Common use of Deposit with Custodian Clause in Contracts

Deposit with Custodian. Subject to the terms and conditions of this Agreement, the Depositary shall issue ADRs for delivery at the Depositary's Corporate Trust Office against delivery or transfer to the Custodian of: (i) Shares by credit to the account of the Custodian with Clearing AG or (ii) subject to the provisions of Paragraph (5) of the Form of ADR, rights to receive Shares. ADRs issued upon the deposit of rights to receive Shares in accordance with clause (ii) of this Section 3(a) are hereinafter referred to as "Pre-released ADRs", and each such issuance as a "Pre-release", until such time as Shares are deposited with the Custodian in accordance with clause (i) of this Section 3(a). In connection with any such deposit, the Depositary or the Custodian may require (i) a written order from the person making such deposit specifying the person or persons in whose name the ADRs are to be issued (a "Delivery Order") or (ii) such other certifications as the Depositary or the Custodian may require in accordance with the provisions of this Agreement. No Share shall be accepted for deposit unless accompanied by evidence satisfactory to the Depositary that the necessary approval, if any, has been granted by the governmental body, if any, in the Federal Republic of Germany which is then performing the function of the regulation of currency exchange.

Appears in 1 contract

Sources: Deposit Agreement (Bank of New York / Adr Division)

Deposit with Custodian. Subject to the terms and conditions of this Agreement, the Depositary shall issue ADRs for delivery at the Depositary's Corporate Trust Office against delivery or transfer to the Custodian of: (i) Shares by credit to the account of the Custodian with Clearing AG ÖKB; or (ii) subject to the provisions of Paragraph (5) of the Form of ADR, rights to receive Shares. ADRs issued upon the deposit of rights to receive Shares in accordance with clause (ii) of this Section 3(a) are hereinafter referred to as "Pre-released ADRs", and each such issuance as a "Pre-release", until such time as Shares are deposited with the Custodian in accordance with clause (i) of this Section 3(a). In connection with any such deposit, the Depositary or the Custodian may require (i) a written order from the person making such deposit specifying the person or persons in whose name the ADRs are to be issued (a "Delivery Order") or (ii) such other certifications as the Depositary or the Custodian may require in accordance with the provisions of this Agreement. No Share shall be accepted for deposit unless accompanied by evidence satisfactory to the Depositary that the necessary approval, if any, has been granted by the governmental body, if any, in the Federal Republic of Germany Austria which is then performing the function of the regulation of currency exchange.

Appears in 1 contract

Sources: Deposit Agreement (Osterreichische Elektrizitatswirtschafts /Fi)

Deposit with Custodian. Subject to the terms and conditions of this Agreement, the Depositary shall issue ADRs for delivery at the Depositary's Corporate Trust Depositarys Office against delivery or transfer to the Custodian of: (i) Shares by credit to the account of the Custodian with Clearing AG OKB; or (ii) subject to the provisions of Paragraph (5) of the Form of ADR, rights to receive Shares. ADRs issued upon the deposit of rights to receive Shares in accordance with clause (ii) of this Section 3(a) are hereinafter referred to as "Pre-released ADRs", and each such issuance as a "Pre-release", until such time as Shares are deposited with the Custodian in accordance with clause (i) of this Section 3(a). In connection with any such deposit, the Depositary or the Custodian may require (i) a written order from the person making such deposit specifying the person or persons in whose name the ADRs are to be issued (a "Delivery Order") or (ii) such other certifications as the Depositary or the Custodian may require in accordance with the provisions of this Agreement. No Share shall be accepted for deposit unless accompanied by evidence satisfactory to the Depositary that the necessary approval, if any, has been granted by the governmental body, if any, in the Federal Republic of Germany Austria which is then performing the function of the regulation of currency exchange.

Appears in 1 contract

Sources: Deposit Agreement (Osterreichische Elektrizitatswirtschafts /Fi)