Common use of Xxx Xxxxxxx Xxxeement Clause in Contracts

Xxx Xxxxxxx Xxxeement. This American Depositary Receipt is one of an issue of American Depositary Receipts ("Receipts" or "ADRs"), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement dated as of September 26, 1995, as amended by Amendment No. 1 to Amended and Restated Deposit Agreement, dated as of February 10, 1997, as further amended by Amendment No. 2 to Amended and Restated Deposit Agreement, dated as of October 23, 2002 (as so amended and supplemented from time to time, the "Deposit Agreement"), by and among the Company, the Depositary and all Holders from time to time of ADSs issued thereunder, each of whom by accepting an ADS becomes bound by all the terms and provisions thereof. The Deposit Agreement sets forth the rights of Holders of the Receipts and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, property and cash are hereinafter referred to as Deposited Securities). Copies of the Deposit Agreement are on file at the principal offices of the Depositary and the Custodians. The statements made on the face and the reverse of this Receipt are summaries of certain provisions of the Deposit Agreement and are qualified by and subject to the detailed provisions of the' Deposit Agreement, to which reference is hereby made. The terms "deposit", "surrender", "deliver", "transfer" or "withdraw" when used with respect to Shares, shall refer, where the context requires, to an entry or entries or an electronic transfer or transfers in an account or accounts maintained by institutions authorized under applicable law to effect transfers of securities (which may but need not be the VPC (as defined in paragraph (3) below)), and not to the physical transfer of certificates representing the Shares.

Appears in 1 contract

Samples: Deposit Agreement (Ericsson Lm Telephone Co)

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Xxx Xxxxxxx Xxxeement. This American Depositary Receipt is one of an issue of American Depositary Receipts ("Receipts" or "ADRs"), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement dated as of September 26, 1995, as amended by Amendment No. 1 to Amended and Restated Deposit Agreement, dated as of February 10September 4, 19972001, as further amended by Amendment No. 2 to Amended and Restated Deposit the Letter Agreement, dated as of October 23November 15, 2002 2006, between the Company and the Depositary (as so amended and as amended and supplemented from time to time, the "Deposit Agreement"), by and among the Company, the Depositary Depositary, and all Holders and Beneficial Owners from time to time of ADSs evidenced by ADRs issued thereunder, each of whom by accepting an ADS becomes bound by all the terms and provisions thereof. The Deposit Agreement sets forth the rights and obligations of Holders and Beneficial Owners of the Receipts ADRs and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, property and cash are hereinafter referred to as herein called "Deposited Securities"). Copies of the Deposit Agreement are on file at the principal offices Principal Office of the Depositary and with the CustodiansCustodian. Each Holder and each Beneficial Owner, upon acceptance of any ADSs (or any interest therein) issued in accordance with the terms and conditions of the Deposit Agreement, shall be deemed for all purposes to (a) be a party to and bound by the terms of the Deposit Agreement and applicable ADR(s), and (b) appoint the Depositary its attorney-in-fact, with full power to delegate, to act on its behalf and to take any and all actions contemplated in the Deposit Agreement and the applicable ADR(s), to adopt any and all procedures necessary to comply with applicable law and to take such action as the Depositary in its sole discretion may deem necessary or appropriate to carry out the purposes of the Deposit Agreement and the applicable ADR(s), the taking of such actions to be the conclusive determinant of the necessity and appropriateness thereof. The statements made on the face and the reverse of this Receipt ADR are summaries of certain provisions incorporated by reference and made part of the Deposit Agreement and Agreement. All capitalized terms used herein which are qualified by and subject not otherwise defined herein shall have the meanings ascribed thereto in the Deposit Agreement. The Depositary makes no representation or warranty as to the detailed provisions validity or worth of the' Deposit Agreement, to which reference is hereby madethe Deposited Securities. The terms "deposit"Depositary has made arrangements for the acceptance of the ADSs into DTC. Each Beneficial Owner of ADSs held through DTC must rely on the procedures of DTC and the DTC Participants to exercise and be entitled to any rights attributable to such ADSs. ADSs will represent Shares in bearer form unless the Holder of an ADR (other than DTC) notifies the Depositary in writing that it requests that the Shares evidenced by such Holder's ADRs be held in registered form. The Company or its agent for registration and transfer of Shares in the case of Shares in registered form, "surrender"or the Custodian in the case of Shares in bearer form, "deliver"will, "transfer" upon request by the Depositary, issue or "withdraw" when used with respect cause to be issued written confirmations as to holdings of Shares, shall refer, where the context requires, to an entry or entries or an electronic transfer or transfers in an account or accounts maintained by institutions authorized under applicable law to effect transfers it being agreed and understood that such confirmations do not constitute documents of securities (which may but need not be the VPC (as defined in paragraph (3) below)), and not to the physical transfer of certificates representing the Sharestitle.

Appears in 1 contract

Samples: Letter Agreement (Suez)

Xxx Xxxxxxx Xxxeement. This American Depositary Receipt is one of an issue of American Depositary Receipts ("Receipts" or "ADRs"), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement dated as of September 26, 1995, as amended by Amendment No. 1 to Amended and Restated Deposit Agreement, dated as of February 10September 4, 1997, as further amended by Amendment No. 2 to Amended and Restated Deposit Agreement, dated as of October 23, 2002 2001 (as so amended and supplemented from time to time, the "Deposit Agreement"), by and among the Company, the Depositary Depositary, and all Holders and Beneficial Owners from time to time of ADSs evidenced by ADRs issued thereunder, each of whom by accepting an ADS becomes bound by all the terms and provisions thereof. The Deposit Agreement sets forth the rights and obligations of Holders and Beneficial Owners of the Receipts ADRs and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, property and cash are hereinafter referred to as herein called "Deposited Securities"). Copies of the Deposit Agreement are on file at the principal offices Principal Office of the Depositary and with the CustodiansCustodian. Each Holder and each Beneficial Owner, upon acceptance of any ADSs (or any interest therein) issued in accordance with the terms and conditions of the Deposit Agreement, shall be deemed for all purposes to (a) be a party to and bound by the terms of the Deposit Agreement and applicable ADR(s), and (b) appoint the Depositary its attorney-in-fact, with full power to delegate, to act on its behalf and to take any and all actions contemplated in the Deposit Agreement and the applicable ADR(s), to adopt any and all procedures necessary to comply with applicable law and to take such action as the Depositary in its sole discretion may deem necessary or appropriate to carry out the purposes of the Deposit Agreement and the applicable ADR(s), the taking of such actions to be the conclusive determinant of the necessity and appropriateness thereof. The statements made on the face and the reverse of this Receipt ADR are summaries of certain provisions incorporated by reference and made part of the Deposit Agreement and Agreement. All capitalized terms used herein which are qualified by and subject not otherwise defined herein shall have the meanings ascribed thereto in the Deposit Agreement. The Depositary makes no representation or warranty as to the detailed provisions validity or worth of the' Deposit Agreement, to which reference is hereby madethe Deposited Securities. The terms "deposit"Depositary has made arrangements for the acceptance of the ADSs into DTC. Each Beneficial Owner of ADSs held through DTC must rely on the procedures of DTC and the DTC Participants to exercise and be entitled to any rights attributable to such ADSs. ADSs will represent Shares in bearer form unless the Holder of an ADR (other than DTC) notifies the Depositary in writing that it requests that the Shares evidenced by such Holder's ADRs be held in registered form. The Company or its agent for registration and transfer of Shares in the case of Shares in registered form, "surrender"or the Custodian in the case of Shares in bearer form, "deliver"will, "transfer" upon request by the Depositary, issue or "withdraw" when used with respect cause to be issued written confirmations as to holdings of Shares, shall refer, where the context requires, to an entry or entries or an electronic transfer or transfers in an account or accounts maintained by institutions authorized under applicable law to effect transfers it being agreed and understood that such confirmations do not constitute documents of securities (which may but need not be the VPC (as defined in paragraph (3) below)), and not to the physical transfer of certificates representing the Sharestitle.

Appears in 1 contract

Samples: Deposit Agreement (Suez)

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Xxx Xxxxxxx Xxxeement. This American Depositary Receipt is one of an issue of American Depositary Receipts ("Receipts" or "ADRs"), all issued and to be issued upon the terms and conditions set forth in the Amended and Restated Deposit Agreement dated as of September 26, 1995, as amended by Amendment No. 1 to Amended and Restated Deposit Agreement, dated as of February 10, 1997, as further amended by Amendment No. 2 to Amended and Restated Deposit Agreement, dated as of October 23, 2002 2002, and as further amended by Amendment No. 3 to Amended and Restated Deposit Agreement, dated as of [March 5], 2009 (as so amended and supplemented from time to time, the "Deposit Agreement"), by and among the Company, the Depositary and all Holders from time to time of ADSs issued thereunder, each of whom by accepting an ADS becomes bound by all the terms and provisions thereof. The Deposit Agreement sets forth the rights of Holders of the Receipts and the rights and duties of the Depositary in respect of the Shares deposited thereunder and any and all other securities, property and cash from time to time received in respect of such Shares and held thereunder (such Shares, securities, property and cash are hereinafter referred to as Deposited Securities). Copies of the Deposit Agreement are on file at the principal offices of the Depositary and the Custodians. The statements made on the face and the reverse of this Receipt are summaries of certain provisions of the Deposit Agreement and are qualified by and subject to the detailed provisions of the' Deposit Agreement, to which reference is hereby made. The terms "deposit", "surrender", "deliver", "transfer" or "withdraw" when used with respect to Shares, shall refer, where the context requires, to an entry or entries or an electronic transfer or transfers in an account or accounts maintained by institutions authorized under applicable law to effect transfers of securities (which may but need not be the VPC (as defined in paragraph (3) below)), and not to the physical transfer of certificates representing the Shares.

Appears in 1 contract

Samples: Deposit Agreement (Ericsson Lm Telephone Co)

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