Common use of Warranties by Depositor Clause in Contracts

Warranties by Depositor. Each person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that (i) such Shares and the certificates therefor are duly authorized, validly issued, outstanding, fully paid, non-assessable and legally obtained by such person, (ii) all preemptive (and similar) rights, if any, with respect to such Shares have been validly waived or exercised, (iii) the person making such deposit is duly authorized so to do, (iv) the Shares presented for deposit are free and clear of any lien, encumbrance, security interest, charge, mortgage or adverse claim, and (v) the Shares presented for deposit are not, and the ADSs issuable upon such deposit will not be, Restricted Securities (except as contemplated in Section 2.10 of the Deposit Agreement), and (vi) the Shares presented for deposit have not been stripped of any rights or entitlements. Such representations and warranties shall survive the deposit and withdrawal of Shares, the issuance and cancellation of ADSs in respect thereof and the transfer of such ADSs. If any such representations or warranties are false in any way, the Company and the Depositary shall be authorized, at the cost and expense of the person depositing Shares, to take any and all actions necessary to correct the consequences thereof.

Warranties by Depositor. Each Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent represents and warrant warrants that (ia) such Shares and the certificates therefor are duly authorized, validly issued, issued and outstanding, fully paid, non-assessable nonassessable and legally obtained by such person, person (iib) all preemptive (pre-emptive and similar) comparable rights, if any, with respect to such Shares have been validly waived or exercised, (iiic) the person making such deposit is duly authorized so to do, (ivd) the Shares presented for deposit are free and clear of any lien, encumbrance, security interest, charge, mortgage or adverse claimclaim and that, except as contemplated by Section 2.11 of the Deposit Agreement, such Shares (A) are not Restricted Securities unless at the time of deposit the requirements of paragraphs (c), (e), (f) and (vh) of Rule 144 shall not apply and such Shares may be freely transferred and may otherwise be offered and sold freely in the United States or (B) have been registered under the Securities Act of 1933. To the extent the person depositing Shares presented for deposit are notis an "affiliate" of the Company as such term is defined in Rule 144, the person also represents and the ADSs issuable upon such deposit will not bewarrants that, Restricted Securities (except as contemplated in Section 2.10 2.11 of the Deposit Agreement), and (vi) upon the sale of the American Depositary Shares, all of the provisions of Rule 144 which enable the Shares presented for deposit have to be freely sold (in the form of American Depositary Shares) will be fully complied with and, as a result thereof, all of the American Depositary Shares issued in respect of such Shares will not been stripped of any rights or entitlementsbe on the sale thereof, Restricted Securities. Such representations and warranties shall survive the deposit and withdrawal of Shares, Shares and the issuance and cancellation of ADSs American Depositary Shares in respect thereof and the transfer of such ADSs. If any such representations or warranties are false in any way, the Company and the American Depositary shall be authorized, at the cost and expense of the person depositing Shares, to take any and all actions necessary to correct the consequences thereof.

Warranties by Depositor. Each person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that (i) such Shares and the certificates therefor are duly authorized, validly issued, outstanding, fully paid, non-assessable and legally obtained by such person, (ii) all preemptive (and similar) rights, if any, with respect to such Shares have been validly waived or exercised, (iii) the person making such deposit is duly authorized so to do, (iv) the Shares presented for deposit are free and clear of any lien, encumbrance, security interest, charge, mortgage or adverse claim, and (v) the Shares Snares presented for deposit are not, and the ADSs issuable upon such deposit will not be, Restricted Securities (except as contemplated in Section 2.10 of the Deposit Agreement), and (vi) the Shares presented for deposit have not been stripped of any rights or entitlements. Such representations and warranties shall survive the deposit and withdrawal of Shares, the issuance and cancellation of ADSs in respect thereof and the transfer of such ADSs. If any such representations or warranties are false in any way, the Company and the Depositary shall be authorized, at the cost and expense of the person depositing Shares, to take any and all actions necessary to correct the consequences thereof.