Amendments to the Form of Adr. SECTION 3.01. All references in the form of ADR to the number of Shares represented by each ADS is amended to reflect that each ADS represents two Shares.
SECTION 3.03. The form of ADR, reflecting the amendments set forth herein, is amended and restated to read as set forth as Exhibit A hereto.
Amendments to the Form of Adr. 4 SECTION 3.01
Amendments to the Form of Adr. SECTION 3.01. The address of the Depositary set forth in the form of ADR is amended to reflect the address set forth in Section 2.03 of this Amendment.
SECTION 3.02. The form of ADR, reflecting the amendments set forth in Section 3.01 hereof, is amended and restated to read as set forth as Exhibit A hereto.
Amendments to the Form of Adr. SECTION 3.01. The address of the Depositary set forth in the form of ADR is amended to reflect the address set forth in Section 2.05 of this Amendment.
SECTION 3.02. The fifth sentence of paragraph (1) of each ADR, including the form of ADR set forth in the Deposit Agreement, is amended to read as follows: Every person depositing Shares under the Deposit Agreement represents and warrants that such Shares are validly issued and outstanding, fully paid, nonassessable and free of pre-emptive rights, that the person making such deposit is duly authorized so to do and that such Shares (A) are not "restricted securities" as such term is defined in Rule 144 under the Securities Act of 1933 ("Restricted Securities") unless at the time of deposit the requirements of paragraphs (c), (e), (f) and (h) of Rule 144 shall not apply and such Shares may be freely transferred and may otherwise be offered and sold freely in the United States or (B) have been registered under the Securities Act of 1933. To the extent the person depositing Shares is an "affiliate" of the Company as such term is defined in Rule 144, the person also represents and warrants that upon the sale of the ADSs, all of the provisions of Rule 144 which enable the Shares to be freely sold (in the form of ADSs) will be fully complied with and, as a result thereof, all of the ADSs issued in respect of such Shares will not be on the sale thereof, Restricted Securities.
SECTION 3.03. The following sentence is inserted at the end of pargraph (5) of each ADR, including the form of ADR set forth in the Deposit Agreement: Each Holder of an ADR or an interest therein agrees to indemnify the Depositary, the Company, the Custodian and any of their respective directors, employees, agents and affiliates against, and hold each of them harmless from, any claims by any governmental authority with respect to taxes, additions to tax, penalties or interest arising out of any refund of taxes, reduced rate of withholding at source or other tax benefit obtained.
SECTION 3.04. Paragraph (7) of each ADR, including the form of ADR set forth in the Deposit Agreement, is amended to read as follows:
Amendments to the Form of Adr. SECTION 3.01. Paragraph (12) of the form of ADR is amended to read as follows:
Amendments to the Form of Adr. SECTION 3.01. All references in the form of ADR to the Depositary shall be references to JPMorgan Chase Bank, N.A., a national banking association organized under the laws of the United States.
SECTION 3.02. All references in the form of ADR to the number of Shares represented by each ADS is amended to reflect that each ADS represents fifteen Shares.
SECTION 3.03. The form of ADR, reflecting the amendments set forth herein and the change of address for the Commission hereof, is amended and restated to read as set forth as Exhibit A hereto.
Amendments to the Form of Adr. All references in the form of ADR to the Depositary shall be references to JPMorgan Chase Bank, N.A., a national banking association organized under the laws of the United States.
Amendments to the Form of Adr. SECTION 3.01. The form of Receipt, as amended to reflect the changes set forth in Article II of this Amendment, is set forth in Exhibit A hereto.
Amendments to the Form of Adr. SECTION 3.01. The face of the form of ADR is amended by replacing "1,000 Shares" with "1 Share".
SECTION 3.02. The first paragraph of the form of ADR is amended by replacing "1,000 Shares" with "one Share".
SECTION 3.03. The form of ADR shall be in the form set forth as Exhibit A hereto.
Amendments to the Form of Adr. SECTION 3.01. As of the open of business (NY time) on April 16, 2012, the form of ADR, and all outstanding ADRs, are amended to reflect that each ADS represents 45 Shares.
SECTION 3.02. The first sentence of paragraph (5) of the form of ADR and all outstanding ADRs is amended to read as follows: If any tax or other governmental charges (including any penalties and/or interest) shall become payable by or on behalf of the Custodian or the Depositary with respect to this ADR, any Deposited Securities represented by the ADSs evidenced hereby or any distribution thereon, including, without limitation, any Chinese Enterprise Income Tax owing if the Circular Guoshuifa [2009] No. 82 issued by the Chinese State Administration of Taxation (SAT) or any other circular, edict, order or ruling, as issued and as from time to time amended, is applied or otherwise, such tax or other governmental charge shall be paid by the Holder hereof to the Depositary and by holding or having held an ADR the Holder and all prior Holders hereof, jointly and severally, agree to indemnify, defend and save harmless each of the Depositary and its agents in respect thereof.
SECTION 3.03. Paragraph (12) of the form of ADR and all outstanding ADRs is amended to include the following at the conclusion thereof: Notwithstanding anything contained in the Deposit Agreement or any ADR, the Depositary may, to the extent not prohibited by law or regulations, or by the requirements of the stock exchange on which the ADSs are listed, in lieu of distribution of the materials provided to the Depositary in connection with any meeting of, or solicitation of consents or proxies from, holders of Deposited Securities, distribute to the Holders a notice that provides Holders with, or otherwise publicizes to Holders, instructions on how to retrieve such materials or receive such materials upon request (i.e., by reference to a website containing the materials for retrieval or a contact for requesting copies of the materials). The Depositary has been advised by the Company that under the Cayman Islands law and the Memorandum and Articles of Association of the Company, each as in effect as of the date of the Deposit Agreement, voting at any meeting of shareholders of the Company is by show of hands unless a poll is (before or on the declaration of the results of the show of hands) demanded. In the event that voting on any resolution or matter is conducted on a show of hands basis in accordance with the Memorandum an...
