Common use of WARRANTIES ON DEPOSIT OF SECURITIES Clause in Contracts

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.

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, to the extent lawful and feasible, 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 related 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 shall, promptly after becoming aware of such action lien, pledges, encumbrances, rights, charges or refrain from taking any action as it shall determine in its sole discretion is in claims, notify the best interests of the holders of the Receipts and related expenses may be treated as Extraordinary Expensesapplicable Depositor thereof.

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 Receipts, and related expenses may be treated as Extraordinary Trust Expenses.