among CONSTRUCTORA INTERNACIONAL DE INFRAESTRUCTURA, S.A. DE C.V., as BorrowerDepositary Agreement • June 30th, 2004 • Ica Corporation Holding Co • Heavy construction other than bldg const - contractors • New York
DEPOSITARY AGREEMENTDepositary Agreement • April 6th, 2015 • Diversified Real Asset Income Fund • Massachusetts
This Depositary Agreement is entered into as of this 23rd day of March, 2015, by and among Diversified Real Asset Income Fund (NYSE: DRA), a business trust organized and existing under the laws of the Commonwealth of Massachusetts (the “Company”) and Computershare Inc., a Delaware corporation and its fully owned subsidiary Computershare Trust Company, N.A., a national banking association (in its capacity as Depositary, collectively hereunder, the “Depositary” or individually the “Trust Company” and “Computershare,” respectively).
EXHIBIT 2.3 DEPOSITARY AGREEMENT Computershare Trust Company of Canada 600, 530 - 8th Avenue SW Calgary, Alberta T2P 3S8 Attention: Colin Petryk Dear Sirs: APF Energy Inc. (the "Company"), together with APF Energy Trust, proposes to make an offer (the...Depositary Agreement • August 19th, 2003 • Apf Energy Trust /Fi • Alberta
DEPOSITARY AGREEMENTDepositary Agreement • August 20th, 2009 • Colonial Commercial Corp • Wholesale-hardware & plumbing & heating equipment & supplies • New York
Colonial Commercial Corp. (the “Purchaser”), is offering to purchase any and all of the outstanding shares of convertible preferred stock, $.05 par value per share, (the “Preferred Stock” or “Shares”), of Colonial Commercial Corp., Cusip # 195621 503, Tax ID # 11-2037182 (the “Company”), for $1.25 per share of Preferred Stock (the “Offer Price”), net to the seller in cash upon the terms and conditions set forth in the Offer to Purchase dated August 20, 2009 (the “Offer to Purchase”) and in the related Letter of Transmittal, copies of which are attached hereto as Exhibit A and Exhibit B, respectively, and which, together with any amendments or supplements thereto constitute the “Offer”. The “Expiration Date” for the Offer shall be 12:00 Midnight New York City time, on September 22, 2009 unless and until the Purchaser shall have extended the period of time during which the Offer is open, in which event the term “Expiration Date” shall mean the latest time and date at which the Offer, as
DEPOSITARY AGREEMENT among DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company, as the Company and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Depositary Dated as of...Depositary Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This DEPOSITARY AGREEMENT, dated as of March 20, 2013 (this “Agreement”), is entered into by and among DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (the “Company”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the Secured Parties (in such capacity, “Collateral Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary agent, bank and securities intermediary (in such capacities, “Depositary”).
DEPOSITARY AGREEMENTDepositary Agreement • March 28th, 2016
DEPOSITARY AGREEMENT Between Delaware Investments Dividend and Income Fund, Inc. and Computershare Trust Company N.A. and Computershare Inc.Depositary Agreement • June 1st, 2016 • Delaware Investments Dividend & Income Fund, Inc • New York
THIS DEPOSITARY AGREEMENT, dated as of May 19, 2016 (the “Effective Date”), is by and between Delaware Investments Dividend and Income Fund, Inc., a Maryland corporation (“Purchaser”), having its principal office and place of business at 2005 Market Street, Philadelphia, PA 19103, and Computershare Inc., a Delaware corporation (“Computershare”), and its wholly owned subsidiary Computershare Trust Company, N.A., a federally chartered trust company (“Trust Company”, and together with Computershare, “Agent”), each having a principal office and place of business at 250 Royall Street, Canton, Massachusetts 02021.
DEPOSITARY AGREEMENT among 2014 ESA PROJECT COMPANY, LLC a Delaware limited liability company, as the Company and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Depositary Dated as of July 18, 2014Depositary Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This DEPOSITARY AGREEMENT, dated as of July 18, 2014 (this “Agreement”), is entered into by and among 2014 ESA Project Company, LLC, a Delaware limited liability company (the “Company”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the Secured Parties (in such capacity, “Collateral Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary agent, bank and securities intermediary (in such capacities, “Depositary”).
DEPOSITARY AGREEMENT among 2012 V PPA PROJECT COMPANY, LLC, a Delaware limited liability company, as Borrower and PE12GVVC (BLOOM PPA) LTD., as Administrative Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS as Depositary and Collateral Agent Dated as...Depositary Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This DEPOSITARY AGREEMENT, dated as of February 21, 2013 (this “Agreement”), is entered into by and among 2012 V PPA PROJECT COMPANY, LLC, a Delaware limited liability company (“Borrower”), PE12GVVC (BLOOM PPA) LTD., as administrative agent for the Secured Parties referred to in the Credit Agreement (as defined below) (in such capacity, “Administrative Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary agent, bank and securities intermediary (in such capacities, “Depositary”) and as collateral agent for the Secured Parties (in such capacity, “Collateral Agent”).
AMENDMENT NO. 1 DEPOSITARY AGREEMENTDepositary Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDMENT NO. 1 TO DEPOSITARY AGREEMENT (this “Amendment”), is entered into effective as of March 21, 2017 by and among Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Company”), Deutsche Bank Trust Company Americas, as Depositary (“Depositary”), and Deutsche Bank Trust Company America, as Collateral Agent (“Collateral Agent”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the Depositary Agreement (as defined below). All Section references, unless otherwise indicated, shall be references to Sections of the Depositary Agreement and the rules of interpretation set forth in the Depositary Agreement apply as if set forth herein.
EX-99.(D)(1) 9 d346316dex99d1.htm DEPOSITARY AGREEMENT DEPOSITARY AGREEMENTDepositary Agreement • May 5th, 2020 • New York
This DEPOSITARY AGREEMENT (this “Agreement”) is entered into as of April 26, 2017, by and between American Stock Transfer & Trust Company, LLC (the “Depositary”) and The Korea Fund, Inc. (the “Purchaser” or the “Company”). The Purchaser is offering to purchase any and all of the outstanding shares of common stock, $.01 par value per share (the “Common Stock” or “Shares”), of The Korea Fund, Inc. (with CUSIP # 500634209 and Tax ID # 13-3226146) (the “Fund”), for cash at a price equal to 98% of the Purchaser’s net asset value per share as of the close of ordinary trading on the NYSE on May 23, 2017 (the “Offer Price”), or if the offer period is extended, as of the close of ordinary trading on the NYSE on the newly designated expiration date, upon the terms and conditions set forth in the offer to purchase, dated April 26, 2017 (the “Offer to Purchase”) and in the related letter of transmittal (“Letter of Transmittal”); which, together with any amendments or supplements thereto constitute
EXCHANGE AGENT & DEPOSITARY AGREEMENTDepositary Agreement • March 28th, 2008 • Leap Wireless International Inc • Radiotelephone communications • New York
This Exchange Agent & Depositary Agreement (this “Agreement”) is entered into as of this ___ day of 2008 by and between Cricket Communications, Inc., a Delaware corporation (the “Company”), and Wells Fargo Bank, N.A., a national banking association having its corporate trust offices in Minneapolis, Minnesota (hereinafter referred to as “Wells Fargo”).
DEPOSITARY AGREEMENTDepositary Agreement • November 8th, 2021 • Templeton Global Income Fund • New York
This DEPOSITARY AGREEMENT (this “Agreement”) is entered into as of November 5, 2021, by and between American Stock Transfer & Trust Company, LLC (the “Depositary”) and Templeton Global Income Fund (the “Fund”), which is offering to purchase a portion of its outstanding shares of its common stock, $.01 par value per share (the “Common Stock” or “Shares”), upon the terms and conditions set forth in the offer to purchase, dated November 8, 2021 (the “Offer to Purchase”) and in the related letter of transmittal (“Letter of Transmittal”); which, together with any amendments or supplements thereto constitute the “Offer”. The “Expiration Date” for the Offer shall be 11:59 p.m. New York City time, on December 7, 2021 unless and until the Fund shall have extended the period of time during which the Offer is open, in which event the term “Expiration Date” shall mean the latest time and date at which the Offer, as so extended by the Fund, shall expire.
DEPOSITARY AGREEMENTDepositary Agreement • August 4th, 2023 • Icahn Enterprises L.P. • Motor vehicle parts & accessories • Delaware
THIS SECOND AMENDED AND RESTATED DEPOSITARY AGREEMENT is entered into as of August 2, 2016, (the “Agreement”), among Icahn Enterprises, L.P. (formerly American Real Estate Partners, L.P.), a Delaware limited partnership (the “Partnership”), Icahn Enterprises G.P. Inc. (formerly American Property Investors, Inc.), a Delaware corporation (the “General Partner”), and Computershare Inc., a Delaware corporation (the “Computershare”), and its fully owned subsidiary Computershare Trust Company, N.A., a federally chartered trust company (together with Computershare, the “Depositary”), effective as of the date of the Original Agreement (as hereinafter defined).
DEPOSITARY AGREEMENT Between Invesco Pennsylvania Value Municipal Income Trust And Computershare Trust Company N.A. And Computershare Inc.Depositary Agreement • November 7th, 2024 • Invesco Pennsylvania Value Municipal Income Trust • New York
* If no, please provide us with your worksheet to ensure all reportable income or reclassification income, paid by Computershare as agent, is reported correctly. Please note that up to five decimal points can be utilized in the reallocation process. If you choose to use less than five decimal points this could result in rounding issues. Due to time constraints inherent with tax season, we will not be able to re-run tax forms due to rounding issues. Please provide us with your worksheet reflecting all distributions for this applicable tax year.
DEPOSITARY AGREEMENTDepositary Agreement • December 26th, 2006 • New Century Financial Corp • Real estate investment trusts • New York
DEPOSITARY AGREEMENT (the “Agreement”) dated as of December 19, 2006 between ST. ANDREW FUNDING TRUST (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary (the “Depositary”).
TO: Board of County Commissioners SUBJECT: Agreement – BOKF, National AssociationDepositary Agreement • April 29th, 2021 • Oklahoma
This Depositary Agreement is dated as of April 22, 2021 (the “Agreement”) by and between Tulsa County, (the “Depositor”), and BOKF, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Depositary”).
2 3 into such agreements or arrangements on behalf of the Purchaser. Without limiting any other provision of this Agreement, you are expressly authorized to enter into any such agreements or arrangements on behalf of the Purchaser and to make any...Depositary Agreement • September 2nd, 1998 • Scudder Spain & Portugal Fund Inc • New York
DEPOSITARY AGREEMENTDepositary Agreement • November 1st, 2019 • Invesco Senior Income Trust • New York
THIS DEPOSITARY AGREEMENT (this “Agreement”) is entered into as of October 14, 2019 by and among American Stock Transfer & Trust Company, LLC (the “Depositary”), Invesco High Income Trust II, with CUSIP number 46131F101 and Tax ID number 36-6900462 (the “High Income Fund”), Invesco Senior Income Trust, with CUSIP number 46131H107 and Tax ID number 36-4221649 (the “Senior Income Trust”), and Invesco Dynamic Credit Opportunities Fund, with CUSIP number 46132R104 and Tax ID number 20-8870533 (the “Opportunities Fund”; together with the High Income Fund and the Senior Income Trust, the “Funds”), which are offering to purchase a portion of their respective outstanding common shares, $.01 par value per share (collectively, the “Common Shares” or the “Shares”), upon the terms and conditions set forth in the offer to purchase, dated November 1, 2019 (the “Offer to Purchase”) and in the related letter of transmittal (“Letter of Transmittal”), which, together with any amendments or supplements t
DEPOSITARY AGREEMENT among as Borrower CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Administrative Agent WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Depositary Bank Dated as of June...Depositary Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This DEPOSITARY AGREEMENT, dated as of June 25, 2015 (this “Agreement”), is made by and among 2015 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as administrative agent for the Lenders (as defined in the Credit Agreement, as hereinafter defined) (the “Administrative Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent for the benefit of the Secured Parties (as hereinafter defined) (the “Collateral Agent”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as depositary bank (the “Depositary Bank”).
AMONGDepositary Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
Letterhead of DNP Select Income Fund Inc.] February 14, 2003Depositary Agreement • April 22nd, 2004 • DNP Select Income Fund Inc
Please refer to the Depositary Agreement dated as of April 29, 1993 (as previously amended on June 9, 1994, the "Depositary Agreement") between DNP Select Income Fund Inc. (f/k/a Duff & Phelps Utilities Income Inc.) (the "Fund") and you, as successor to IBJ Schroder Bank & Trust Company, as Depositary. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Depositary Agreement.
ANDDepositary Agreement • August 27th, 2003 • Union Planters Corp • National commercial banks • New York
CONTENTSDepositary Agreement • June 12th, 2017
DEPOSITARY AGREEMENTDepositary Agreement • October 24th, 2022
Account Operator; has the meaning given to it in Art. 4 Para. 1, item 4 of the Act No. 7/2020on Central Securities Depositories, Settlement and Electronic Registration of Financial Instruments, as amended. AIM; means AIM, the market operated by London Stock Exchange plc. Business Day; means any day (other than a Saturday or a Sunday), on which banks are open for business in Iceland and Canada as applicable. Common Shares; any portion of the Company’s outstanding common shares as traded on AIM, TSX-V or anywhere else it may be held or traded, which is not held by the Depositary. Custodian; means the party with whom the Depository has, from time to time, entered into a custody agreement, on the basis of which the Custodianholds the Shares on the Depositary’s behalf.
DEPOSITARY AGREEMENT dated as of February 1, 1994 between DUFF & PHELPS UTILITY AND CORPORATE BOND TRUST INC. and THE INDUSTRIAL BANK OF JAPAN TRUST COMPANYDepositary Agreement • August 29th, 2006 • Duff & Phelps Utility & Corporate Bond Trust Inc
We (the Company herein referred to) hereby request that you, The Industrial Bank of Japan Trust Company, (the “Depositary”) act as issuing and paying agent and depositary in connection with the sale from time to time of CP Notes (as hereinafter defined) of Duff & Phelps Utility and Corporate Bond Trust Inc. (the “Company”), and that you undertake certain obligations, but only such obligations as described in this Agreement, on behalf of the holders from time to time of such CP Notes (the “CP Holders”). In such capacities you shall be governed by the terms and conditions of this Depositary Agreement (hereinafter referred to as “this Agreement”) and, whenever the book-entry system of The Depository Trust Company (“DTC”) is used for the CP Notes, the Letter of Representations of even date herewith (the “Letter of Representations”) from the Company and you to DTC, the Commercial Paper Certificate Agreement between you and DTC (the “Certificate Agreement”) and the procedures set forth in th
Duff & Phelps Utility and Corporate Bond Trust Inc.Depositary Agreement • August 29th, 2006 • Duff & Phelps Utility & Corporate Bond Trust Inc
Reference is made to that certain Depositary Agreement dated as of February 1, 1994 (as the “Original Depositary Agreement”) between Duff & Phelps Utility and Corporate Bond Trust Inc. (the “Fund”) and you, as successor to The Industrial Bank of Japan Trust Company, as Depositary. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Original Depositary Agreement.
DEPOSITARY AGREEMENT Dated as of May 12, 2009 among HLI OPERATING COMPANY, INC., HAYES LEMMERZ FINANCE LLC – LUXEMBOURG S.C.A., DEUTSCHE BANK AG NEW YORK BRANCH, as DIP Administrative Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS, as DepositaryDepositary Agreement • May 29th, 2009 • Hayes Lemmerz International Inc • Motor vehicle parts & accessories • New York
DEPOSITARY AGREEMENT DEPOSITARY AGREEMENT (this "Agreement"), dated as of September 30, 1997, among PHYSICIANS CLINICAL LABORATORY, INC. (together with its successors and assigns, the "Provider"), BIO-CYPHER FUNDING CORP., (together with its...Depositary Agreement • October 20th, 1997 • Nu Tech Bio Med Inc • Services-medical laboratories • New York
DEPOSITARY AGREEMENTDepositary Agreement • November 3rd, 2020
The Depositary Agreement is made and entered into this ______ day of _______________, 20_____, by and between East Lynne 40 School District ("District") and _________________Bank, a corporation of ____________________ Missouri ("Depositary").
EXCHANGE AGENT & DEPOSITARY AGREEMENTDepositary Agreement • May 9th, 2007 • Brigham Inc • Crude petroleum & natural gas
This Exchange Agent & Depositary Agreement (this “Agreement”) is entered into as of this day of 2007 by and between Brigham Exploration Company, a Delaware corporation (the “Company”), and Wells Fargo Bank, N.A., a national banking association having its principal corporate trust offices in Minneapolis, Minnesota (hereinafter referred to from time to time as “Wells Fargo”).
DEPOSITARY AGREEMENTDepositary Agreement • November 21st, 2023 • Templeton Dragon Fund Inc
THIS DEPOSITARY AGREEMENT (this “Agreement”) is entered into as of November 21, 2023 (the “Effective Date”) by and between EQUINITI TRUST COMPANY, LLC, a New York limited liability trust company (the “Depositary”), and Templeton Dragon Fund Inc. (the “Fund”).
DEPOSITARY AGREEMENTDepositary Agreement • August 15th, 2016
Contents: Clause: Subject: Page: 1 Definitions and Headings 4 1.1 Definitions 1.2 Headings 2 Structure and Hierarchy of This Agreement 7 2.1 Single Agreement 2.2 Hierarchy of agreements and documents 2.3 Prior existing agreements 2.4 Nature of the Fund 3 Appointment of BNYM 8 3.1 Effective date 3.2 Compliance with laws and regulations 3.3 Additional funds 3.4 Professional standard of BNYM 3.5 Provision of information 4 Safekeeping 9 4.1 Safekeeping of Financial Instruments 4.2 Safekeeping of Other Assets 4.3 Re-use of Assets 5 Cash Monitoring 11 6 Oversight 14 7 Delegation of Depositary Functions and Tasks 15 7.1 General obligations 7.2 Delegation of the custody of Financial Instruments 7.3 Insolvency protection of the Fund’s Assets when delegating custody functions 7.4 Local entity 7.5 Contingency Plans 7.6 Miscellaneous requirements 7.7 List of Delegates (Schedule 2) 8 Rights of BNYM 21 8.1 Rights of BNYM 8.1.1 To receive advice 8.1.2
FIRST AMENDMENT TO DEPOSITARY AGREEMENTDepositary Agreement • March 11th, 2024 • OPAL Fuels Inc. • Gas & other services combined • New York
This FIRST AMENDMENT TO DEPOSITARY AGREEMENT, dated as of March 5, 2024 (this “Amendment”), is entered into by and among Paragon RNG LLC, a Delaware limited liability company (“Borrower”), Bank of Montreal, Chicago Branch, in its capacity as administrative agent (“Administrative Agent”), Wilmington Trust, National Association, in its capacity as collateral agent for the Secured Parties (“Collateral Agent”) and Wilmington Trust, National Association, in its capacity as depositary agent (“Depositary Agent”, and together with Borrower, Administrative Agent and Collateral Agent, each a “Party”, and collectively, the “Parties”) in connection with that certain Depositary Agreement. As used in this Amendment, capitalized terms which are not defined herein shall have the meanings ascribed to such terms in the Depositary Agreement.
DEPOSITARY AGREEMENTDepositary Agreement • October 26th, 2016
