Common use of Mailing to Holders Clause in Contracts

Mailing to Holders. The Company shall send written notice of any meeting of shareholders to the Depositary prior to the relevant meeting in accordance with its Articles of Association and Norwegian law. As soon as practicable after receipt of such notice from the Company and provided the Depositary has timely received such notice, the Depositary shall (i) fix the ADS Record Date in respect of such meeting in accordance with Paragraph 16, and (ii) distribute, at the Company's expense and provided no U.S. legal prohibition exists, to Holders as of the ADS Record Date a notice (the "Notice") containing (A) the information (or a summary thereof in a form prepared by the Company) received by the Depositary in connection with such meeting, including, if applicable, the agenda for the meeting, and (B) a statement that Holders, in their capacity as Beneficial Owners or acting on behalf of one or more named Beneficial Owners, as of the close of business on the ADS Record Date, will be entitled, subject to applicable provisions of Norwegian law and the Company's Articles of Association and to the provisions of the Deposit Agreement and the Deposited Securities, to instruct the Depositary as to the exercise of the voting rights of such Beneficial Owners, if any, pertaining to the Deposited Securities represented by their respective ADSs by completing and returning to the Depositary by the date specified in such Notice either (i) a request for admission (an "Admission Request") enabling such Beneficial Owner of ADSs to gain admission to such meeting in accordance with paragraph (ii) of this Paragraph 17, or (ii) a proxy and voting instruction card (a "Voting Instruction Card") pursuant to which a Holder (acting, as the case may be, as a Beneficial Owner of ADSs or as proxy on behalf of one or more Beneficial Owners of ADSs named in a certification of beneficial ownership) may appoint the Depositary or some other person as proxy with power of substitution to vote at such meeting in accordance with the instructions set forth in such Voting Instruction Card and with paragraph (iii) of this Paragraph 17. If requested by the Company, the Depositary may request that any Holder surrendering ADSs for cancellation, at any time immediately preceding the date of the meetings of shareholders, confirm to the Depositary and the Company that such person has not and will not instruct the Depositary to vote the Deposited Securities evidenced by such Holder's ADSs. Notwithstanding anything contained in the Deposit Agreement or any ADR, the Depositary may, to the extent not prohibited by law, regulations, applicable stock exchange requirements, or the Company's Articles of Association, 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 a means to retrieve or receive such materials upon request (i.e., by reference to a website containing the materials for retrieval or a toll-free number for requesting copies of the materials).

Mailing to Holders. The Company shall send written notice of any meeting of shareholders to the Depositary prior to the relevant meeting in accordance with its Articles of Association and Norwegian law. As soon as practicable after receipt of such notice from the Company and provided the Depositary has timely received such notice, the Depositary shall (i) fix the ADS Record Date in respect of such meeting in accordance with Paragraph 16Section 4.9, and (ii) distribute, at the Company's expense and provided no U.S. legal prohibition exists, to Holders as of the ADS Record Date a notice (the "Notice") containing (A) the information (or a summary thereof in a form prepared by the Company) received by the Depositary in connection with such meeting, including, if applicable, the agenda for the meeting, and (B) a statement that Holders, in their capacity as Beneficial Owners or acting on behalf of one or more named Beneficial Owners, as of the close of business on the ADS Record Date, will be entitled, subject to applicable provisions of Norwegian law and the Company's Articles of Association and to the provisions of the Deposit Agreement and the Deposited Securities, to instruct the Depositary as to the exercise of the voting rights of such Beneficial Owners, if any, pertaining to the Deposited Securities represented by their respective ADSs by completing and returning to the Depositary by the date specified in such Notice either (i) a request for admission (an "Admission Request") enabling such Beneficial Owner of ADSs to gain admission to such meeting in accordance with paragraph (iib) of this Paragraph 17Section 4.10, or (ii) a proxy and voting instruction card (a "Voting Instruction Card") pursuant to which a Holder (acting, as the case may be, as a Beneficial Owner of ADSs or as proxy on behalf of one or more Beneficial Owners of ADSs named in a certification of beneficial ownership) may appoint the Depositary or some other person as proxy with power of substitution to vote at such meeting in accordance with the instructions set forth in such Voting Instruction Card and with paragraph (iiic) of this Paragraph 17Section 4.10. If requested by the Company, the Depositary may request that any Holder surrendering ADSs for cancellation, at any time immediately preceding the date of the meetings of shareholders, confirm to the Depositary and the Company that such person has not and will not instruct the Depositary to vote the Deposited Securities evidenced by such Holder's ADSs. Notwithstanding anything contained in the Deposit Agreement or any ADR, the Depositary may, to the extent not prohibited by law, regulations, applicable stock exchange requirements, or the Company's Articles of Association, 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 a means to retrieve or receive such materials upon request (i.e., by reference to a website containing the materials for retrieval or a toll-free number for requesting copies of the materials).