Information Requests; Delivery of Information to the CVM. The Company may from time to time request Owners and Holders to provide information as to the capacity in which such Owners or Holders own or owned American Depositary Shares and regarding the identity of any other persons then or previously interested in such American Depositary Shares as to the nature of such interest and various other matters. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company requesting that the Depositary forward any such requests to the Owners and to forward to the Company any responses to such requests received by the Depositary. Each Owner and Holder agrees to provide any information requested by the Company or the Depositary pursuant to this Section 3.04 whether or not such person is still an Owner at the time of such request. At the request of the Company and at the Company’s expense, the Depositary will provide reasonable assistance to the Company to obtain information sought by the Company under this Section 3.04. Each of the Depositary and the Company hereby confirms to the other that for as long as this Deposit Agreement is in effect, it shall furnish the CVM and the Central Bank, at any time and within the period that may be determined, with any information and documents related to the American Depositary Share program and the American Depositary Shares issued hereunder. In the event that the Depositary or the Custodian shall be advised in writing by reputable independent Brazilian counsel that the Depositary or Custodian reasonably could be subject to criminal, or material, as reasonably determined by the Depositary, civil, liabilities as a result of the Company having failed to provide such information or documents reasonably available only through the Company and the Depositary resigns under those circumstances, the time allowed under Section 5.04 for the Company to appoint a successor depositary and that successor to accept its appoint shall be reduced to 30 days, and the notice required before a consequent termination of this Deposit Agreement will become effective under Section 6.02 shall be reduced to 15 days. The Depositary shall not be subject to any liability under this Deposit Agreement for making the determination or effecting the accelerated resignation and termination permitted under this paragraph.
Appears in 16 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
Information Requests; Delivery of Information to the CVM. The Company Issuer may from time to time request Owners and Holders of Receipts to provide information as to the capacity in which such Owners or Holders own or owned American Depositary Shares Receipts and regarding the identity of any other persons then or previously interested in such American Depositary Shares Receipts as to the nature of such interest and various other matters. The Depositary agrees to use reasonable efforts to comply with written instructions received from the Company Issuer requesting that the Depositary forward any such requests to the Owners and to forward to the Company Issuer any responses to such requests received by the Depositary. Each Owner and Holder agrees to provide any information requested by the Company Issuer or the Depositary pursuant to this Section 3.04 whether or not such person is still an Owner at the time of such request. At the request of the Company and at the Company’s expense, the Depositary will provide reasonable assistance to the Company to obtain information sought by the Company under this Section 3.04. Each of the Depositary and the Company Issuer hereby confirms to the other that for as long as this Deposit Agreement is in effect, it shall furnish the CVM and the Central Bank, at any time and within the period that may be determined, with any information and documents related to the American Depositary Share program and the American Depositary Shares Receipts issued hereunder. In the event that the Depositary or the Custodian shall be advised in writing by reputable independent Brazilian counsel that the Depositary or the Custodian reasonably could be subject to criminal, or material, as reasonably determined by the Depositary, civil, liabilities liability as a result of the Company Issuer having failed to provide such information or documents reasonably available only through the Company Issuer, the Depositary shall have the right to terminate this Deposit Agreement, upon at least 30 days’ prior notice to the Owners and the Depositary resigns under those circumstances, the time allowed under Section 5.04 for the Company to appoint a successor depositary and that successor to accept its appoint shall be reduced to 30 daysIssuer, and the notice required before a consequent termination of this Deposit Agreement will become effective under Section 6.02 shall be reduced to 15 days. The Depositary shall not be subject to any liability under hereunder on account of such termination or such determination. In the event that the Issuer shall be advised in writing by reputable independent Brazilian counsel that the Issuer could be subject to criminal, or material, as reasonably determined by the Issuer, civil, liability as a result of the Depositary having failed to provide such information or documents reasonably available only through the Depositary, the Issuer shall have the right to instruct the Depositary to terminate this Deposit Agreement, upon at least 30 days’ prior notice to the Depositary, and the Issuer shall not be subject to any liability hereunder on account of such termination or such determination. The effect of any such termination of this Deposit Agreement for making the determination or effecting the accelerated resignation and termination permitted under this paragraphshall be as provided in Section 6.02.
Appears in 3 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Banco Itau Holding Financeira S A)