares or to whom ADSs are issued upon the deposit of Shares, a fee not in excess of U.S. $5.00 per 100 ADSs (or fraction thereof) so issued under the terms of the Deposit Agreement (excluding issuances pursuant to paragraph (iv) below);
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Samples: Third Amendment to Deposit Agreement (Petroleum Geo Services Asa)