Common use of Holders and Beneficial Owners as Parties; Binding Effect Clause in Contracts

Holders and Beneficial Owners as Parties; Binding Effect. The Holders and Beneficial Owners from time to time of American Depositary Shares shall be parties to the Deposit Agreement and shall be bound by all of the terms and conditions thereof and of any Receipt by acceptance thereof of any beneficial interest therein. Each Holder and Beneficial Owner, upon acceptance of any American Depositary Share (or any interest therein) issued in accordance with the terms and conditions of the Deposit Agreement shall be deemed for all purposes to (a) be a party to and bound by the terms of the Deposit Agreement and the applicable Receipt(s), and (b) appoint the Depositary its attorney-in-fact, with full power to delegate, to act on its behalf and to take any and all actions contemplated in the Deposit Agreement and the applicable Receipt(s), to adopt any and all procedures necessary to comply with applicable law and to take such action as the Depositary in its sole discretion may deem necessary or appropriate to carry out the purposes of the Deposit Agreement and the applicable Receipt(s), the taking of such actions to be the conclusive determinant of the necessity and appropriateness thereof.

Appears in 2 contracts

Samples: Deposit Agreement (TNT N.V./ADR), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

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Holders and Beneficial Owners as Parties; Binding Effect. The Holders and Beneficial Owners of Receipts from time to time of American Depositary Shares shall be parties to the this Deposit Agreement and shall be bound by all of the terms and conditions thereof hereof and of any Receipt the Receipts by acceptance thereof of any beneficial interest therein. thereof.. Each Holder and Beneficial Owner, upon acceptance of any American Depositary Share (or any interest therein) issued in accordance with the terms and conditions of the this Deposit Agreement shall be deemed for all purposes to (a) be a party to and bound by the terms of the this Deposit Agreement and the applicable Receipt(s), and (b) appoint the Depositary its attorney-in-fact, with full power to delegate, to act on its behalf and to take any and all actions contemplated in the this Deposit Agreement and the applicable Receipt(s), to adopt any and all procedures necessary to comply with applicable law and to take such action as the Depositary in its sole discretion may deem necessary or appropriate to carry out the purposes of the this Deposit Agreement and the applicable Receipt(s), the taking of such actions to be the conclusive determinant of the necessity and appropriateness thereof.

Appears in 1 contract

Samples: Deposit Agreement (Chunghwa Telecom Co LTD)

Holders and Beneficial Owners as Parties; Binding Effect. The Holders and Beneficial Owners from time to time of American Depositary Shares shall be parties to the Deposit Agreement and shall be bound by all of the terms and conditions thereof and of any Receipt by acceptance thereof of or any beneficial interest therein. Holders and beneficial owners of american depositary shares issued under the Original Deposit Agreement agree, by continuing to hold such american depositary shares or to have such beneficial interest, to be parties to this Amended and Restated Deposit Agreement and are bound by all of the terms and conditions hereof. Each Holder and each Beneficial Owner, upon acceptance of any American Depositary Share (Receipt or any beneficial interest therein) issued in accordance with the terms and conditions of the Deposit Agreement shall be deemed for all purposes to (a) be a party to and bound by the terms of the Deposit Agreement and the applicable Receipt(s), and (b) appoint thereby appoints the Depositary its attorney-in-fact, with full power to delegate, to act on its behalf and to take any and all actions steps or action provided for or contemplated in herein with respect to the Deposit Agreement and the applicable Receipt(s), to adopt any and all procedures necessary to comply with applicable law Deposited Securities and to take such further steps or action as the Depositary in its sole discretion may deem necessary or appropriate to carry out the purposes of the Deposit Agreement and the applicable Receipt(s), the taking of such actions to be the conclusive determinant of the necessity and appropriateness thereofAgreement.

Appears in 1 contract

Samples: Deposit Agreement (Imperial Tobacco Group PLC)

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Holders and Beneficial Owners as Parties; Binding Effect. The Holders and Beneficial Owners from time to time of American Depositary Shares shall be parties to the this Deposit Agreement and shall be bound by all of the terms and conditions thereof and of any Receipt by acceptance thereof of any beneficial interest therein. Each Holder and Beneficial Owner, upon acceptance of any American Depositary Share (or any interest therein) issued in accordance with the terms and conditions of the this Deposit Agreement shall be deemed for all purposes to (a) be a party to and bound by the terms of the this Deposit Agreement and the any applicable Receipt(s), and (b) appoint the Depositary its attorney-in-fact, with full power to delegate, to act on its behalf and to take any and all actions contemplated in the this Deposit Agreement and the any applicable Receipt(s), to adopt any and all procedures necessary to comply with applicable law and to take such action as the Depositary in its sole discretion may deem necessary or appropriate to carry out the purposes of the this Deposit Agreement and the any applicable Receipt(s), the taking of such actions to be the conclusive determinant of the necessity and appropriateness thereof.

Appears in 1 contract

Samples: Deposit Agreement (Citibank,N.A./ADR)

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