Common use of RESIGNATION AND/OR REMOVAL OF THE DEPOSITARY Clause in Contracts

RESIGNATION AND/OR REMOVAL OF THE DEPOSITARY. 17.1 The Depositary may resign as Depositary: (a) by giving at least 120 days’ prior notice in writing to that effect to the Client; or (b) on the termination of this Deposit Agreement. 17.2 The resignation of the Depositary shall take effect on the date specified in such notice if notice has been given in accordance with Section 17.1(a) or on the effective date of the termination of this Deposit Agreement. 17.3 The Depositary may be removed by the Client and the Initial Holders (or the Client if there are no Initial Holders) upon 120 days’ prior notice in writing to that effect to the Depositary. 17.4 In the event of a resignation pursuant to sub-paragraph (a) of Section 17.1 or removal pursuant to Section 17.3, the Depositary undertakes to provide reasonable cooperation and assistance to the Client in connection with the Client’s efforts to appoint a successor depositary (the Successor Depositary), and in particular to provide reasonable cooperation and assistance in connection with the Client’s efforts to appoint a Successor Depositary whose business is or includes issuing “depositary receipts” for “relevant securities” (within the meaning of section 69 of the Finance Act) and “depositary receipts” for “chargeable securities” (within the meaning of sections 94 and 99 of the Finance Act) for the purposes of sections 67(6) and 93(2) of the Finance Act, which undertaking will have effect following the giving of notice of resignation or removal, as applicable. Upon any such appointment and acceptance, notice thereof shall be given by or for the Client to the Holders as soon as reasonably practicable. 17.5 Upon the resignation or removal of the Depositary (referred to as the “Retiring Depositary”) and the appointment of a Successor Depositary, and against payment of all sums due to the Retiring Depositary under this Deposit Agreement, the Depositary shall deliver to the Successor Depositary sufficient information and records to enable the Successor Depositary to efficiently perform its obligations under this Deposit Agreement and shall transfer to the Successor Depositary or to a custodian appointed by the Successor Depositary all Deposited Property held by the Retiring Depositary hereunder. Upon the date when such resignation or removal takes effect, the Retiring Depositary shall cause the Custodian to transfer to the Successor Depositary or to a custodian appointed by the Successor Depositary the Deposited Property held by the Custodian pursuant to this Deposit Agreement.

Appears in 2 contracts

Samples: Agreement for the Provision of Depositary Services and Custody Services, Agreement for the Provision of Depositary Services and Custody Services (DTZ Jersey Holdings LTD)

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RESIGNATION AND/OR REMOVAL OF THE DEPOSITARY. 17.1 The Depositary may resign as Depositary: (a) by giving at least 120 days' prior notice in writing to that effect to the ClientHolders; or (b) on the termination of this Deposit Agreement. 17.2 The resignation of the Depositary shall take effect on the date specified in such notice if notice has been given in accordance with Section 17.1(a) or on the effective date of the termination of this Deposit Agreement. 17.3 The Depositary may be removed by the Client and the Initial Holders (or the Client if there are no Initial Holders) upon 120 days’ prior notice in writing to that effect to the Depositary. 17.4 In the event of a resignation pursuant to sub-paragraph (a) of Section 17.1 or removal pursuant to Section 17.317.1, the Depositary undertakes to provide commercially reasonable cooperation and assistance to the Client in connection with the Client’s efforts to appoint appointment of a successor depositary (the Successor Depositary), and in particular to provide reasonable cooperation and assistance in connection with the Client’s efforts to appoint a Successor Depositary whose business is or includes issuing “depositary receipts” for “relevant securities” (within the meaning of section 69 of the Finance Act) and “depositary receipts” for “chargeable securities” (within the meaning of sections 94 and 99 of the Finance Act) for the purposes of sections 67(6) and 93(2) of the Finance Act, which undertaking will have effect following the giving of notice of resignation or removal, as applicabledepositary. Upon any such appointment and acceptance, notice thereof shall be given by or for the Client to the Holders as soon as reasonably practicable. 17.5 Upon the resignation or removal of the Depositary (referred to as the "Retiring Depositary") and the appointment of a Successor Depositary, and successor depositary against payment of all sums due to the Retiring Depositary under this Deposit Agreement, the Depositary shall deliver to its successor as depositary, if any (the Successor Depositary "Successor"), sufficient information and records to enable the Successor Depositary efficiently to efficiently perform its obligations under this Deposit Agreement and shall transfer to the Successor Depositary or to a custodian appointed by the Successor Depositary all Deposited Property held by the Retiring Depositary hereunder. Upon the date when such resignation or removal takes effect, any Custodian appointed by the Retiring Depositary shall cause be instructed by the Custodian Retiring Depositary to transfer to the Successor Depositary or to a custodian appointed by the Successor Depositary the Deposited Property held by the Custodian it pursuant to this Deposit Agreement.

Appears in 1 contract

Samples: Agreement for the Provision of Depositary Services and Custody Services (Kiniksa Pharmaceuticals International, PLC)

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RESIGNATION AND/OR REMOVAL OF THE DEPOSITARY. 17.1 The Depositary may resign as Depositary: (a) by giving at least 120 days' prior notice in writing to that effect to the ClientHolders; or (b) on the termination of this Deposit Agreement. 17.2 The resignation of the Depositary shall take effect on the date specified in such notice if notice has been given in accordance with Section 17.1(a) or on the effective date of the termination of this Deposit Agreement. 17.3 The Depositary may be removed by the Client and the Initial Holders (or the Client if there are no Initial Holders) upon 120 days’ prior notice in writing to that effect to the Depositary. 17.4 In the event of a resignation pursuant to sub-paragraph (a) of Section 17.1 or removal pursuant to Section 17.317.1, the Depositary undertakes to provide commercially reasonable cooperation and assistance to the Client in connection with the Client’s efforts to appoint appointment of a successor depositary (the Successor Depositary), and in particular to provide reasonable cooperation and assistance in connection with the Client’s efforts to appoint a Successor Depositary whose business is or includes issuing “depositary receipts” for “relevant securities” (within the meaning of section 69 of the Finance Act) and “depositary receipts” for “chargeable securities” (within the meaning of sections 94 and 99 of the Finance Act) for the purposes of sections 67(6) and 93(2) of the Finance Act, which undertaking will have effect following the giving of notice of resignation or removal, as applicabledepositary. Upon any such appointment and acceptance, notice thereof shall be given by or for the Client to the Holders as soon as reasonably practicable. 17.5 Upon the resignation or removal of the Depositary (referred to as the “Retiring Depositary”) and the appointment of a Successor Depositary, and successor depositary against payment of all sums due to the Retiring Depositary under this Deposit Agreement, the Depositary shall deliver to its successor as depositary, if any (the Successor Depositary "Successor"), sufficient information and records to enable the Successor Depositary efficiently to efficiently perform its obligations under this Deposit Agreement and shall transfer to the Successor Depositary or to a custodian appointed by the Successor Depositary all Deposited Property held by the Retiring Depositary hereunder. Upon the date when such resignation or removal takes effect, any Custodian appointed by the Retiring Depositary shall cause be instructed by the Custodian Retiring Depositary to transfer to the Successor Depositary or to a custodian appointed by the Successor Depositary the Deposited Property held by the Custodian it pursuant to this Deposit Agreement.

Appears in 1 contract

Samples: Agreement for the Provision of Depositary Services and Custody Services (Kiniksa Pharmaceuticals International, PLC)

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