Common use of Exercise of Voting Rights Through the Depositary Clause in Contracts

Exercise of Voting Rights Through the Depositary. Upon receipt by the Depositary of a duly completed Voting Instruction Card by the date set therefor in the Notice (which date shall, unless the Depositary elects to grant additional time to return such Voting Instruction Card, be at least ten (10) business days prior to the date of the relevant shareholders' meeting) authorizing the Depositary, the Custodian or any of their respective agents to exercise voting rights on behalf of Beneficial Owners, the Depositary shall (i) as promptly as practicable but in any event not less than two (2) business days prior to such shareholders' meeting, cause a statement that such Beneficial Owners intend to vote at such meeting, together with each Beneficial Owner's name and address and the confirmation of beneficial ownership described in paragraph (iv) of this Paragraph 17, to be delivered to the Company; (ii) notify the Company in writing of the Depositary's or the Custodian's or any of their respective agents' intention to attend such shareholders' meeting on behalf of such Beneficial Owners and shall cause confirmation of their authority in that respect to be delivered to the Company; and (iii) endeavor, insofar as practicable and permitted under any applicable provisions of Norwegian law and the Company's Articles of Association, vote or cause to be voted, either in person at the meeting or by duly appointing a proxy to appear on its behalf at the meeting, the relevant Deposited Securities in accordance with the specific instructions set forth in such Voting Instruction Card. Voting instructions may be given only in respect of a number of ADSs representing an integral number of Deposited Securities. Neither the Depositary nor the Custodian shall under any circumstances exercise any discretion as to voting and neither the Depositary nor the Custodian shall vote, attempt to exercise the right to vote, or in any way make use of for purposes of establishing a quorum or otherwise, the Deposited Securities represented by ADSs, except pursuant to and in accordance with the Voting Instruction Card received from Holders or as otherwise contemplated herein. If the Depositary timely receives the Voting Instruction Card from a Holder which fails to specify the manner in which the Depositary is to vote the Deposited Securities represented by such Holder's ADSs, the Depositary will deem such Holder (unless otherwise specified in the notice distributed to Holders) to have instructed the Depositary to vote in favor of the items set forth in such Voting Instruction Card. Deposited Securities represented by ADSs for which no timely Voting Instruction Card or related confirmation of beneficial ownership received by the Depositary from the Holder shall not be voted.

Exercise of Voting Rights Through the Depositary. Upon receipt by the Depositary of a duly completed Voting Instruction Card by the date set therefor in the Notice (which date shall, unless the Depositary elects to grant additional time to return such Voting Instruction Card, be at least ten (10) business days prior to the date of the relevant shareholders' meeting) authorizing the Depositary, the Custodian or any of their respective agents to exercise voting rights on behalf of Beneficial Owners, the Depositary shall (i) as promptly as practicable but in any event not less than two (2) business days prior to such shareholders' meeting, cause a statement that such Beneficial Owners intend to vote at such meeting, together with each Beneficial Owner's name and address and the confirmation of beneficial ownership described in paragraph (ivd) of this Paragraph 17Section 4.10, to be delivered to the Company; (ii) notify the Company in writing of the Depositary's or the Custodian's or any of their respective agents' intention to attend such shareholders' meeting on behalf of such Beneficial Owners and shall cause confirmation of their authority in that respect to be delivered to the Company; and (iii) endeavor, insofar as practicable and permitted under any applicable provisions of Norwegian law and the Company's Articles of Association, vote or cause to be voted, either in person at the meeting or by duly appointing a proxy to appear on its behalf at the meeting, the relevant Deposited Securities in accordance with the specific instructions set forth in such Voting Instruction Card. Voting instructions may be given only in respect of a number of ADSs representing an integral number of Deposited Securities. Neither the Depositary nor the Custodian shall under any circumstances exercise any discretion as to voting and neither the Depositary nor the Custodian shall vote, attempt to exercise the right to vote, or in any way make use of for purposes of establishing a quorum or otherwise, the Deposited Securities represented by ADSs, except pursuant to and in accordance with the Voting Instruction Card received from Holders or as otherwise contemplated herein. If the Depositary timely receives the Voting Instruction Card from a Holder which fails to specify the manner in which the Depositary is to vote the Deposited Securities represented by such Holder's ADSs, the Depositary will deem such Holder (unless otherwise specified in the notice distributed to Holders) to have instructed the Depositary to vote in favor of the items set forth in such Voting Instruction Card. Deposited Securities represented by ADSs for which no timely Voting Instruction Card or related confirmation of beneficial ownership received by the Depositary from the Holder shall not be voted.

Exercise of Voting Rights Through the Depositary. Upon receipt by the Depositary of a duly completed Voting Instruction Card Instructions by the date set therefor in the Notice (which date shall, unless the Depositary elects to grant additional time to return such Voting Instruction CardInstructions, be at least ten (10) business days Business Days prior to the date of the relevant shareholders' meeting) authorizing the Depositary, the Custodian or any of their respective agents to exercise voting rights on behalf of Beneficial Owners, the Depositary shall (i) as promptly as practicable but in any event not less than at least two (2) business working days prior to such shareholders' meeting, cause a statement that such Beneficial Owners intend to vote at such meeting, together with each such Beneficial Owner's name and address and the confirmation of beneficial ownership described in paragraph (ivd) of this Paragraph 17Section 4.08, to be delivered to the Company; (ii) notify the Company in writing of the Depositary's or the Custodian's or any of their respective agents' agent's intention to attend such shareholders' meeting on behalf of such Beneficial Owners and shall cause confirmation of their authority in that respect to be delivered to the Company; and (iii) endeavor, insofar as practicable and permitted under any applicable provisions of Norwegian law and the Company's Articles of Association, vote or to cause to be voted, either in person at the meeting or by duly appointing a proxy to appear on its behalf at the meeting, the relevant Deposited Securities in accordance with the specific instructions set forth in such Voting Instruction Card. Voting instructions may be given only in respect of a number of ADSs representing an integral number of Deposited SecuritiesInstructions. Neither the Depositary nor the Custodian shall under any circumstances exercise any discretion as to voting and neither the Depositary nor the Custodian shall vote, cause to be voted or otherwise attempt to exercise the right to vote, or in any way make use of for purposes of establishing a quorum or otherwise, the vote such Deposited Securities represented by ADSs, except pursuant to and other than in accordance with the Voting Instruction Card received from Holders or as otherwise contemplated herein. If the Depositary timely receives the Voting Instruction Card from a Holder which fails to specify the manner in which the Depositary is to vote the Deposited Securities represented by such Holder's ADSs, the Depositary will deem such Holder (unless otherwise specified in the notice distributed to Holders) to have instructed the Depositary to vote in favor of the items set forth in such Voting Instruction Card. Deposited Securities represented by ADSs for which no timely Voting Instruction Card or related confirmation of beneficial ownership received by the Depositary from the Holder shall not be votedvoting instructions.

Exercise of Voting Rights Through the Depositary. Upon receipt by the Depositary of a duly completed Voting Instruction Card Instructions by the date set therefor in the Notice (which date shall, unless the Depositary elects to grant additional time to return such Voting Instruction CardInstructions, be at least ten (10) business days Business Days prior to the date of the relevant shareholders' meeting) authorizing the Depositary, the Custodian or any of their respective agents to exercise voting rights on behalf of Beneficial Owners, the Depositary shall (i) as promptly as practicable but in any event not less than at least two (2) business working days prior to such shareholders' meeting, cause a statement that such Beneficial Owners intend to vote at such meeting, together with each such Beneficial Owner's name and address and the confirmation of beneficial ownership described in paragraph (ivd) of this Paragraph 17Section 4.08, to be delivered to the Company; (ii) notify the Company in writing of the Depositary's or the Custodian's or any of their respective agents' agent's intention to attend such shareholders' meeting on behalf of such Beneficial Owners and shall cause confirmation of their authority in that respect to be delivered to the Company; and (iii) endeavor, insofar as practicable and permitted under any applicable provisions of Norwegian law and the Company's Articles of Association, vote or to cause to be voted, either in person at the meeting or by duly appointing a proxy to appear on its behalf at the meeting, the relevant Deposited Securities in accordance with the specific instructions set forth in such Voting Instruction Card. Voting instructions may be given only in respect of a number of ADSs representing an integral number of Deposited SecuritiesInstructions. Neither the Depositary nor the Custodian shall under any circumstances exercise any discretion as to voting and neither the Depositary nor the Custodian shall vote, cause to be voted or otherwise attempt to exercise the right to vote, or in any way make use of for purposes of establishing a quorum or otherwise, the vote such Deposited Securities represented by ADSs, except pursuant to and other than in accordance with the Voting Instruction Card received from Holders or as otherwise contemplated herein. If the Depositary timely receives the Voting Instruction Card from a Holder which fails to specify the manner in which the Depositary is to vote the Deposited Securities represented by such Holder's ADSs, the Depositary will deem such Holder (unless otherwise specified in the notice distributed to Holders) to have instructed the Depositary to vote in favor of the items set forth in such Voting Instruction Card. Deposited Securities represented by ADSs for which no timely Voting Instruction Card or related confirmation of beneficial ownership received by the Depositary from the Holder shall not be votedvoting instructions.