Amendments to Deposit Agreement. SECTION 2.01. All references in the Deposit Agreement to the term “Deposit Agreement” shall, as of the Effective Date (as herein defined), refer to the Deposit Agreement, dated as of January 2, 2007 as amended as of the date hereof.
SECTION 2.02. Section 3 of the Deposit Agreement is deleted in its entirety and replaced with the following:
Amendments to Deposit Agreement. SECTION 2.01. All references in the Deposit Agreement and the Receipts to the term "Deposit Agreement" shall, as of the Effective Date (as herein defined), refer to the Deposit Agreement, as amended by this Amendment.
SECTION 2.02. As of the Effective Date (as hereinafter defined), the second sentence of Section 1.3 of the Deposit Agreement is amended by replacing "ten Shares" with "100 Shares".
Amendments to Deposit Agreement. 2 SECTION 2.01
Amendments to Deposit Agreement. After the Effective Date, the Company will deliver to the Underwriter a copy of any proposed amendment to the Deposit Agreement, prior to effectiveness of any such amendment.
Amendments to Deposit Agreement. SECTION 2.01. All references in the Deposit Agreement, the Receipts and in the form of Receipt to the term "Deposit Agreement" shall, as of the Effective Date (as herein defined), refer to the Deposit Agreement as amended and supplemented by this Amendment.
Amendments to Deposit Agreement. SECTION 2.01. All references in the Deposit Agreement to the term "Deposit Agreement" shall, as of the date hereof, refer to the Deposit Agreement, dated as of October 21, 2009 as amended by this Amendment.
SECTION 2.02. The second and third sentences of Section 2.2.3 of the Deposit Agreement are amended to read as follows: Notwithstanding any notice to the contrary, the Depositary and the Company may deem and treat the Holder of a Receipt (that is, the person in whose name a Receipt is registered on the books of the Depositary) as the absolute owner thereof for all purposes. Neither the Depositary nor the Company shall have any obligation nor be subject to any liability under this Deposit Agreement or any Receipt to any holder of a Receipt or any Beneficial Owner unless such holder or Beneficial Owner is the Holder of such Receipt registered on the books of the Depositary.
SECTION 2.03. The first sentence of Section 3.2 of the Deposit Agreement is amended to read as follows: If any tax or other governmental charge shall become payable by or on behalf of the Custodian or the Depositary with respect to any ADS(s) or American Depositary Receipt(s), any Deposited Securities or any distribution thereon, such tax or other governmental charge shall be paid by the Holders to the Depositary and by holding or having held an ADS or ADR the Holder and all prior Holders thereof agree to indemnify, defend and save harmless each of the Depositary and its agents in respect thereof.
SECTION 2.04. Section 4.7 of the Deposit Agreement is amended to include the following at the conclusion thereof: In connection with the conversion of Foreign Currency into Dollars, the Depositary or its agent (which may be a division, branch or affiliate) shall deduct out of such Foreign Currency the fees, expenses and other charges charged by it and/or such agent so appointed in connection with such conversion. Such agent may act as principal for such conversion of Foreign Currency. For further details see hxxxx://xxx.xxx.xxx, the location and contents of which the Depositary, and not the Company, shall be solely responsible for.
SECTION 2.05. Section 4.9 of the Deposit Agreement is amended as follows:
(a) The penultimate and antepenultimate sentences of the second paragraph of subsection (a) are replaced with the following: The Depositary is under no obligation to deliver the Shareholder Notice and the Depositary Notice to Holders for purposes of providing voting instructions in accordance ...
Amendments to Deposit Agreement. SECTION 2.01. All references in the Deposit Agreement to the term "Deposit Agreement" shall, as of the Effective Date (as herein defined), refer to the Deposit Agreement, dated as of July 6, 2000, as amended as of March 19, 2004 and as further amended by this Amendment.
SECTION 2.02. Section 1(c) of the Deposit Agreement is amended by replacing "twenty" with "five".
SECTION 2.03. The address of the Depositary set forth in Section 17(a) is amended to read as follows: JPMorgan Chase Bank, N.A. Four Xxx Xxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: ADR Administration Fax: (000) 000-0000
Amendments to Deposit Agreement. SECTION 2.01. All references in the Deposit Agreement to the term "Deposit Agreement" shall, as of the date hereof, refer to the Amended and Restated Deposit Agreement dated as of October 18, 2002 amended as of August 13, 2007, as further amended by this Amendment.
SECTION 2.02. The second paragraph of Section 3 of the Deposit Agreement is amended to read as follows: The Depositary, the Custodian and the Company shall comply with Brazil’s Monetary Council Resolution No. 1,927, dated as of May 18, 1992, in its third article, paragraph three, of the Regulation Annex V, and agree to furnish to the Securities Commission and the Central Bank, at any time and observing the established deadline, information or documents related to the ADRs and this Deposit Agreement, the Deposited Securities and distributions thereon. The Depositary and the Custodian are hereby authorized to release such information or documents and any other information as required by local regulation, law or regulatory body request. In the event that the Depositary or the Custodian shall be advised in writing by reputable independent Brazilian counsel that the Depositary or the Custodian reasonably could be subject to criminal, or material, as reasonably determined by the Depositary, civil liabilities as a result of the Company having failed to provide such information or documents reasonably available only through the Company, the Depositary shall have the right to terminate this Deposit Agreement, upon at least 30 days’ prior written notice to the Holders and the Company. The effect of any such termination of this Deposit Agreement shall be as provided in paragraph (17) of the form of ADR.
SECTION 2.03. Section 17(a) of the Deposit Agreement is amended to read as follows: JPMorgan Chase Bank, N.A. Xxx Xxxx, XX, 00000-0000 Attention: ADR Administration Fax: (000) 000-0000
Amendments to Deposit Agreement. SECTION 2.01. All references in the Deposit Agreement to the term “Deposit Agreement” shall, as of the Effective Date (as herein defined), refer to the Deposit Agreement, as amended hereby by this Amendment.
SECTION 2.02. Section 18(a) of the Deposit Agreement is deleted in its entirety and replaced with the following: “The Company irrevocably agrees that any legal suit, action or proceeding against or involving the Company brought by the Depositary arising out of, based upon or relating in any way to this Deposit Agreement, the ADSs, the ADRs or the transactions contemplated herein, therein, hereby or thereby, may be instituted in any state or federal court in New York, New York and irrevocably waives any objection which it may now or hereafter have to the laying of venue of any such proceeding, and irrevocably submits to the non-exclusive jurisdiction of such courts in any such suit, action or proceeding; provided, however, for the avoidance of doubt, that such submission to the non-exclusive jurisdiction is solely for the benefit of the Depositary, and this venue waiver clause may only be invoked by the Depositary, and may not be invoked by any Holder or owner of an interest in an ADR or ADS (an “Owner”). The Company also irrevocably agrees that any legal suit, action or proceeding against or involving the Depositary brought by the Company arising out of, based upon or relating in any way to this Deposit Agreement, the ADSs, the ADRs or the transactions contemplated herein, therein, hereby or thereby, may only be instituted in a state or federal court in New York, New York. Notwithstanding the foregoing or anything in this Deposit Agreement to the contrary, subject to the federal securities law carve-out set forth in Section 18(b) below, the Depositary may refer any such suit, action or proceeding to arbitration in accordance with the provisions of the Deposit Agreement and, upon such referral, any such suit, action or proceeding instituted by the Company shall be finally decided in such arbitration rather than in such court. The Company has appointed Cogency Global Inc., 100 Xxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 as its authorized agent (the “Authorized Agent”) upon which process may be served in any such suit, action or proceeding arising out of, based upon or relating in any way to this Deposit Agreement, the ADSs, the ADRs or the transactions contemplated herein, therein, hereby or thereby which may be instituted in any court having exclus...
Amendments to Deposit Agreement iii SECTION 2.01. Deposit Agreement...................................... iii SECTION 2.02. Amendments Binding on all Holders and Beneficial Owners iii SECTION 2.03. Direct Registration System............................. iii SECTION 2.04.
