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 or other evidence of title 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 deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 13 contracts
Samples: Deposit Agreement (Cell Acuaculture LTD), Deposit Agreement (Mesoblast LTD), Deposit Agreement (Millepede International 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 or other evidence of title therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and free and clear of any lien, encumbrance, security interest, charge or adverse claim 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 deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 3 contracts
Samples: Deposit Agreement (Braskem Sa), Deposit Agreement (Braskem Sa), Braskem Sa
WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement Agreement, including any person effecting any Pre-Release, shall be deemed thereby to represent and warrant that such Shares and each certificate or other evidence of title therefor, if applicable, are or will be 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 Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not or will not be restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance delivery of ReceiptsAmerican Depositary Shares.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), China Resources Beer (Holdings) Co Limited/Adr
WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent and warrant that (i) such Shares and each certificate or other evidence of title therefor, if applicable, are free and clear of any lien, encumbrance, security interest, charge, mortgage, pledge or restriction on transfer, (ii) such Shares have been validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and Shares, (iii) that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the Shares deposited by that person are not Restricted Securities , and that (iv) the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), 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, in addition to such representations and warranties as may be required pursuant to Section 2.02 of the Deposit Agreement, that such Shares and each certificate or other evidence of title 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 Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933Act. Such representations and warranties shall will survive the deposit of such Shares and issuance of Receipts.
Appears in 1 contract
Samples: NH Hotel Group, S.A.
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 or other evidence of title therefor, if applicable, therefor are validly issued, fully paid, nonassessable non-assessable, and free of that any pre-emptive rights of the holders of outstanding Shares were validly waived or exercised and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent (i) that the Shares deposited by that person presented for deposit are not, and the American Depositary Shares issuable upon such deposit will not Restricted be, restricted securities within the meaning of Rule 144(a)(3) under the Securities Act of 1933 and (ii) that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are does not restricted under and will not violate the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance delivery of ReceiptsAmerican Depositary Shares.
Appears in 1 contract
WARRANTIES OF DEPOSITORS. Every person depositing Shares under to whom Receipts are delivered pursuant to the Deposit Agreement shall be deemed thereby to represent and warrant that the Shares deposited thereunder in connection with such Shares delivery and each certificate or other evidence of title therefor, if applicable, therefor are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares Shares, except pursuant to the laws of the United Kingdom and the Articles of Association of the Company, and that the person making to whom such deposit Receipts are delivered is duly authorized so to doreceive such delivery. Every such person shall also be deemed to represent that the Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are is not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit delivery of Shares and issuance of such 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 or other evidence of title 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 do. Every such person shall also be deemed to represent that the Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 1 contract
Samples: Isis Communications LTD /Fi
WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall be deemed thereby to represent representrepresent and warrant that such Shares and each certificate or other evidence of title therefor, if applicable, are validly issued, fully paidpaid and non-assessable,, 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 thesuch Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and xxxxx the sale of the Receipts evidencing thereforevidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations representationsrepresentations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Australia & New Zealand Banking 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 or other evidence of title 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 such Shares are free and clear of any lien, encumbrance, security interest, charge, mortgage, pledge or restriction on transfer, 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 deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 1 contract
Samples: Spirent Communications 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 or other evidence of title 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 Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 1 contract
Samples: Enviromission 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 or other evidence of title 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 Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 1 contract
Samples: KalNorth Gold Mines LTD
WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement hereunder shall be deemed thereby to represent and warrant warrant that (i) such Shares and each certificate or other evidence of title therefor, if applicable, therefor are validly issued, fully paid, nonassessable non assessable, and free of any pre-emptive rights of the holders of outstanding Shares and that Shares, (ii) the person making such deposit is duly authorized so to do. Every , (iii) any preemptive rights then in effect with respect to such person shall also be deemed to represent that the Shares deposited by that person are not Restricted Securities have been validly waived or exercised and that (iv) the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing representing such Shares by that person are not restricted under the Securities Securities Act of 1933. Such representations and warranties warranties shall survive the deposit of Shares and issuance issuance of ReceiptsReceipts.
Appears in 1 contract
Samples: Anglo Irish Bank Corp PLC /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 or other evidence of title therefor, if applicable, are validly issued, fully paid, nonassessable and free of any pre-emptive rights of the holders of outstanding Shares and free and clear of any lien, encumbrance, security interest, charge or adverse claim 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 deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts. 6.
Appears in 1 contract
Samples: Braskem Sa
WARRANTIES OF DEPOSITORS. Every person depositing Shares under the Deposit Agreement shall will be deemed thereby to represent and warrant warrant, in addition to such representations and warranties as may be required pursuant to Section 2.02 of the Deposit Agreement, that such Shares and each certificate or other evidence of title 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 Shares deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall will survive the deposit of such Shares and issuance of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Invensys PLC/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 or other evidence of title therefor, if applicable, therefor are validly issued, fully paid, nonassessable are not a holding, or part of a holding, in which a Person has a Relevant Interest in Shares (as defined in paragraph (9) hereof and free of any pre-emptive rights in Section 3.4 of the holders Deposit Agreement) in breach of outstanding Shares the Constitution 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 deposited by that person are not Restricted Securities and that the deposit of such Shares and the or sale of Receipts evidencing American Depositary Shares representing such Shares by that person are is not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.
Appears in 1 contract
Samples: Deposit Agreement (Telecom Corp of New Zealand 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 or other evidence of title 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 such Shares are free and clear of any lien, encumbrance, security interest, charge, mortgage, pledge or restriction on transfer, 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 deposited by that person are not Restricted Securities and that the deposit of such Shares and the sale of Receipts evidencing American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts. 6.
Appears in 1 contract
Samples: Spirent PLC