AMENDMENTS TO DEPOSIT AGREEMENT AND AMERICAN DEPOSITARY RECEIPTS. SECTION 2.01. All references in the Deposit Agreement and the American Depositary Receipts to the term “Deposit Agreement” shall, as of the dates set forth in Section 4.01 hereof with respect to particular sections below, refer to the Deposit Agreement, as amended by this Amendment. SECTION 2.02. The second sentence of the third paragraph of each of Section 4.07 of the Deposit Agreement and Paragraph (17) of the form of American Depositary Receipt and each outstanding American Depositary Receipt, are each amended to read as follows: If the Depositary timely receives blocking and voting instructions from a Holder that fails to specify the manner in which the Depositary is to vote the Deposited Securities represented by such Holder’s ADSs on one or more matters presented at the relevant meeting, the Depositary will deem such Holder to have instructed the Depositary to abstain on those items for which the Holder failed to specify the manner in which the Depositary is to vote. SECTION 2.03. The two references to “U.S.$ 2.00 per 100 ADSs” contained in Paragraph (6) of the form of American Depositary Receipt and each outstanding American Depositary Receipt are each amended to read “U.S. $ 3.00 per 100 ADSs.” SECTION 2.04. The introductory paragraph of the form of American Depositary Receipt and each outstanding American Depositary Receipt is amended by replacing “Skandinaviska Enskilda Xxxxxx XX” with “the Custodian under the Deposit Agreement”. SECTION 2.05. The references to “Up to $2 per 100 American Depositary Shares” and “ Up to $2 per 100 American Depositary Shares per annum” contained in Exhibit B of the Deposit Agreement are amended to read “Up to $3 per 100 American Depositary Shares” and “ Up to $3 per 100 American Depositary Shares per annum”, respectively. SECTION 2.06. The form of American Depositary Receipt and each outstanding American Depositary Receipt, and the form of Exhibit B to the Deposit Agreement, each after giving effect to the amendments contained herein and other clarifying changes, are attached hereto as Exhibit A (for the form of American Depositary Receipt) and Exhibit B (for Exhibit B to the Deposit Agreement), respectively.

AMENDMENTS TO DEPOSIT AGREEMENT AND AMERICAN DEPOSITARY RECEIPTS. 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 as further amended by this Amendment. SECTION 2.02. Section 3 of the Deposit Agreement is amended to include the following at the conclusion thereof: Notwithstanding anything else contained herein, in the form of ADR and/or any outstanding ADSs, the Depositary, the Custodian and their respective nominees are intended to be, and shall at all times during the term of the Deposit Agreement be, the record holder(s) only of the Deposited Securities represented by the ADSs for the benefit of the Holders. The Depositary, on its own behalf and on behalf of the Custodian and their respective nominees, disclaims any beneficial ownership interest in the Deposited Securities held on behalf of the Holders. SECTION 2.03. The last paragraph of Section 18 of the Deposit Agreement and paragraph (19) of the form of ADR, and all outstanding ADRs, are amended to include the following at the conclusion thereof: No provision of the Deposit Agreement or any ADR is intended to constitute a waiver or limitation of any rights which Holders or beneficial owners of ADSs may have under the Securities Act of 1933 or the Securities Exchange Act of 1934, to the extent applicable. SECTION 2.04. The fourth sentence of the first paragraph of paragraph (7) of the form of ADR, and all outstanding ADRs, is amended by deleting subsection (iv) thereof and inserting "and" immediately prior to subsection (iii) thereof. SECTION 2.05. The fifth and sixth sentences of the first paragraph of paragraph (7) of the form of ADR, and all outstanding ADRs are revised by (a) deleting the fifth sentence and (b) replacing "Such" at the start of the sixth sentence with "The above-referenced". SECTION 2.06. Paragraph (7) of the form of ADR, and all outstanding ADRs, is further amended by inserting the following immediately after the first paragraph thereof: To facilitate the administration of various depositary receipt transactions, including disbursement of dividends or other cash distributions and other corporate actions, the Depositary may engage the foreign exchange desk within JPMorgan Chase Bank, N.A. (the “Bank”) and/or its affiliates in order to enter into spot foreign exchange transactions to convert foreign currency into U.S. dollars (“FX Transactions”). For certain currencies, FX Transactions are entered into with the Bank or an affiliate, as the case may b...

AMENDMENTS TO DEPOSIT AGREEMENT AND AMERICAN DEPOSITARY RECEIPTS. 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 as further amended by this Amendment. SECTION 2.02. Section 3 of the Deposit Agreement is amended to include the following at the conclusion thereof: Notwithstanding anything else contained herein, in the form of ADR and/or any outstanding ADSs, the Depositary, the Custodian and their respective nominees are intended to be, and shall at all times during the term of the Deposit Agreement be, the record holder(s) only of the Deposited Securities represented by the ADSs for the benefit of the Holders. The Depositary, on its own behalf and on behalf of the Custodian and their respective nominees, disclaims any beneficial ownership interest in the Deposited Securities held on behalf of the Holders.

AMENDMENTS TO DEPOSIT AGREEMENT AND AMERICAN DEPOSITARY RECEIPTS Sample Clauses

Filter & Search

Related Clauses

Sub-Clauses