WARRANTIES ON DEPOSIT OF SECURITIES Sample Clauses

WARRANTIES ON DEPOSIT OF SECURITIES. Every Person depositing Securities under the Depositary Trust Agreement shall be deemed thereby to represent and warrant that such Receipts and each certificate therefor are validly issued and fully paid, that the person making such deposit is duly authorized to do so and that at the time of delivery, such Securities are free and clear of any lien, pledge, encumbrance, right, charge or claim (other than the rights created by the Depositary Trust Agreement). Every such person shall also be deemed to represent that such Securities are not, and Receipts representing such Securities would not be, Restricted Securities. Such representations and warranties shall survive the deposit of Securities, issuance of Receipts or termination of the Depositary Trust Agreement.
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WARRANTIES ON DEPOSIT OF SECURITIES. Every Person depositing Securities under the Depositary Trust Agreement shall be deemed thereby to represent and warrant that such Securities and each certificate therefor are validly issued and fully paid, that the person making such deposit is duly authorized to do so and that at the time of delivery, such Securities are free and clear of any lien, pledge, encumbrance, right, charge or claim (other than the rights created by the Depositary Trust Agreement). Every such person shall also be deemed to represent that such Securities are not, and Receipts representing such Securities would not be, Restricted Securities. Such representations and warranties shall survive the deposit of Securities, issuance of Receipts or termination of the Depositary Trust Agreement. In the event that the Trustee, in its sole discretion, determines that any of such representations and warranties were materially inaccurate at the time deemed to be given and that such inaccuracy has or may adversely affect other Beneficial Owners in any material respect, the related deposit of Securities shall be null and void and the Trustee shall cause the related Securities (and any securities or financial instruments resulting therefrom subsequent to the date of deposit and not previously distributed) to be redelivered, if lawful and feasible, to such person or its successors in interest. Notwithstanding anything herein to the contrary, if for any reason any liens, pledges, encumbrances, rights, charges or claims shall be made on such Securities by a party claiming through such Depositor, or if such Securities are Restricted Securities, the Trustee may take such action or refrain from taking any action as it shall determine in its sole discretion is in the best interests of the holders of the Receipts and related expenses may be treated as Extraordinary Expenses.
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WARRANTIES ON DEPOSIT OF SECURITIES. Every Depositor of Securities will be deemed to represent and warrant that: (a) such Securities and each certificate therefor are validly issued and are fully paid and non assessable; (b) the Depositor is duly authorized to deposit the Securities; (c) at the time of Delivery, such Securities are free and clear of any lien, pledge, encumbrance, right, charge or claim (other than the rights created hereby); and (d) such Securities are not, and Receipts representing such Securities would not be, Restricted Securities. Such representations and warranties will survive the deposit of Securities, issuance of Receipts or termination of this Agreement.
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Related to WARRANTIES ON DEPOSIT OF SECURITIES

  • Warranties on Deposit of Shares Every person depositing Shares under this 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 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 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 delivery of American Depositary Shares.

  • Representations and Warranties on Deposit of Shares 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, 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, (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 2.14), 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 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 are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and issuance of Receipts.

  • Representations and Warranties of Indenture Trustee The Indenture Trustee represents and warrants and any successor trustee shall represent and warrant that:

  • Representations and Warranties of Depositors 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, 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 2.14 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.

  • Representations and Warranties of Depositor The Depositor hereby represents and warrants for the benefit of the Holders that:

  • Representations and Warranties of Fund Each Fund represents and warrants to the Transfer Agent that:

  • LIMITATION OF LIABILITY TO TRUST PROPERTY The term “

  • Representations and Warranties of Trustee The Trustee represents and warrants that:

  • Certain Representations and Warranties of Fund Fund represents and warrants to Service Company that:

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