Common use of Restrictions upon Ownership Clause in Contracts

Restrictions upon Ownership. (a) Each Owner and Beneficial Owner of Receipts acknowledges and agrees that (i) each Share, and the terms upon which it is held by the Depositary, is subject to and governed by the Constitution and the provisions of Section 3.4 of this Deposit Agreement shall apply notwithstanding any other provision in this Deposit Agreement to the contrary, (ii) except as otherwise provided in the Constitution, such Owner's or Beneficial Owner's Receipts represent a Relevant Interest in Voting Shares (as defined in the Constitution and hereinafter referred to as “Shares” for purposes of subparagraphs (a) to (g) of this Section 3.4) (iii), (a) no person shall have a Relevant Interest in 10 percent or more of the total Shares outstanding other than in accordance with the prior written approval of the Kiwi Shareholder (as defined in the Constitution) and the Board of Directors of the Issuer (the "Board") and (b) no person other than a New Zealand National (as defined in the Constitution) shall have a Relevant Interest in more than 49.9 percent of the total Shares outstanding, other than in accordance with the prior written approval of the Kiwi Shareholder (such limitations being hereinafter referred to collectively as the "Limitation", and Shares designated by a notice described in subparagraph (d) herein as a Disenfranchisement Notice as being declared to be held in breach of the Limitation being hereinafter referred to as "Affected Shares"), (iv) any Owner or Beneficial Owner of Receipts or any other person shall be bound by the Limitation, (v) the Board and/or the Kiwi Shareholder may, under the Constitution, enforce the Limitation against the Depositary or the Custodian or any of their respective nominees (including without limitation, causing the withdrawal of the right of the Depositary or the Custodian or any of their respective nominees to vote Affected Shares, or causing a sale of all or part of the Affected Shares), and (vi) each Owner or Beneficial Owner of Receipts shall, on behalf of the Depositary or Custodian, provide information required by, and comply with requests from the Issuer, the Board or the Kiwi Shareholder to provide information pursuant to New Zealand law, the rules and requirements of the New Zealand Stock Exchange, and any other stock exchange on which the Shares are, or will be, quoted, traded or listed or the Constitution, including among other things, information in such form as the Issuer, the Board or the Kiwi Shareholder may request as to the capacity in which such Receipts or the Shares representing such Receipts are owned or held, regarding the identity and address of any person (including such Owner or Beneficial Owner of Receipts) having a Relevant Interest in Shares by virtue of an interest in such Receipts (such person or persons hereinafter being referred to as a "Beneficial Holder") and the nature and extent of the interest of such Beneficial Holder, and such other particulars as will or are likely to assist in identifying a Beneficial Holder with a Relevant Interest in Shares and the nature of that Relevant Interest.

Restrictions upon Ownership. (a) Each Owner and Beneficial Owner of Receipts acknowledges and agrees that (i) each Share, and the terms upon which it is held by the Depositary, is subject to and governed by the Constitution and the provisions of Paragraph (9) of this Receipt and Section 3.4 of this the Deposit Agreement shall apply notwithstanding any other provision in this Receipt and the Deposit Agreement to the contrary, (ii) except as otherwise provided in the Constitution, such Owner's or Beneficial Owner's Receipts represent a Relevant Interest in Voting Shares (as defined in the Constitution and hereinafter referred to as “Shares” for purposes of subparagraphs (a) to (g) of this Section 3.4Paragraph (9)) (iii), (a) no person shall have a Relevant Interest in 10 percent or more of the total Shares outstanding other than in accordance with the prior written approval of the Kiwi Shareholder (as defined in the Constitution) and the Board of Directors of the Issuer Company (the "Board") and (b) no person other than a New Zealand National (as defined in the Constitution) shall have a Relevant Interest in more than 49.9 percent of the total Shares outstanding, other than in accordance with the prior written approval of the Kiwi Shareholder (such limitations being hereinafter referred to collectively as the "Limitation", and Shares designated by a notice described in subparagraph (d) herein as a Disenfranchisement Notice as being declared to be held in breach of the Limitation being hereinafter referred to as "Affected Shares"), (iv) any Owner or Beneficial Owner of Receipts or any other person shall be bound by the Limitation, (v) the Board and/or the Kiwi Shareholder may, under the Constitution, enforce the Limitation against the Depositary or the Custodian or any of their respective nominees (including without limitation, causing the withdrawal of the right of the Depositary or the Custodian or any of their respective nominees to vote Affected Shares, or causing a sale of all or part of the Affected Shares), and (vi) each Owner or Beneficial Owner of Receipts shall, on behalf of the Depositary or Custodian, provide information required by, and comply with requests from the IssuerCompany, the Board or the Kiwi Shareholder to provide information pursuant to New Zealand law, the rules and requirements of the New Zealand Stock Exchange, and any other stock exchange on which the Shares are, or will be, quoted, traded or listed or the Constitution, including among other things, information in such form as the IssuerCompany, the Board or the Kiwi Shareholder may request as to the capacity in which such Receipts or the Shares representing such Receipts are owned or held, regarding the identity and address of any person (including such Owner or Beneficial Owner of Receipts) having a Relevant Interest in Shares by virtue of an interest in such Receipts (such person or persons hereinafter being referred to as a "Beneficial Holder") and the nature and extent of the interest of such Beneficial Holder, and such other particulars as will or are likely to assist in identifying a Beneficial Holder with a Relevant Interest in Shares and the nature of that Relevant Interest.

Restrictions upon Ownership. (a) Each Owner and Beneficial Owner holder of Receipts acknowledges and agrees that (i) each Share, and the terms upon which it is held by the Depositary, is subject to and governed by the Constitution and the provisions of paragraph (9) of this Receipt and Section 3.4 of this the Deposit Agreement shall apply notwithstanding any other provision in this Receipt and the Deposit Agreement to the contrary, (ii) except as otherwise provided in the Constitution, such Owner's or Beneficial Ownerholder's Receipts represent a Relevant Interest in Voting Shares (as defined in the Constitution and hereinafter referred to as “a "Relevant Interest in Shares” for purposes of subparagraphs (a) to (g) of this Section 3.4) "), (iii), ) (a) no person "Person" (which shall include a natural person, a company, a corporation and any combination or association of natural persons or corporate or unincorporate bodies, in each case whether or not they have a single identity) shall have a Relevant Interest in 10 percent or more of the total Voting Shares (as defined in the Constitution and hereinafter referred to as "Shares" in this paragraph (9) and Section 3.4 of the Deposit Agreement) outstanding other than in accordance with the prior written approval of the Kiwi Shareholder (as defined in the Constitution) and the Board of Directors of the Issuer Company (the "Board") and (b) no person Person other than a New Zealand National (as defined in the Constitution) shall have a Relevant Interest in more than 49.9 percent of the total Shares outstanding, other than in accordance with the prior written approval of the Kiwi Shareholder (such limitations being hereinafter referred to collectively as the "Limitation", and Shares designated by a notice described in subparagraph (d) herein as a Disenfranchisement Notice as being declared to be held in breach of the Limitation being hereinafter referred to as "Affected Shares"), (iv) any Owner or Beneficial Owner holder of Receipts or any other person Person shall be bound by the Limitation, (v) the Board and/or the Kiwi Shareholder may, under the Constitution, enforce the Limitation against the Depositary or the Custodian or any of their respective nominees (including without limitation, causing the withdrawal of the right of the Depositary or the Custodian or any of their respective nominees to vote Affected Shares, or causing a sale of all or part of the Affected Shares), and (vi) each Owner or Beneficial Owner holder of Receipts shall, on behalf of the Depositary or Custodian, provide information required by, and comply with requests from the Issuer, the Board or the Kiwi Shareholder to provide information pursuant to New Zealand law, the rules and requirements of the New Zealand Stock Exchange, and any other stock exchange on which the Shares are, or will be, quoted, traded or listed or the Constitution, including among other things, information in such form as the Issuer, the Board or the Kiwi Shareholder may request as to the capacity in which such Receipts or the Shares representing such Receipts are owned or held, regarding the identity and address of any person Person (including such Owner or Beneficial Owner holder of Receipts) having a Relevant Interest in Shares by virtue of an interest in such Receipts (such person Person or persons Persons hereinafter being referred to as a "Beneficial Holder") and the nature and extent of the interest of such Beneficial Holder, and such other particulars as will or are likely to assist in identifying a Beneficial Holder with a Relevant Interest in Shares and the nature of that Relevant Interest.

Restrictions upon Ownership. (a) Each Owner and Beneficial holderBeneficial Owner of Receipts acknowledges and agrees that (i) each Share, and the terms upon which it is held by the Depositary, is subject to and governed by the Constitution and the provisions of paragraphParagraph (9) of this Receipt and Section 3.4 of this the Deposit Agreement shall apply notwithstanding any other provision in this Receipt and the Deposit Agreement to the contrary, (ii) except as otherwise provided in the Constitution, such Owner's or Beneficial holderBeneficial Owner's Receipts represent a Relevant Interest in Voting Shares (as defined in the Constitution and hereinafter referred to as “Sharesa "Relevant Interest in Shares"),“Shares” for purposes of subparagraphs (a) to (g) of this Section 3.4Paragraph (9)) (iii), (a) no person "Person" (which shall include a natural person, a company, a corporation and any combination or association of natural persons or corporate or unincorporate bodies, in each case whether or not they have a single identity)person shall have a Relevant Interest in 10 percent or more of the total Voting Shares (as defined in the Constitution and hereinafter referred to as "Shares" in this paragraph (9) and Section 3.4 of the Deposit Agreement)Shares outstanding other than in accordance with the prior written approval of the Kiwi Shareholder (as defined in the Constitution) and the Board of Directors of the Issuer Company (the "Board") and (b) no person Personperson other than a New Zealand National (as defined in the Constitution) shall have a Relevant Interest in more than 49.9 percent of the total Shares outstanding, other than in accordance with the prior written approval of the Kiwi Shareholder (such limitations being hereinafter referred to collectively as the "Limitation", and Shares designated by a notice described in subparagraph (d) herein as a Disenfranchisement Notice as being declared to be held in breach of the Limitation being hereinafter referred to as "Affected Shares"), (iv) any Owner or Beneficial holderBeneficial Owner of Receipts or any other person Personperson shall be bound by the Limitation, (v) the Board and/or the Kiwi Shareholder may, under the Constitution, enforce the Limitation against the Depositary or the Custodian or any of their respective nominees (including without limitation, causing the withdrawal of the right of the Depositary or the Custodian or any of their respective nominees to vote Affected Shares, or causing a sale of all or part of the Affected Shares), and (vi) each Owner or Beneficial holderBeneficial Owner of Receipts shall, on behalf of the Depositary or Custodian, provide information required by, and comply with requests from the IssuerCompany, the Board or the Kiwi Shareholder to provide information pursuant to New Zealand law, the rules and requirements of the New Zealand Stock Exchange, and any other stock exchange on which the Shares are, or will be, quoted, traded or listed or the Constitution, including among other things, information in such form as the IssuerCompany, the Board or the Kiwi Shareholder may request as to the capacity in which such Receipts or the Shares representing such Receipts are owned or held, regarding the identity and address of any person Personperson (including such Owner or Beneficial holderBeneficial Owner of Receipts) having a Relevant Interest in Shares by virtue of an interest in such Receipts (such person Personperson or persons Personspersons hereinafter being referred to as a "Beneficial Holder") and the nature and extent of the interest of such Beneficial Holder, and such other particulars as will or are likely to assist in identifying a Beneficial Holder with a Relevant Interest in Shares and the nature of that Relevant Interest.

Restrictions upon Ownership. (a) Each Owner and Beneficial Owner holder of Receipts acknowledges and agrees that (i) each Share, and the terms upon which it is held by the Depositary, is subject to and governed by the Constitution and the provisions of Section 3.4 of this Deposit Agreement shall apply notwithstanding any other provision in this Deposit Agreement to the contrary, (ii) except as otherwise provided in the Constitution, such Owner's or Beneficial Ownerholder's Receipts represent a Relevant Interest in Voting Shares (as defined in the Constitution and hereinafter referred to as “a "Relevant Interest in Shares” for purposes of subparagraphs (a) to (g) of this Section 3.4) "), (iii), ) (a) no person "Person" (which shall include a natural person, a company, a corporation and any combination or association of natural persons or corporate or unincorporate bodies, in each case whether or not they have a single identity) shall have a Relevant Interest in 10 percent or more of the total Voting Shares (as defined in the Constitution and hereinafter referred to as "Shares" in this Section 3.4) outstanding other than in accordance with the prior written approval of the Kiwi Shareholder (as defined in the Constitution) and the Board of Directors of the Issuer (the "Board") and (b) no person Person other than a New Zealand National (as defined in the Constitution) shall have a Relevant Interest in more than 49.9 percent of the total Shares outstanding, other than in accordance with the prior written approval of the Kiwi Shareholder (such limitations being hereinafter referred to collectively as the "Limitation", and Shares designated by a notice described in subparagraph (d) herein as a Disenfranchisement Notice as being declared to be held in breach of the Limitation being hereinafter referred to as "Affected Shares"), (iv) any Owner or Beneficial Owner holder of Receipts or any other person Person shall be bound by the Limitation, (v) the Board and/or the Kiwi Shareholder may, under the Constitution, enforce the Limitation against the Depositary or the Custodian or any of their respective nominees (including without limitation, causing the withdrawal of the right of the Depositary or the Custodian or any of their respective nominees to vote Affected Shares, or causing a sale of all or part of the Affected Shares), and (vi) each Owner or Beneficial Owner holder of Receipts shall, on behalf of the Depositary or Custodian, provide information required by, and comply with requests from the Issuer, the Board or the Kiwi Shareholder to provide information pursuant to New Zealand law, the rules and requirements of the New Zealand Stock Exchange, and any other stock exchange on which the Shares are, or will be, quoted, traded or listed or the Constitution, including among other things, information in such form as the Issuer, the Board or the Kiwi Shareholder may request as to the capacity in which such Receipts or the Shares representing such Receipts are owned or held, regarding the identity and address of any person Person (including such Owner or Beneficial Owner holder of Receipts) having a Relevant Interest in Shares by virtue of an interest in such Receipts (such person Person or persons Persons hereinafter being referred to as a "Beneficial Holder") and the nature and extent of the interest of such Beneficial Holder, and such other particulars as will or are likely to assist in identifying a Beneficial Holder with a Relevant Interest in Shares and the nature of that Relevant Interest.

Restrictions upon Ownership. (a) Each Owner and Beneficial Owner Holder of Receipts American Depositary Shares acknowledges and agrees that (i) each Share, and the terms upon which it is held by the Depositary, is subject to and governed by the Constitution Constitution, and the provisions of this Section 3.4 of this Deposit Agreement 3.04 shall apply notwithstanding any other provision in this Deposit Agreement to the contrary, (ii) except as otherwise provided in the Constitution, such Owner's ’s or Beneficial Owner's Receipts Holder’s American Depositary Shares represent a Relevant Interest in Voting Shares (as defined in clause 1 of the first schedule of the Constitution and hereinafter referred to as “Shares” for purposes of subparagraphs subsections (a) to (gm) of this Section 3.43.04) (iii), (a1) no person shall have a Relevant Interest in 10 percent or more of the total Shares outstanding other than in accordance with the prior written approval of the Kiwi Shareholder Crown (as defined in clause 1.1 of the Constitution) and the Board of Directors of the Issuer (the "Board") and (b2) no person other than a New Zealand National (as defined in clause 1 of the first schedule of the Constitution) shall have a Relevant Interest in more than 49.9 percent of the total Shares outstanding, other than in accordance with the prior written approval of the Kiwi Shareholder Crown (such limitations being hereinafter referred to collectively as the "“Limitation"”, and Shares designated by a notice described in subparagraph subsection (d) herein as a Disenfranchisement Notice as being declared to be held in breach of the Limitation being hereinafter referred to as "“Affected Shares"”), (iv) any Owner or Beneficial Owner Holder of Receipts American Depositary Shares or any other person shall be bound by the Limitation, (v) the Board and/or of Directors of the Kiwi Shareholder Company (the “Board”) may, under the Constitution, enforce the Limitation against the Depositary or the Custodian or any of their respective nominees (including without limitation, causing the withdrawal of the right of the Depositary or the Custodian or any of their respective nominees to vote Affected Shares, or causing a sale of all or part of the Affected Shares), and (vi) each Owner or Beneficial Owner Holder of Receipts American Depositary Shares shall, on behalf of the Depositary or Custodian, provide information required by, and comply with requests from the Issuer, Company or the Board or the Kiwi Shareholder to provide information pursuant to New Zealand law, the rules and requirements of the New Zealand Stock ExchangeNZX Limited, and any other stock exchange on which the Shares are, or will be, quoted, traded or listed or the Constitution, including among other things, information in such form as the Issuer, Company or the Board or the Kiwi Shareholder may request as to the capacity in which such Receipts American Depositary Shares or the Shares representing such Receipts American Depositary Shares are owned or held, regarding the identity and address of any person (including such Owner or Beneficial Owner of ReceiptsHolder) having a Relevant Interest in Shares by virtue of an interest in such Receipts American Depositary Shares (such person or persons hereinafter being referred to as a "“Beneficial Holder"”) and the nature and extent of the interest of such Beneficial Holder, and such other particulars as will or are likely to assist in identifying a Beneficial Holder with a Relevant Interest in Shares and the nature of that Relevant Interest.

Restrictions upon Ownership. (a) Each Owner and Beneficial Owner Holder of Receipts American Depositary Shares acknowledges and agrees that (i) each Share, and the terms upon which it is held by the Depositary, is subject to and governed by the Constitution Constitution, and the provisions of Section 3.4 of this Deposit Agreement Article 24 shall apply notwithstanding any other provision in this Deposit Agreement to the contrary, (ii) except as otherwise provided in the Constitution, such Owner's ’s or Beneficial Owner's Receipts Holder’s American Depositary Shares represent a Relevant Interest in Voting Shares (as defined in clause 1 of the first schedule of the Constitution and hereinafter referred to as “Shares” for purposes of subparagraphs paragraphs (a) to (gm) of this Section 3.4Article 24) (iii), (a1) no person shall have a Relevant Interest in 10 percent or more of the total Shares outstanding other than in accordance with the prior written approval of the Kiwi Shareholder Crown (as defined in clause 1.1 of the Constitution) and the Board of Directors of the Issuer (the "Board") and (b2) no person other than a New Zealand National (as defined in clause 1 of the first schedule of the Constitution) shall have a Relevant Interest in more than 49.9 percent of the total Shares outstanding, other than in accordance with the prior written approval of the Kiwi Shareholder Crown (such limitations being hereinafter referred to collectively as the "“Limitation"”, and Shares designated by a notice described in subparagraph paragraph (d) herein below as a Disenfranchisement Notice as being declared to be held in breach of the Limitation being hereinafter referred to as "“Affected Shares"”), (iv) any Owner or Beneficial Owner Holder of Receipts American Depositary Shares or any other person shall be bound by the Limitation, (v) the Board and/or of Directors of the Kiwi Shareholder Company (the “Board”) may, under the Constitution, enforce the Limitation against the Depositary or the Custodian or any of their respective nominees (including without limitation, causing the withdrawal of the right of the Depositary or the Custodian or any of their respective nominees to vote Affected Shares, or causing a sale of all or part of the Affected Shares), and (vi) each Owner or Beneficial Owner Holder of Receipts American Depositary Shares shall, on behalf of the Depositary or Custodian, provide information required by, and comply with requests from the Issuer, Company or the Board or the Kiwi Shareholder to provide information pursuant to New Zealand law, the rules and requirements of the New Zealand Stock ExchangeNZX Limited, and any other stock exchange on which the Shares are, or will be, quoted, traded or listed or the Constitution, including among other things, information in such form as the Issuer, Company or the Board or the Kiwi Shareholder may request as to the capacity in which such Receipts American Depositary Shares or the Shares representing such Receipts American Depositary Shares are owned or held, regarding the identity and address of any person (including such Owner or Beneficial Owner of ReceiptsHolder) having a Relevant Interest in Shares by virtue of an interest in such Receipts American Depositary Shares (such person or persons hereinafter being referred to as a "“Beneficial Holder"”) and the nature and extent of the interest of such Beneficial Holder, and such other particulars as will or are likely to assist in identifying a Beneficial Holder with a Relevant Interest in Shares and the nature of that Relevant Interest.