Common use of Warranty as to Receipts and Depositary Shares Clause in Contracts

Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants to the Depositary that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/40th interest in one share of Stock. Such representation and warranty shall survive the deposit of shares of Stock and the issuance of the Receipts.

Appears in 7 contracts

Samples: Deposit Agreement (Amtrust Financial Services, Inc.), Deposit Agreement (National General Holdings Corp.), Deposit Agreement (Amtrust Financial Services, Inc.)

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Warranty as to Receipts and Depositary Shares. The Company Corporation hereby represents and warrants to the Depositary that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will evidence represent legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/40th 1/20th fractional interest in one a share of StockMandatory Convertible Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of shares of the Mandatory Convertible Preferred Stock and the issuance of the ReceiptsReceipts evidencing the Depositary Shares.

Appears in 2 contracts

Samples: Deposit Agreement (Kinder Morgan, Inc.), Deposit Agreement (Southwestern Energy Co)

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