RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under the Deposit Agreement by written notice of its election so to do delivered to the Company, such resignation to take effect upon the earlier of (i) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 of the Deposit Agreement. The Depositary may at any time be removed by the Company by 90 days prior written notice of such removal, to become effective upon the later of (i) the 90th day after delivery of the notice to the Depositary and (ii) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners to do so, it may, upon consultation with the Company (provided that the Company responds without unreasonable delay), appoint substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder.
Appears in 3 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)
RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under the Deposit Agreement by written notice of its election so to do delivered to the Company, such resignation to take effect upon the earlier of (i) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 of the Deposit Agreement. The Depositary may at any time be removed by the Company by 90 days prior written notice of such removal, to become effective upon the later of (i) the 90th day after delivery of the notice to the Depositary and (ii) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners to do so, it may, upon consultation with the Company (provided that to the Company responds without unreasonable delay)extent practicable, appoint substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder.
Appears in 3 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)
RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under the Deposit Agreement by written notice of its election so to do delivered to the Company, such resignation to take effect upon be effective on the earlier of (i) the 180th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.02 of the Deposit Agreement), or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 of the Deposit Agreement. The Depositary may at any time be removed by the Company by 90 days prior written notice of such removal, to become which removal shall be effective upon on the later of (i) the 90th 180th day after delivery of the notice thereof to the Depositary and Depositary, unless waived by the Depositary, or (ii) upon the appointment by the Company of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners Holders to do so, it may, upon after consultation with the Company (provided that to the Company responds without unreasonable delay)extent practicable, appoint a substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder.
Appears in 2 contracts
Samples: Deposit Agreement (KB Financial Group Inc.), Second Amended and Restated Deposit Agreement (Kookmin Bank)
RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under the Deposit Agreement and this Receipt by written notice of its election so to do delivered to the Company, such resignation to take effect upon the earlier of (i) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 of the Deposit Agreement. The Depositary may at any time be removed by the Company by 90 days prior written notice of such removal, to which shall become effective upon the later to occur of (i) the 90th day after delivery of the notice to the Depositary and or (ii) effective upon the appointment of a successor depositary and its acceptance of such appointment as provided in hereinafter provided; provided, however that the Deposit AgreementDepositary and the Company may agree that the removal become effective upon an earlier date, and neither the Depositary nor the Company shall unreasonably withhold its respective agreement to the removal becoming effective upon an earlier date if this is proposed by the other. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners of Receipts to do so, it may, upon consultation with the Company (provided that the Company responds without unreasonable delay), may appoint a substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Telecom Corp of New Zealand LTD)
RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under the Deposit Agreement by written notice of its election so to do delivered to the Company, such resignation to take effect upon be effective on the earlier of (i) the 180th day after delivery thereof to the Company (whereupon the Depositary shall be entitled to take the actions contemplated in Section 6.02 of the Deposit Agreement), or (ii) the appointment by the Company of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 of the Deposit Agreement. The Depositary may at any time be removed by the Company by 90 days prior written notice of such removal, to become which removal shall be effective upon on the later of (i) the 90th 180th day after delivery of the notice thereof to the Depositary and Depositary, unless waived by the Depositary, or (ii) upon the appointment by the Company of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners Holders to do so, it may, upon after consultation with the Company (provided that to the Company responds without unreasonable delay)extent practicable, appoint a substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunderunder the Deposit Agreement.
Appears in 2 contracts
Samples: Third Amended and Restated Deposit Agreement (Kookmin Bank), Deposit Agreement (KB Financial Group Inc.)
RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under hereunder byunder the Deposit Agreement by written notice of its election so to do delivered to the Company, such resignation to take effect upon the earlier of (i) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 of the Deposit DepositedDeposit Agreement. The Depositary DepositaryDepositary may at any time be removed by the Company by 90 120 days prior written notice of such removal, to effective uponwhich shall become effective upon the later to occur of the (i) the 90th 120th day after delivery of the notice to the Depositary and or (ii) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners of ReceiptsReceipts to do so, it may, upon consultation with the Company (provided that approval of the Company responds without unreasonable delay)Company, appoint a substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder.
Appears in 1 contract
Samples: Deposit Agreement (Australia & New Zealand Banking Group LTD)
RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under the Deposit Agreement by written notice of its election so to do delivered to the Company, such resignation to take effect upon the earlier of (i) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 6.2 of the Deposit Agreement. The Depositary may at any time be removed by the Company by 90 60 days prior written notice of such removal, to become effective upon the later of (i) the 90th 60th day after delivery of the notice to the Depositary and (ii) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners to do so, it the Depositary may, upon after consultation with the Company (provided that to the Company responds without unreasonable delay)extent practicable, appoint a substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
RESIGNATION AND REMOVAL OF THE DEPOSITARY; APPOINTMENT OF SUCCESSOR CUSTODIAN. The Depositary may at any time resign as Depositary under the Deposit Agreement and this Receipt by written notice of its election so to do delivered to the Company, such resignation to take effect upon the earlier of (i) the appointment of a successor depositary and its acceptance of such appointment as provided in the Deposit Agreement or (ii) termination by the Depositary pursuant to Section 6.02 of the Deposit Agreement. The Depositary may at any time be removed by the Company by 90 days prior written notice of such removal, to which shall become effective upon the later to occur of (i) the 90th day after delivery of the notice to the Depositary and or (ii) effective upon the appointment of a successor depositary and its acceptance of such appointment as hereinafter provided in provided, however that the Deposit AgreementDepositary and the Company may agree that the removal become effective upon an earlier date, and neither the Depositary nor the Company shall unreasonably withhold its respective agreement to the removal becoming effective upon an earlier date if this is proposed by the other. Whenever the Depositary in its discretion determines that it is in the best interest of the Owners of Receipts to do so, it may, upon consultation with the Company (provided that the Company responds without unreasonable delay), may appoint a substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder. 21.
Appears in 1 contract
Samples: American Depositary Receipt (Telecom Corp of New Zealand LTD)