Depositary Bank. The first bank to which a check is transferred even though it is also the Paying Bank or the Payee. A check deposited in an account is deemed to be transferred to the bank holding the account into which the check is deposited, even though the check is physically received and indorsed first by another bank.
Depositary Bank. Except as otherwise provided, all references in this Agreement to the Equity Shares of a Shareholder shall be deemed to include the Equity Shares beneficially owned by that Shareholder and held by the Depositary Bank on behalf of that Shareholder or its Affilates in the ADR Facility. All consents, approvals to be given by or rights exercisable pursuant to this Agreement by a SAIF Shareholder by contract (as contrasted to its rights as a holder of ADSs) in respect of Shares held by the Depositary Bank on behalf of that SAIF Shareholder shall be given and exercisable by that SAIF Shareholder.
Depositary Bank. 9.1. Under this CONTRACT, the DEPOSITARY BANK is appointed to act as custodian of funds deposited into the CENTRALIZER ACCOUNT, and so it shall be the sole responsible for operations involving funds kept in the CENTRALIZER ACCOUNT, in strict compliance with the terms of this CONTRACT.
9.2. The DEPOSITARY BANK is free to resign from the execution of its duties, by delivering a simple notification to the GRANTING AUTHORITY and the CONCESSIONAIRE, which shall be delivered at least 30 (thirty) days prior to its effective resignation, provided that it retains all duties inherent to the custodianship of funds deposited into the CENTRALIZER ACCOUNT until its effective replacement.
9.3. If the DEPOSITARY BANK resigns from the execution of its duties before this CONTRACT is terminated, it shall be incumbent upon the CONCESSIONAIRE to, with the GRANTING AUTHORITY’s consent and within a 30 (thirty)-day term, starting from delivery of the notice of resignation, appoint a NEW DEPOSITARY BANK, whereas the DEPOSITARY BANK shall continue to perform its duties until expiration of the term established in the preceding clause, or its effective replacement.
9.4. The DEPOSITARY BANK that resigns, as established under Clause 9.2, shall be released from its respective duties and obligations referenced herein, which it shall continue to perform, in full, until the date of its effective replacement and the complete transfer of the possession and control of the CENTRALIZER ACCOUNT and associated documents; and funds then deposited in the CENTRALIZER ACCOUNT, as well as all documents associated with the account, shall be transferred to the NEW DEPOSITARY BANK.
9.5. The effective replacement referenced in Clause 9.4 above shall take place upon executing an amendment by which the DEPOSITARY BANK assigns its position under the contract, and the NEW DEPOSITARY BANK shall be vested with all rights, powers, privileges and duties of the DEPOSITARY BANK within the scope of this CONTRACT.
9.6. Within 24 (twenty-four) hours after the execution of the amendment to the contract referenced above, the DEPOSITARY BANK shall withdraw all amounts invested, according to the PERMITTED INVESTMENTS, and transfer any balance available in the CENTRALIZER ACCOUNT to an account to be identified, subject to the rules governing operations of the account, as established in this CONTRACT.
9.7. Notwithstanding the provisions of any other Clauses of this CONTRACT, the DEPOSITARY BANK shall:
I. carry out, without ...
Depositary Bank. Bank of Texas, a division of BOKF, NA.
Depositary Bank. A company of the national financial system authorized by the Superintendency of Banking and Insurance Companies (SBS) to act as a bank company, in which the COLLECTION ACCOUNTS shall be opened. This entity shall have a risk classification of no less than “A-”, in accordance with the provisions set forth by Resolution 672-97 issued by the SBS or the regulations that may replace it. For the purpose of this AGREEMENT, as of this date, the DEPOSITARY BANK is Scotiabank Peru S.A.A.
Depositary Bank. For all purposes of this Agreement, any reference herein to an application or disposition of Funds held in or credited to either Account by the Collateral Agent shall be deemed to refer to an application or disposition of such Funds by the Depositary Bank, and the Collateral Agent agrees that it will cause the Depositary Bank to make all applications and dispositions of Funds held in or credited to either Account at such times and in such amounts as is required by the terms of this Agreement.
Depositary Bank. The Depositary Bank shall be entitled to the same rights, privileges and immunities as the Collateral Agent in connection with its duties and obligations hereunder.
Depositary Bank. Xxxxxxxxxxxxxxx in its capacity as the bank maintaining an Operating Account for the relevant Obligor.
Depositary Bank. SunTrust Bank.
Depositary Bank. The Borrower shall grant to the Collateral Agent a fully perfected security interest in the Deposit L/C Collateral Account, all cash, investments and balances therein and all proceeds thereof, for the benefit of the Issuing Bank as collateral for the payment and performance of the Deposit L/C Obligations, and separately for the benefit of the Secured Parties as collateral for the payment and performance of all other Obligations, in each case with the priorities set forth in the Guarantee and Collateral Agreement. Amounts on deposit in the Deposit L/C Collateral Account shall be held by the Deposit L/C Depositary Bank, which shall enter into a control agreement in favor of the Collateral Agent for the benefit of the Secured Parties (such control agreement to be in form and substance reasonably satisfactory to the Administrative Agent). The Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Deposit L/C Collateral Account and no other person shall be entitled to exercise any right or power with respect thereto. Other than any interest earned on the investment of such deposits in Permitted Investments, which investments shall be made at the request of the Borrower and at the Borrower’s risk (including the risk of loss) and expense, such deposits shall not bear interest. Interest or profits, if any, on such investments shall accumulate in the Deposit L/C Collateral Account. If an Event of Default shall have occurred and be continuing, moneys in the Deposit L/C Collateral Account shall be applied by the Administrative Agent to reimburse the Issuing Bank for Deposit L/C Disbursements for which it has not been reimbursed and, to the extent not so applied, shall be held for the satisfaction of the Deposit L/C Obligations and the other Obligations in accordance with the Guarantee and Collateral Agreement. If at any time the Deposit L/C Exposure shall exceed the Deposit L/C Collateral Account Balance, the Borrower shall promptly cause additional funds to be deposited in the Deposit L/C Collateral Account in such amount as shall be necessary to eliminate such excess. Except as expressly provided in the immediately preceding sentence and in Section 2.24, the Borrower shall not have the right to deposit additional funds in the Deposit L/C Collateral Account. So long as no Default shall have occurred and be continuing or would result therefrom, the Borrower shall have the right at any time and from time to ti...