SECOND AMENDED AND RESTATED DEPOSIT AGREEMENTDeposit Agreement • October 14th, 2022 • Deutsche Bank Trust Co Americas/ ADR Group • New York
THIS AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED DEPOSIT AGREEMENT, dated as of October 14, 2022 (hereafter, the “Amendment”) is amending the Second Amended and Restated Deposit Agreement dated as of July 9, 2012 (the “Deposit Agreement”), and is entered into by and between (i) Koninklijke DSM N.V., a company incorporated under the laws of the Netherlands (together with its successors, the “Company”), (ii) Deutsche Bank Trust Company Americas, an indirect wholly owned subsidiary of Deutsche Bank A.G., acting in its capacity as depositary, with its principal office at 1 Columbus Circle, New York, NY 10019, United States of America (the “Depositary”, which term shall include any successor depositary hereunder) and (iii) all Holders and Beneficial Owners of American Depositary Shares evidenced by American Depositary Receipts issued hereunder (all such capitalized terms as hereinafter defined).
