Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment which shall impose or increase any fees or charges (other than stock transfer or other taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of Receipts, shall, however, not become effective as to outstanding Receipts until the expiration of thirty days after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under applicable law.
Appears in 4 contracts
Samples: Amended and Restated Deposit Agreement (News Corp LTD), Deposit Agreement (News Holdings LTD), Deposit Agreement (News Corp LTD)
Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment which shall impose or increase any fees or charges (other than stock transfer or other the fees of the Depositary for the issuance and delivery of ADSs and taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of ReceiptsADSs, shall, however, not become effective as to outstanding Receipts ADSs until the expiration of thirty days one (1) month after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of HoldersADSs. Every Holder of a Receipt at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt hereof to surrender such this Receipt and receive therefor the Deposited Securities represented therebyhereby. Any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act or (b) the American Depositary Shares or the Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, except shall be deemed not to materially prejudice any substantial rights of Holders or Beneficial Owners. Notwithstanding the foregoing, if any governmental body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipts at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as otherwise permitted under applicable lawrequired for compliance with such laws, rules or regulations.
Appears in 4 contracts
Samples: Deposit Agreement (Ericsson Lm Telephone Co), Deposit Agreement (Ericsson Lm Telephone Co), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment which that shall impose or increase any fees or charges (other than stock transfer the fees and charges listed in clauses (i) through (v) of the penultimate sentence of paragraph (8)) or other taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which that shall otherwise prejudice any substantial existing right of Holders of ReceiptsHolders, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty 30 days after notice of such amendment shall have been given to the Holders Holders. Every Holder at the expiration of outstanding Receiptssuch 30 days shall be deemed by holding such Receipt to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. The parties hereto agree that In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented hereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at Notwithstanding the time foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement so becomes effective shall be deemedor the form of Receipt to ensure compliance therewith, by continuing to hold such Receipt, to consent the Company and agree to such amendment and to be bound by the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under applicable lawrequired for compliance.
Appears in 4 contracts
Samples: Deposit Agreement (Telmex Internacional, S.A.B. De C.V.), Deposit Agreement (Telefonos De Mexico S a De C V), Deposit Agreement (Telmex Internacional, S.A.B. De C.V.)
Amendment of Deposit Agreement and Receipts. The form of the Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any such amendment, except as provided in this Paragraph (20), requires no consent from Holders or Beneficial Owners of Receipts. Any amendment which shall impose or increase any fees or charges (other than stock transfer the fees of the Depositary for the execution and delivery of Receipts and taxes or other taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of Holders or Beneficial Owners of Receipts, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty days three months after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) Receipts except in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act comply with mandatory provisions of 1933 or (b) the American Depositary Shares or Stock to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holdersapplicable law. Every Holder of a Receipt and any Beneficial Owner of the American Depositary Shares represented thereby at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such ReceiptReceipt or such American Depositary Shares, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt hereof to surrender such this Receipt and receive therefor the Deposited Securities represented thereby, except by the American Depositary Shares evidenced hereby. Any amendment which shall increase any fees of the Depositary for the execution and delivery of Receipts shall not become effective as otherwise permitted under applicable lawto Holders and Beneficial Owners of outstanding Receipts until the expiration of thirty days after notice of such amendment shall have been given to the Holders of outstanding Receipts.
Appears in 3 contracts
Samples: Deposit Agreement (Groupe Danone), Amended and Restated Deposit Agreement (Groupe Danone), Deposit Agreement (Groupe Danone)
Amendment of Deposit Agreement and Receipts. The form of the Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect they may deem necessary or desirable. Any amendment which shall impose or increase any fees or charges (other than stock transfer or other taxes (including, without limitation, stamp taxes) and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of Receipts, shall, however, not become effective as to outstanding Receipts until the expiration of thirty days three months after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree , provided that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at the time any such amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipts, or both of them, as applicable, as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law.
Appears in 3 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Scottish & Southern Energy PLC /Fi), Deposit Agreement (Scottish & Southern Energy PLC /Fi)
Amendment of Deposit Agreement and Receipts. The Subject to the last sentence of the first paragraph of Section 2.05 of the Deposit Agreement, the Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any , provided that any amendment which shall impose that imposes or increase increases any fees or charges (other than stock transfer or other taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which that shall otherwise prejudice any substantial existing right of Holders of ReceiptsHolders, shall, however, not shall become effective as to outstanding Receipts until the expiration of thirty 30 days after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at the time any amendment of to the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to prejudice any substantial rights of Holders. Notwithstanding the foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement or the form of Receipt to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance. Notice of any amendment to the Deposit Agreement or form of Receipts shall not need to describe in detail the specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders to retrieve or receive the text of such amendment (i.e., upon retrieval from the U.S. Securities and Exchange Commission's, the Depositary's or the Company's website or upon request from the Depositary).
Appears in 2 contracts
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
Amendment of Deposit Agreement and Receipts. The Receipts This Receipt and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable. Any amendment which shall impose or increase any fees or charges (other than stock transfer or other charges in connection with foreign exchange control regulations, and taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or and other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of Receipts, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty (30) days after notice of such amendment shall have been given to the Holders of outstanding ReceiptsReceipts in accordance with Section 7.5 of the Deposit Agreement. Notice of any amendment to the Deposit Agreement or any ADR shall not need to describe in detail the specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders and Beneficial Owners to retrieve or receive the text of such amendment (e.g., upon retrieval from the Commission’s, the Depositary’s or the Company’s website or upon request from the Depositary). The parties hereto to the Deposit Agreement agree that any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock ADSs to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder of a Receipt and Beneficial Owner at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receiptthis Receipt or to own any beneficial interest herein, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such this Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body should adopt new laws, rules or regulations which would require an amendment of, or supplement to, the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and this Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement and this Receipt in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance with such laws, rules or regulations.
Appears in 2 contracts
Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Woori Bank)
Amendment of Deposit Agreement and Receipts. The form of the Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by written agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable without the consent of the Holders or Beneficial Owners. Any amendment which shall impose or increase any fees or charges (other than stock the charges of the Depositary for deposits, the execution and delivery of Receipts, custody, transfer or other and registration fees, fees in connection with foreign exchange control regulations, and taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or and such other such expenses), or which shall otherwise materially prejudice any substantial existing right of Holders of Receiptsor Beneficial Owners, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty 30 days after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder of a Receipt and Beneficial Owner at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive therefor the Deposited Securities Property represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body should adopt new laws, rules or regulations which would require amendment of the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend the Deposit Agreement and the Receipt at any time in accordance with such changed rules. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment is given to Holders or within any other period of time as required for compliance.
Appears in 2 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Supplemental Agreement to Deposit Agreement (Stolt Offshore S A)
Amendment of Deposit Agreement and Receipts. The Receipts This Receipt and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable. Any amendment which shall impose or increase any fees or charges (other than stock transfer or other charges in connection with foreign exchange control regulations, and taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or and other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of Receipts, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty (30) days after notice of such amendment shall have been given to the Holders of outstanding ReceiptsReceipts in accordance with Section 7.5 of the Deposit Agreement. Notice of any amendment to the Deposit Agreement or any ADR shall not need to describe in detail the specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders and Beneficial Owners to retrieve or receive the text of such amendment (i.e., upon retrieval from the Commission’s, the Depositary’s or the Company’s website or upon request from the Depositary). The parties hereto to the Deposit Agreement agree that any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock ADSs to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder of a Receipt and Beneficial Owner at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receiptthis Receipt or to own any beneficial interest herein, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such this Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body should adopt new laws, rules or regulations which would require an amendment of, or supplement to, the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and this Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement and this Receipt in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance with such laws, rules or regulations.
Appears in 2 contracts
Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)
Amendment of Deposit Agreement and Receipts. The form of Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by written agreement between the Company and the DepositaryDepositary in any respect they may deem necessary or desirable. Any amendment which shall impose or increase any fees or charges (other than stock transfer or other taxes (including, without limitation, stamp taxes) and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of Receipts, shall, however, not become effective as to outstanding Receipts until the expiration of thirty (30) days after notice of such amendment shall have been given to the Holders of outstanding Receipts. The , provided that the parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt Receipt, at the time any amendment of the Deposit Agreement so becomes effective effective, shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipts or both of them, as applicable, as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law.
Appears in 1 contract
Amendment of Deposit Agreement and Receipts. The Receipts form of this Receipt and any provisions of the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem desirable without the consent of the Holders. Any amendment which shall impose or increase any fees or charges (other than stock the charges of the Depositary for deposits, the execution and delivery of Receipts, custody, transfer or other and registration fees, fees in connection with foreign exchange control regulations, taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or and such other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of ReceiptsHolders, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty days three months after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree ; provided that any amendments amendment to Section 2.07 of the Deposit Agreement which (i) are reasonably necessary (as agreed is effected by an amendment to the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act Company's Articles of 1933 Association or (b) the American Depositary Shares or Stock to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which otherwise shall be deemed not to prejudice any substantial rights of Holderseffective immediately. Every Holder of a Receipt at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such this Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed rules. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance.
Appears in 1 contract
Samples: Deposit Agreement (Cable & Wireless Public Limited Co)
Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between among the Company and the Depositary. Any amendment which that shall impose or increase any fees or charges (other than stock transfer the fees of the Depositary for the execution and delivery or other the cancellation of Receipts and taxes and or other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which that shall otherwise prejudice any substantial existing right of Holders of Receipts, shall, however, not become effective as to outstanding Receipts until the expiration of thirty 30 days after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree ; provided that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at the time any such amendment of the Deposit Agreement so becomes effective effective, if such Holder shall have been given such notice, shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt hereof to surrender such this Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under applicable lawhereby.
Appears in 1 contract
Samples: Deposit Agreement (Bt Group PLC)
Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment which that shall impose or increase any fees or charges (other than stock transfer the fees and charges listed in clauses (i) through (v) of paragraph (8)) or other taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which that shall otherwise prejudice any substantial existing right of Holders of ReceiptsHolders, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty (30) days after notice of such amendment shall have been given to the Holders Holders. Every Holder at the expiration of outstanding Receiptssuch thirty (30) days shall be deemed by holding such Receipt to consent and agree to such amendment and to be bound by the Deposit Agreement or the Receipt as amended thereby. The parties hereto agree that In no event shall any amendment impair the right of the Holder of any Receipt to surrender such Receipt and receive the Deposited Securities represented thereby, except in order to comply with mandatory provisions of applicable law. Any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at Notwithstanding the time foregoing, if any governmental body or regulatory body should adopt new laws, rules or regulations which would require amendment or supplement of the Deposit Agreement so becomes effective shall be deemedor the form of ADR to ensure compliance therewith, by continuing to hold such Receipt, to consent the Company and agree to such amendment and to be bound by the Depositary may amend or supplement the Deposit Agreement and the Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as amended therebyrequired for compliance. In no event shall Notice of any amendment impair to the right Deposit Agreement or form of Receipts shall not need to describe in detail the Holder of any Receipt to surrender such Receipt and receive therefor the Deposited Securities represented specific amendments effectuated thereby, except as otherwise permitted under applicable lawand failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders to retrieve or receive the text of such amendment (i.e., upon retrieval from the U.S. Securities and Exchange Commission's, the Depositary's or the Company's website or upon request from the Depositary).
Appears in 1 contract
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
Amendment of Deposit Agreement and Receipts. The Receipts and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the Depositary. Any amendment which shall impose or increase any fees or charges (other than stock transfer the fees of the Depositary for the execution and delivery or other the cancellation of Receipts and taxes and or other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of Receipts, shall, however, not become effective as to outstanding Receipts until the expiration of thirty days three months after notice of such amendment shall have been given to the Holders of outstanding Receipts. The ================================================================================ ================================================================================ parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock Shares to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at the time any amendment of to the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement or such Receipt as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt hereof to surrender such this Receipt and receive therefor the Deposited Securities represented therebyhereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law.
Appears in 1 contract
Amendment of Deposit Agreement and Receipts. The Receipts This Receipt and the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem necessary or desirable. Any amendment which shall impose or increase any fees or charges (other than stock transfer or other charges in connection with foreign exchange control regulations, and taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or and other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of Receipts, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty 30 days after notice of such amendment shall have been given to the Holders of outstanding ReceiptsReceipts in accordance with Section 7.05 of the Deposit Agreement. The parties hereto to the Deposit Agreement agree that any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary Shares or Stock ADSs to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to materially prejudice any substantial rights of HoldersHolders or Beneficial Owners. Every Holder of a Receipt and Beneficial Owner at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receiptthis Receipt or to own any beneficial interest herein, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt to surrender such this Receipt and receive therefor the Deposited Securities represented thereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body should adopt new laws, rules or regulations which would require an amendment of, or supplement to, the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and this Receipt at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement and this Receipt in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance with such laws, rules or regulations.
Appears in 1 contract
Amendment of Deposit Agreement and Receipts. The form of the Receipts and any provisions of the Deposit Agreement may at any time and from time to time be amended by agreement between the Company and the DepositaryDepositary in any respect which they may deem desirable. Any amendment which shall impose or increase any fees or charges (other than stock transfer the fees of the Depositary for deposit, the execution and delivery of Receipts and taxes or other taxes and other governmental charges, transfer or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any substantial existing right of Holders of ReceiptsHolders, shallshall not, however, not become effective as to outstanding Receipts until the expiration of thirty days three (3) months after notice of such amendment shall have been given to the Holders of outstanding Receipts. The parties hereto agree that any amendments which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the American Depositary Shares ADSs to be registered on Form F-6 under the Securities Act of 1933 or (b) the American Depositary ADSs or Shares or Stock to be traded solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, are non-exclusive examples of amendments which shall be deemed not to prejudice any substantial rights of Holders. Every Holder of a Receipt at the time any amendment of the Deposit Agreement so becomes effective shall be deemed, by continuing to hold such Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any amendment impair the right of the Holder of any Receipt hereof to surrender such this Receipt and receive therefor the Deposited Securities represented therebyhereby, except as otherwise permitted under in order to comply with mandatory provisions of applicable law.
Appears in 1 contract