DELIVERY OF INFORMATION TO THE CVM. Each of the Depositary and the Company hereby confirms to the other that for as long as the Deposit Agreement is in effect, it shall furnish the CVM and the Central Bank, at any time and within the period that may be determined, with any information and documents related to the American Depositary Share program and the American Depositary Shares issued thereunder. In the event that the Depositary or the Custodian is advised in writing by reputable independent Brazilian counsel that the Depositary or Custodian reasonably could be subject to criminal, or material, as reasonably determined by the Depositary, civil, liabilities as a result of the Company having failed to provide such information or documents reasonably available only through the Company, and the Company has failed to cure such failure within 15 days after receipt of written notice from the Depositary, then the Depositary shall have the right to terminate the Deposit Agreement, upon at least 15 days’ prior notice to the Owners and the Company, and the Depositary shall not be subject to any liability hereunder on account of that termination or that determination. The effect of any termination of the Deposit Agreement shall be as provided in Section 6.2 of that Agreement.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)
DELIVERY OF INFORMATION TO THE CVM. Each of the Depositary and the Company hereby confirms to the other that for as long as the this Deposit Agreement is in effect, it shall furnish the CVM and the Central Bank, at any time and within the period that may be determined, with any information and documents related to the American Depositary Share program and the American Depositary Shares issued thereunderhereunder. In the event that the Depositary or the Custodian is advised in writing by reputable independent Brazilian counsel that the Depositary or Custodian reasonably could be subject to criminal, or material, as reasonably determined by the Depositary, civil, liabilities as a result of the Company having failed to provide such information or documents reasonably available only through the Company, and the Company has failed to cure such failure within 15 days after receipt of written notice from the Depositary, then the Depositary shall have the right to terminate the this Deposit Agreement, upon at least 15 days’ prior notice to the Owners and the Company, and the Depositary shall not be subject to any liability hereunder on account of that termination or that determination. The effect of any termination of the this Deposit Agreement shall be as provided in Section 6.2 of that Agreement6.2.
Appears in 1 contract
Sources: Deposit Agreement (Bank of New York / Adr Division)