ANDDeposit Agreement • December 29th, 2000 • Vivendi Universal • Services-business services, nec • New York
December 8, 2000 Ms. Nancy Fitzsimmons The Bank of New York 101 Barclay Street New York, NY 10286 RE: Vivendi Universal (the "Company") Dear Ms. Fitzsimmons: Reference is made to the Deposit Agreement, dated as of April 19, 1995, as amended and...Deposit Agreement • December 29th, 2000 • Vivendi Universal • Services-business services, nec
Reference is made to the Deposit Agreement, dated as of April 19, 1995, as amended and restated as of September 11, 2000, and as further amended and restated as of the date hereof among the Company, The Bank of New York (the "Depositary"), and all Owners and Beneficial Owners from time to time of American Depositary Receipts issued thereunder (the "Deposit Agreement"). With respect to any fees that may be payable pursuant to clause (5) of Section 5.09 or clause (b) of the third paragraph of Section 6.02 of the Deposit Agreement, we agree to pay to the Depositary, in consideration of the Depositary's agreement not to charge and collect from Owners and Beneficial Owners, an amount equal to $2.50 per 100 American Depositary Shares (or portion thereof), to the extent charged by the Depositary, for the execution and delivery of Receipts pursuant to Section 4.03 or for the surrender of Receipts and withdrawal of the Deposited Securities, but in any case solely with respect to Receipts issued
