Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 142 contracts
Samples: Deposit Agreement (Radiopharm Theranostics LTD), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (WeRide Inc.)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 85 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 71 contracts
Samples: Deposit Agreement, Deposit Agreement, Deposit Agreement
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 43 contracts
Samples: Deposit Agreement, Deposit Agreement, Deposit Agreement
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 27 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Bona Film Group LTD), Deposit Agreement (Bona Film Group LTD)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost lost, or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt of like tenor at the expense of the Holder (whicha) in the case of a mutilated Receipt, in the discretion exchange of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or (b) in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyedlost, lost or stolen Receipt, after the Holder thereof shall have (a) filed with the Depositary (i) has submitted to the Depositary a written request for such execution exchange and Delivery substitution before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and purchaser, (ii) a sufficient has provided such security or indemnity bond in form and amount acceptable to (including an indemnity bond) as may be required by the Depositary to save it and any of its agents harmless, and (biii) has satisfied any other reasonable requirements imposed by the Depositary, including, without limitation, evidence satisfactory to the Depositary of such destruction, loss or theft of such Receipt, the authenticity thereof and the Holder's ownership thereof.
Appears in 13 contracts
Samples: Deposit Agreement (TNT Post Group Nv), Deposit Agreement (TNT N.V./ADR), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the DepositaryDepositary in order to comply with applicable law and internal compliance policies, or otherwise.
Appears in 8 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 8 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Hutchison China MediTech LTD), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost lost, or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt of like tenor at the expense of the Holder (whicha) in the case of a mutilated Receipt, in the discretion exchange of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or (b) in the case of a destroyed, lost or stolen Receipt, in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyedlost, lost or stolen Receipt, after the Holder thereof shall have (a) filed with the Depositary (i) has submitted to the Depositary a written request for such execution exchange and Delivery substitution before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and purchaser, (ii) a sufficient has provided such security or indemnity bond in form and amount acceptable to (including an indemnity bond) as may be required by the Depositary to save it and any of its agents harmless, and (biii) has satisfied any other reasonable requirements imposed by the Depositary, including, without limitation, evidence satisfactory to the Depositary of such destruction, loss or theft of such Receipt, the authenticity thereof and the Holder's ownership thereof.
Appears in 6 contracts
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (Rediff Communication LTD), Deposit Agreement (Rediff Communication LTD)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof5.9hereof, the Depositary shall execute and Deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 5 contracts
Samples: Deposit Agreement (Wanda Sports Group Co LTD), Deposit Agreement (Wanda Sports Group Co LTD), Deposit Agreement (Wanda Sports Group Co LTD)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof5.9, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 4 contracts
Samples: Deposit Agreement (BCD Semiconductor Manufacturing LTD), Deposit Agreement (BCD Semiconductor Manufacturing LTD), Deposit Agreement (Longtop Financial Technologies LTD)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof5.9, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed a)filed with the Depositary (i) a i)a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a ii)a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied b)satisfied any other reasonable requirements imposed by the Depositary.
Appears in 3 contracts
Samples: Deposit Agreement (Longtop Financial Technologies LTD), Deposit Agreement (Longtop Financial Technologies LTD), Deposit Agreement (BCD Semiconductor Manufacturing LTD)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall deliver to the Owner the American Depositary Shares evidenced by that Receipt in uncertificated form or, if requested by the Owner, execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) like tenor in exchange and substitution for such mutilated Receipt Receipt, upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall deliver American Depositary Shares in uncertificated form or execute and Deliver deliver a new Receipt Receipt, in substitution for a destroyed, lost or stolen Receipt, the Holder Owner thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary. Upon satisfaction of the conditions for replacement of a Receipt that is mutilated, lost, destroyed or stolen, the Depositary shall deliver to the Owner the American Depositary Shares evidenced by that Receipt in uncertificated form unless otherwise requested by the Owner.
Appears in 3 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Tenaris Sa)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall in its discretion may execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) like form and tenor in exchange and substitution for such mutilated Receipt upon cancellation thereofReceipt, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before , only upon (i) the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, filing by the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery before of evidence satisfactory to the Depositary has of such destruction or loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof; and (ii) the Holder thereof furnishing of the Depositary with an open penalty surety bond satisfactory to the Depositary and holding the Depositary and the Corporation harmless, absent notice to the Depositary that the Receipt has such Receipts have been acquired by a bona fide purchaser purchaser. The Depositary may, at its option, issue replacement Receipts for mutilated Receipts upon presentation thereof without such indemnity. Such Holder shall also comply with such other reasonable regulations and (ii) a sufficient indemnity bond in form and amount acceptable to pay such other reasonable charges as the Depositary may prescribe and (b) satisfied any other reasonable requirements imposed also as may be required by Section 8-405 of the DepositaryUniform Commercial Code.
Appears in 2 contracts
Samples: Deposit Agreement (American Tower Corp /Ma/), Deposit Agreement (Alcoa Inc)
Lost Receipts, etc. To the extent the Depositary has issued Depositary Receipts in physical certificated form, in case any Depositary Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR Depositary Receipt has been acquired by a bona fide purchaser, subject to Section 5.9 5.6 hereof, the Depositary shall execute and Deliver deliver a new Depositary Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Depositary Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Depositary Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Depositary Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Depositary Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 2 contracts
Samples: Deposit Agreement (MAGNACHIP SEMICONDUCTOR Corp), Deposit Agreement (Magnachip Semiconductor LLC)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) like tenor in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder Owner thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary, including, without limitation, evidence satisfactory to the Depositary of such destruction or loss or theft of such Receipt, the authenticity thereof and the Owner’s ownership thereof.
Appears in 2 contracts
Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver a new Receipt (which, in the discretion of the Depositary Depositary, may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 2 contracts
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Zuoan Fashion LTD)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall stall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) at the expense of the Holder (a) is the case of a mutilated Receipt, in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in (b) is lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, after the Holder thereof shall have (ai) has filed with the Depositary (i) a written request for such execution exchange and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and purchaser, (ii) a sufficient has provided such security or indemnity bond in form and amount acceptable (including an indemnity bond) satisfactory to the Depositary as may be required by the Depositary to save it and any of its agents harmless in connection therewith, and (biii) has satisfied any other reasonable requirements imposed by the Depositary, including, without limitation, evidence satisfactory to the Depositary of such destruction, loss or theft of such Receipt, the authenticity thereof and the Holder’s ownership thereof.
Appears in 1 contract
Samples: Deposit Agreement (Centerpulse LTD)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 1 contract
Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) like tenor in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder Owner thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied satisfied any other reasonable requirements imposed by the DepositaryDepositary, including, without limitation, evidence satisfactory to the Depositary of such destruction or loss or theft of such Receipt, the authenticity thereof and the Owner's ownership thereof.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall deliver to the Owner of that Receipt the number of American Depositary Shares evidenced by that Receipt in uncertificated form or, if requested by the Owner, execute and Deliver deliver a new Receipt (whichevidencing the same number of American Depositary Shares as were evidenced by such mutilated, in the discretion of the Depositary may be issued through any book-entry systemdestroyed, includinglost or stolen Receipt, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt that Receipt, if mutilated, upon cancellation thereof, or in lieu of and in substitution for such that Receipt, if destroyed, lost or stolen Receiptstolen. Before the Depositary shall deliver American Depositary Shares in uncertificated form or execute and Deliver deliver a new Receipt Receipt, in substitution for a destroyed, lost or stolen Receipt, the Holder Owner thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR DR has been acquired by a bona fide purchaser, subject to Section 5.9 5.8 hereof, the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Holder thereof shall have (a) filed with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and (ii) a sufficient indemnity bond in form and amount acceptable to the Depositary and (b) satisfied any other reasonable requirements imposed by the Depositary.
Appears in 1 contract
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost lost, or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt of like tenor at the expense of the Holder (whicha) in the case of a mutilated Receipt, in the discretion exchange of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or (b) in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyedlost, lost or stolen Receipt, after the Holder thereof shall have (a) filed with the Depositary (i) has submitted to the Depositary a written request for such execution exchange and Delivery substitution before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and purchaser, (ii) a sufficient has provided such security or indemnity bond in form and amount acceptable to (including an indemnity bond) as may be reasonably required by the Depositary to save it, the Company and any of their respective agents harmless, and (biii) has satisfied any other reasonable requirements imposed by the Depositary, including, without limitation, evidence satisfactory to the Depositary of such destruction, loss or theft of such Receipt, the authenticity thereof and the Holder’s ownership thereof. If there is any dispute with respect to a destroyed, lost or stolen Receipt, the Depositary shall promptly as practicable notify the Company.
Appears in 1 contract
Lost Receipts, etc. To the extent the Depositary has issued Receipts in physical certificated form, in In case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to the Depositary shall, upon payment of the fees and charges and expenses under Section 5.9 hereofhereof and Article 9 (Charges of Depositary) of the form of Receipt attached hereto as Exhibit A (face), the Depositary shall execute and Deliver deliver a new Receipt (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) at the expense of the Holder (a) in the case of a mutilated Receipt, in exchange and substitution for such mutilated Receipt upon cancellation thereof, or (b) in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, after the Holder thereof shall have (ai) has filed with the Depositary (i) a written request for such execution exchange and Delivery delivery before the Depositary has notice that the Receipt has been acquired by a bona fide purchaser and purchaser, (ii) a sufficient has provided such security or indemnity bond in form and amount acceptable to (including an indemnity bond) as may be reasonably required by the Depositary to hold it and any of its agents harmless in connection therewith, and (biii) has satisfied any other reasonable requirements imposed by the Depositary, including, without limitation, providing evidence satisfactory to the Depositary of the destruction, loss or theft of such Receipt, the authenticity thereof and the Holder’s ownership thereof.
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Lost Receipts, etc. To Subject to the extent payment of the Depositary has issued Receipts in physical certificated formrelevant fees, taxes, duties, charges, costs and expenses, in case any Receipt shall be mutilated, destroyed, lost or stolen, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, subject to Section 5.9 hereof, the Depositary shall execute and Deliver deliver a new Receipt of like form and tenor (which, in the discretion of the Depositary may be issued through any book-entry system, including, without limitation, DRS/Profile, Profile unless specifically requested otherwise) in exchange and substitution for such mutilated Receipt upon cancellation thereof, or in lieu of and in substitution for such destroyed, lost or stolen Receipt. Before , upon the Depositary shall execute and Deliver a new Receipt in substitution for a destroyed, lost or stolen Receipt, the Registered Holder thereof shall have (a) filed filing with the Depositary (i) a request for such execution and Delivery delivery before the Depositary has notice that the any such Receipt has been acquired by a bona fide purchaser and purchaser, (ii) evidence satisfactory to the Depositary of such destruction or loss or theft of such Receipt and the authenticity thereof and of the Registered Holder's ownership thereof, (b) furnishing the Depositary with a sufficient indemnity bond in form favor of, and amount acceptable to reasonably satisfactory to, the Company and the Depositary and (bc) satisfied satisfying any other reasonable requirements imposed by the Depositary.
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Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)