Common use of Certain Rights of the Depositary; Limitations Clause in Contracts

Certain Rights of the Depositary; Limitations. Subject to the further terms and provisions of this paragraph (21), Citibank, N.A. and its Agents may own and deal in any class of securities of the Company and its Affiliates and the Trust and in Receipts. The Depositary may issue Receipts against evidence of rights to receive CPOs from the Trustee, or any custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the CPOs. Such evidence of rights shall consist of written blanket or specific guarantees of ownership of CPOs furnished on behalf of the holder thereof. The Depositary shall not lend CPOs or Receipts; provided, however, that the Depositary reserves the right to (i) issue Receipts prior to the receipt of CPOs pursuant to Section 2.02 of the Deposit Agreement and (ii) deliver CPOs prior to the receipt and cancellation of Receipts pursuant to Section 2.05 of the Deposit Agreement, including Receipts which were issued under (i) above but for which CPOs may not have been received. The Depositary may receive Receipts in lieu of CPOs under (i) above and receive CPOs in lieu of Receipts under (ii) above. Each such transaction shall be subject to the terms and conditions provided in the Deposit Agreement.

Certain Rights of the Depositary; Limitations. Subject to the further terms and provisions of this paragraph Article (2123), Citibankthe Depositary, N.A. its Affiliates and its Agents their agents, on their own behalf, may own and deal in any class of securities of the Company and its Affiliates and the Trust and in ReceiptsADSs. The Depositary may issue Receipts ADSs against evidence of rights to receive CPOs Shares from the TrusteeCompany, any agent of the Company or any custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the CPOsShares. Such evidence of rights shall consist of written blanket or specific guarantees of ownership of CPOs Shares furnished on behalf of the holder thereof. The In its capacity as Depositary, the Depositary shall not lend CPOs Shares or ReceiptsADSs; provided, however, that the Depositary reserves the right to may (i) issue Receipts ADSs prior to the receipt of CPOs Shares pursuant to Section 2.02 2.3 of the Deposit Agreement and (ii) deliver CPOs Shares prior to the receipt and cancellation of Receipts pursuant to Section 2.05 of the Deposit Agreement, including Receipts ADSs which were issued under (i) above but for which CPOs Shares may not yet have been receivedreceived (each such transaction a “Pre-Release Transaction”). The Depositary may receive Receipts ADSs in lieu of CPOs Shares under (i) above and receive CPOs shares in lieu of Receipts ADSs under (ii) above. Each such transaction shall Pre-Release Transaction will be (a) accompanied by or subject to a written agreement whereby the terms and conditions provided in person or entity (the Deposit Agreement.“Applicant”) to whom ADSs or Shares are to be delivered

Certain Rights of the Depositary; Limitations. Subject to the further terms and provisions of this paragraph (21)Section 5.10, Citibank, N.A. the Depositary and its Agents agents, on their own behalf, may own and deal in any class of securities of the Company and its Affiliates and the Trust affiliates and in ReceiptsADSs. The Depositary may issue Receipts ADSs against evidence of rights from the Company to receive CPOs Shares from the TrusteeCompany, any agent of the Company or any custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the CPOsShares. Such evidence of rights shall consist of written blanket or specific guarantees of ownership of CPOs Shares furnished on behalf of the holder thereof. The In its capacity as Depositary, the Depositary shall not lend CPOs Shares or ReceiptsADSs; provided, however, that the Depositary reserves the right to may (i) issue Receipts ADSs prior to the receipt of CPOs Shares pursuant to Section 2.02 of the Deposit Agreement and (ii) deliver CPOs Shares prior to the receipt and cancellation of Receipts ADSs pursuant to Section 2.05 of the Deposit Agreement2.05, including Receipts ADSs which were issued under (i) above but for which CPOs Shares may not have been receivedreceived (each such transaction a "Pre-Release Transaction"). The Depositary may receive Receipts ADSs in lieu of CPOs Shares under (i) above and receive CPOs Shares in lieu of Receipts under (ii) above. Each such transaction shall be subject to the terms and conditions provided in the Deposit Agreement.ADSs under

Certain Rights of the Depositary; Limitations. Subject to the further terms and provisions of this paragraph Article (2123), Citibankthe Depositary, N.A. its Affiliates and its Agents their agents, on their own behalf, may own and deal in any class of securities of the Company and its Affiliates and the Trust affiliates and in ReceiptsADSs. The Depositary may issue Receipts ADSs against evidence of rights to receive CPOs Shares from the TrusteeCompany, any agent of the Company or any custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the CPOsShares. Such evidence of rights shall consist of written blanket or specific guarantees of ownership of CPOs Shares furnished on behalf of the holder thereof. The In its capacity as Depositary, the Depositary shall not lend CPOs Shares or ReceiptsADSs; provided, however, that the Depositary reserves the right to may (i) issue Receipts ADSs prior to the receipt of CPOs Shares pursuant to Section 2.02 2.3 of the Deposit Agreement and (ii) deliver CPOs Shares prior to the receipt and cancellation of Receipts ADSs pursuant to Section 2.05 2.6 of the Deposit Agreement, including Receipts ADSs which were issued under (i) above but for which CPOs Shares may not have been receivedreceived (each such transaction a "Pre-Release Transaction"). The Depositary may receive Receipts ADSs in lieu of CPOs Shares under (i) above and receive CPOs Shares in lieu of Receipts ADSs under (ii) above. Each such transaction shall Pre-Release Transaction will be (a) accompanied by or subject to a written agreement whereby the terms and conditions provided in the Deposit Agreement.person or