BUSINESS OBJECTS S.A. AND THE BANK OF NEW YORK As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY RECEIPTS Amended and Restated Deposit Agreement Dated as of September 22, 1994 As Amended and Restated as of May 8, 1996 As Amended and Restated...Deposit Agreement • January 18th, 2008 • Business Objects S.A. • Services-prepackaged software • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of September 22, 1994, as amended and restated as of May 8, 1996, as amended and restated as of December 30, 1998, as amended and restated as of October 15, 2003, and as further amended and restated as of ___________________, 2008, among BUSINESS OBJECTS S.A., a société anonyme incorporated under the laws of The Republic of France (herein called the Issuer), THE BANK OF NEW YORK, a New York banking corporation (herein called the Depositary), and all Owners and holders from time to time of American Depositary Receipts issued hereunder.
Exhibit A to Deposit AgreementDeposit Agreement • January 18th, 2008 • Business Objects S.A. • Services-prepackaged software
entitling the Owner to receive deposited ordinary shares, nominal value 0.10 euro each (herein called "Shares"), of Business Objects S.A., incorporated under the laws The Republic of France (herein called the "Issuer"). At the date hereof, each American Depositary Share entitles the Owner thereof to receive one Share which is either deposited or subject to deposit under the deposit agreement at the designated Paris office of BNP Paribas, 12 BD de la Madeleine, 75009 Paris, France and/or at the designated Nantes Cedex office of Société Génerale, France, 32, rue du Champ de Tir, Department Titres ET Bourse, BP 1135-44024 Nantes Cedex, France (herein collectively called the "Custodian"). The Depositary's Corporate Trust Office is located at a different address than its principal executive office. Its Corporate Trust Office is located at 101 Barclay Street, New York, N.Y. 10286, and its principal executive office is located at One Wall Street, New York, N.Y. 10286.
