Common use of WARRANTIES OF DEPOSITORS Clause in Contracts

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 15 contracts

Samples: Deposit Agreement, Deposit Agreement, Deposit Agreement (Bank of New York / Adr Division)

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WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares owned or beneficially owned by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 7 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Anglogold Ashanti LTD), Deposit Agreement (Anglogold Ashanti LTD)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, paid and nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to dodo so. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 7 contracts

Samples: Deposit Agreement (Scor Holding (Switzerland) LTD), Deposit Agreement (Zurich Financial Services/ /Fi), Deposit Agreement (Zurich Financial Services/ /Fi)

WARRANTIES OF DEPOSITORS. Every person depositing Shares hereunder and under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable non-assessable, and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares are not, at the time of deposit, and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would not be be, Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 4 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Class a Deposit Agreement (Bank of New York / Adr Division), Class B Deposit Agreement (Bank of New York / Adr Division)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 4 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (The9 LTD), Deposit Agreement (The9 LTD)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Experian Group LTD), Deposit Agreement (Experian Group LTD)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to dodo so. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 3 contracts

Samples: Deposit Agreement (Fullcast Co., Ltd.), Deposit Agreement (Japan Airlines CORP), Deposit Agreement (Fullcast Co., Ltd.)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the Shares presented for deposit of such Shares are not, and the sale of Receipts evidencing American Depositary Shares representing issuable upon such Shares by that person would deposit will not be be, Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 3 contracts

Samples: Deposit Agreement (New Africa Capital LTD), Deposit Agreement (African Bank Investments LTD), Deposit Agreement (Metropolitan Holdings LTD)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 2 contracts

Samples: Deposit Agreement (Portugal Telecom SGPS Sa), Deposit Agreement (Portugal Telecom SGPS Sa)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable non-assessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 2 contracts

Samples: Deposit Agreement (Edgars Consolidated Stores LTD), Deposit Agreement (Edgars Consolidated Stores LTD)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts. The Depositary may refuse to accept for such deposit any Shares identified by the Company in order to facilitate compliance with the requirements of the Securities Act of 1933 or the Rules made thereunder.

Appears in 2 contracts

Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall will be deemed thereby to represent and warrant that (i) such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that Shares, (ii) the person making such deposit is duly authorized to do so to do. Every such person shall also be deemed to represent that and (iii) upon deposit, the deposit of such Shares are not, and the sale of Receipts evidencing American Depositary Shares representing such the Shares by that person would not be be, Restricted Securities. Such representations and warranties shall will survive the deposit of such Shares and issuance of Receipts.

Appears in 2 contracts

Samples: Deposit Agreement (Spark Networks PLC), Deposit Agreement (Spark Networks PLC)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable non-assessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Pt Bank Buana Indonesia TBK)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-pre emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts. Any Shares delivered to the Custodian for deposit bearing a restrictive legend shall not be accepted for deposit without first obtaining the Company's written consent.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall hereunder will be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to dodo so. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall will survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (ANA Holdings Inc/Adr)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-pre emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall will be deemed thereby to represent and warrant warrant, that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to dodo so. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (PT Multimedia - Servicos De Telecomunicacoes E Multimedia, SGPS, S.A.)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts. The Depositary may refuse to accept for such deposit any Shares identified by the Company in order to facilitate compliance with the requirements of the Securities Act or the Rules made thereunder.

Appears in 1 contract

Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (The9 LTD)

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WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would to the public are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Companhia De Saneamento Do Parana Sanepar)

WARRANTIES OF DEPOSITORS. Every person depositing Shares hereunder and under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable non-assessable, and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Commercial International Bank Egypt S a E)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Portugal Telecom SGPS Sa)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Acom Co LTD /Fi)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Acambis PLC)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall will be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to dodo so. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securitiesrestricted under the Securities Act. Such representations and warranties shall will survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Trend Micro Inc)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement hereunder shall be deemed thereby to represent and warrant that that, to the best of such persons knowledge, such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive preemption rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that that, to the deposit best of such persons knowledge, Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares deposited by that person would are not be Restricted Securitiesrestricted securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Applied International Holdings LTD /Fi)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares are not, and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would not be be, Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Shanda Interactive Entertainment LTD)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable nonassessable, and free of any pre-emptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.. 6

Appears in 1 contract

Samples: Deposit Agreement (Portugal Telecom SGPS Sa)

WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall will be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable non-assessable, and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to dodo so. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would not be Restricted Securities. Such representations and warranties shall will survive the deposit of such Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Erste Bank Der Oesterriechischen /Fi)

WARRANTIES OF DEPOSITORS. Every person depositing Shares hereunder and under the Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, therefor are validly issued, fully paid, nonassessable non-assessable, and free of any pre-emptive preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person would are not be Restricted Securities. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

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