Common use of Warranties on Deposit of CPOs Clause in Contracts

Warranties on Deposit of CPOs. Every person depositing CPOs under this Deposit Agreement shall be deemed thereby to represent and warrant that such CPOs and the Shares represented thereby, and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any preemptive rights of the holders of outstanding CPOs or 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 CPOs and the sale of American Depositary Shares representing such CPOs by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of CPOs and delivery of American Depositary Shares.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), Deposit Agreement (Bank of New York / Adr Division)

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Warranties on Deposit of CPOs. Every person depositing CPOs under this the Deposit Agreement shall be deemed thereby to represent and warrant warrant, that such CPOs and the Shares represented thereby, and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any preemptive rights of the holders of outstanding CPOs or 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 CPOs and the sale of American Depositary Shares representing such CPOs by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of CPOs and delivery of American Depositary Shares.

Appears in 1 contract

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

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