DEPOSIT AGREEMENT by and among MERCK KGAA, DARMSTADT, GERMANY AND DEUTSCHE BANK TRUST COMPANY AMERICAS as Depositary, AND THE HOLDERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY SHARES EVIDENCED BY AMERICAN DEPOSITARY RECEIPTS ISSUED HEREUNDER Dated...Deposit Agreement • July 18th, 2017 • Deutsche Bank Trust Co Americas/ ADR Group • New York
DEPOSIT AGREEMENT, dated as of , 2017, by and among (i) Merck KGaA, Darmstadt, Germany a company incorporated under the laws of Germany, and 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, and any successor depositary hereunder (the "Depositary"), 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).
