MERCANTIL SERVICIOS FINANCIEROS, C.A. AND JPMORGAN CHASE BANK, N.A., As Depositary AND HOLDERS OF AMERICAN DEPOSITARY RECEIPTS Deposit Agreement Dated as of August 1, 1997 as Amended and Restated as of December , 2006Deposit Agreement • December 26th, 2006 • Mercantil Servicios Financieros, C.A. • New York
DEPOSIT AGREEMENT dated as of August 1, 1997 as amended and restated as of December , 2006 (as so amended and restated, the "Deposit Agreement") among MERCANTIL SERVICIOS FINANCIEROS, C.A. and its successors (the "Company"), JPMORGAN CHASE BANK, N.A., as depositary hereunder (the "Depositary"), and all Holders and Beneficial Owners from time to time of American Depositary Receipts issued hereunder ("ADRs") evidencing American Depositary Shares ("ADSs") representing either deposited Class B Shares or deposited Class A Shares (each described below). The Company hereby appoints the Depositary as depositary for the Deposited Securities and hereby authorizes and directs the Depositary to act in accordance with the terms set forth in this Deposit Agreement. All capitalized terms used herein have the meanings ascribed to them in Section 1 or elsewhere in this Deposit Agreement.
