Common use of Amendment and Restatement of Prior Deposit Agreement Clause in Contracts

Amendment and Restatement of Prior Deposit Agreement. The Deposit Agreement amends and restates the Prior Deposit Agreement in its entirety to consist exclusively of the Deposit Agreement, and each Old ADR is hereby deemed amended and restated to substantially conform to the form of ADR set forth in Exhibit A annexed hereto, except that, to the extent any portion of such amendment and restatement would prejudice any substantial existing right of Holders and Beneficial Owners of Old ADRs, such portion shall not become effective as to such Holders or Beneficial Owners with respect to such Old ADRs until 30 days after Holders shall have received notice thereof, such notice to be conclusively deemed given upon the mailing to such Holders of notice of such amendment and restatement which notice contains a provision whereby such Holders can receive a copy of the form of ADR.

Appears in 4 contracts

Samples: Deposit Agreement (Companhia Vale Do Rio Doce), Deposit Agreement (Mercantil Servicios Financieros, C.A.), Deposit Agreement (Companhia Vale Do Rio Doce)

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Amendment and Restatement of Prior Deposit Agreement. The Deposit Agreement amends and restates the Prior Deposit Agreement in its entirety to consist exclusively of the Deposit Agreement, and each Old ADR Prior Receipt is hereby deemed amended and restated to substantially conform to the form forms of ADR GDR set forth in Exhibit A Exhibits A-1 and A-2 annexed hereto, except that, to the extent any portion of such amendment and restatement would prejudice any substantial existing right of Holders and Beneficial Owners of Old ADRsPrior Receipts, such portion shall not become effective as to such Holders or Beneficial Owners with respect to such Old ADRs Prior Receipts until 30 days after such Holders shall have received notice thereof, such notice to be conclusively deemed given upon the mailing to such Holders of notice of such amendment and restatement which notice contains a provision whereby such Holders can receive a copy of the applicable form of ADRGDR.

Appears in 1 contract

Samples: Deposit Agreement

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