Amendment of Deposit Agreement. 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 Depositary in any respect which they may deem necessary or desirable. Any amendment imposing any fees or charges (other than fees and charges provided in the Deposit Agreement) or otherwise prejudicing any substantial existing right of the Holder hereof shall, however, not become effective as to this Receipt until the expiration of three months after notice of such amendment shall have been given to the Holder hereof. The Holder and Beneficial Owner this Receipt and of the ADSs evidenced hereby, as the case may be, at the time any such amendment so becomes effective shall be deemed, by continuing to hold this Receipt and the ADSs evidenced hereby, as the case may be, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended by such amendment. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented by ADSs evidenced hereby, except 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 this Receipt or of the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement this Receipt and the Deposit Agreement at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to this Receipt and to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to the Holder hereof or within any other period of time as required for compliance with such laws, rules or regulations.
Appears in 2 contracts
Samples: Deposit Agreement (Kyocera Corp), Deposit Agreement (Kyocera Corp)
Amendment of Deposit Agreement. 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 Depositary in any respect which they may deem necessary or desirable. Any amendment imposing or supplement which shall impose or increase any fees or charges (other than fees charges in connection with foreign exchange control regulations, and charges provided in the Deposit Agreement) taxes and other governmental charges, delivery and other such expenses), or which shall otherwise prejudicing materially prejudice any substantial existing right of the Holder hereof shallHolders or Beneficial Owners, shall not, however, not become effective as to this Receipt outstanding ADSs until the expiration of three months thirty (30) days after notice of such amendment or supplement shall have been given to Holders of outstanding ADSs as provided in Section 7.04 of the Holder hereofDeposit Agreement. The Holder and Beneficial Owner of this Receipt and of the ADSs evidenced hereby, as the case may be, at the time any such amendment so becomes effective shall be deemed, by continuing to hold this Receipt and the ADSs evidenced hereby, as the case may be, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended by such amendment. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor therefore the Deposited Securities represented by ADSs evidenced hereby, except 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 this Receipt or of the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement this Receipt and the Deposit Agreement at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to this Receipt and to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to the Holder hereof or within any other period of time as required for compliance with such laws, rules or regulations.
Appears in 2 contracts
Samples: Amended and Restated Deposit Agreement (Kyocera Corp), Amended and Restated Deposit Agreement (Kyocera Corp)
Amendment of Deposit Agreement. 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 Depositary in any respect which they may deem necessary or desirable. Any amendment imposing or supplement which shall impose or increase any fees or charges (other than fees charges in connection with foreign exchange control regulations, and charges provided in the Deposit Agreement) taxes and other governmental charges, delivery and other such expenses), or which shall otherwise prejudicing materially prejudice any substantial existing right of the Holder hereof shallHolders or Beneficial Owners, shall not, however, not become effective as to this Receipt outstanding ADSs until the expiration of three months thirty (30) days after notice of such amendment or supplement shall have been given to Holders of outstanding ADSs as provided in Section 7.04 of the Holder hereofDeposit Agreement. The Holder and Beneficial Owner of this Receipt and of the ADSs evidenced hereby, as the case may be, at the time any such amendment so becomes effective shall be deemed, by continuing to hold this Receipt and the ADSs evidenced hereby, as the case may be, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended by such amendment. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor therefore the Deposited Securities represented by ADSs evidenced hereby, except 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 this Receipt or of the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement this Receipt and the Deposit Agreement at any .any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to this Receipt and to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to the Holder hereof or within any other period of time as required for compliance with such laws, rules or regulations.
Appears in 2 contracts
Samples: Amended and Restated Deposit Agreement (Citibank,N.A./ADR), Amended and Restated Deposit Agreement (Citibank,N.A./ADR)
Amendment of Deposit Agreement. This Receipt 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 Depositary in any respect which they may deem necessary or desirable. Any amendment imposing or having the effect of increasing any fees or charges payable by the holders of Receipts (other than taxes or other governmental charges, registration fees and charges provided in the Deposit Agreementcable, telex or facsimile transmission and delivery expenses) or otherwise prejudicing any substantial existing right rights of the Holder hereof holders of Receipts shall, however, not become effective as to this Receipt outstanding Receipts until the expiration of three months after notice of such amendment shall have been given to the Holder hereofrecord holders of outstanding American Depositary Receipts and published as provided in the Deposit Agreement. The Holder and Beneficial Owner this Every holder of a Receipt and of the ADSs evidenced hereby, as the case may be, at the time any such amendment so becomes effective shall be deemed, by continuing to hold this such Receipt and the ADSs evidenced hereby, as the case may be, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended by such amendmentthereby. In no event shall any amendment impair the right of the Holder holder hereof to surrender this Receipt and receive therefor the Deposited Securities represented by ADSs evidenced hereby, except in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if This American Depositary Receipt shall not be entitled to any governmental body should adopt new laws, rules or regulations which would require amendment or supplement of this Receipt or of benefits under the Deposit Agreement to ensure compliance therewithor be valid or obligatory for any purpose, the Company and unless this American Depositary Receipt shall have been executed by the Depositary may amend or supplement this Receipt and by the manual signature of a duly authorized officer or, if a Registrar for the Receipts shall have been appointed by the manual signature of a duly authorized officer of such Registrar, JPMorgan Chase Bank, N.A. has been appointed Registrar of Receipts issued under the Deposit Agreement at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to this Receipt and to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to the Holder hereof or within any other period of time as required for compliance with such laws, rules or regulationsAgreement.
Appears in 1 contract
Amendment of Deposit Agreement. 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 Depositary in any respect which they may deem necessary or desirable. Any amendment imposing or supplement which shall impose or increase any fees or charges (other than fees charges in connection with foreign exchange control regulations, and charges provided in the Deposit Agreement) taxes and other governmental charges, delivery and other such expenses), or which shall otherwise prejudicing materially prejudice any substantial existing right of the Holder hereof shallHolders or Beneficial Owners, shall not, however, not become effective as to this Receipt outstanding ADSs until the expiration of three months thirty (30) days after notice of such amendment or supplement shall have been given to Holders of outstanding ADSs as provided in Section 7.04 of the Holder hereofDeposit Agreement. The Holder and Beneficial Owner of this Receipt and of the ADSs evidenced hereby, as the case may be, at the time any such amendment so becomes effective shall be deemed, by continuing to hold this Receipt and the ADSs evidenced hereby, as the case may be, to consent and agree to such amendment and to be bound by the Deposit Agreement and this Receipt as amended by such amendment. In no event shall any amendment impair the right of the Holder hereof to surrender this Receipt and receive therefor therefore the Deposited Securities represented by ADSs evidenced hereby, except 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 this Receipt or of the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement this Receipt and the Deposit Agreement at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to this Receipt and to the Deposit Agreement in such circumstances may become effective before a notice of such amendment or supplement is given to the Holder hereof or within any other period of time as required for compliance with such laws, rules or regulations...
Appears in 1 contract
Samples: Amended and Restated Deposit Agreement (Kyocera Corp)