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Title: |
Deposit Agreement |
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Entities: |
Home Inns & Hotels Management Inc.; Nasdaq Stock Market Inc. |
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Date: |
2006 |
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Size: |
Preview shows 36KB of 158KB total |
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Price: |
$69 |
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ID: |
#2569514 |
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Start of Preview |
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HOME INNS & HOTELS MANAGEMENT INC.
AND
THE BANK OF NEW YORK
as Depositary
AND
OWNERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY SHARES
Deposit Agreement
Dated as of , 2006
TABLE OF CONTENTS
|
ARTICLE 1. |
DEFINITIONS. | 1 | ||
|
SECTION 1.1 |
American Depositary Shares. |
1 | ||
|
SECTION 1.2 |
Article; Section. |
2 | ||
|
SECTION 1.3 |
Beneficial Owner. |
2 | ||
|
SECTION 1.4 |
Commission. |
2 | ||
|
SECTION 1.5 |
Company. |
2 | ||
|
SECTION 1.6 |
Custodian. |
2 | ||
|
SECTION 1.7 |
deposit, deliver, execute, issue, register, surrender, transfer, withdraw or cancel. |
2 | ||
|
SECTION 1.8 |
Deposit Agreement. |
3 | ||
|
SECTION 1.9 |
Depositary; Corporate Trust Office. |
3 | ||
|
SECTION 1.10 |
Deposited Securities. |
3 | ||
|
SECTION 1.11 |
Dollars. |
3 | ||
|
SECTION 1.12 |
Foreign Registrar. |
3 | ||
|
SECTION 1.13 |
Owner. |
3 | ||
|
SECTION 1.14 |
Receipts. |
3 | ||
|
SECTION 1.15 |
Registrar. |
4 | ||
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SECTION 1.16 |
Restricted Securities. |
4 | ||
|
SECTION 1.17 |
Securities Act. |
4 | ||
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SECTION 1.18 |
Shares. |
4 | ||
|
ARTICLE 2. |
FORM OF RECEIPTS, DEPOSIT OF SHARES, EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS. | 4 | ||
|
SECTION 2.1 |
Form and Transferability of Receipts. |
4 | ||
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SECTION 2.2 |
Deposit of Shares. |
5 | ||
|
SECTION 2.3 |
Execution and Delivery of Receipts. |
6 | ||
|
SECTION 2.4 |
Transfer of Receipts; Combination and Split-up of Receipts. |
7 | ||
|
SECTION 2.5 |
Surrender of Receipts and Withdrawal of Shares. |
8 | ||
|
SECTION 2.6 |
Limitations on Execution and Delivery, Transfer and Surrender of Receipts. |
9 | ||
|
SECTION 2.7 |
Lost Receipts, etc. |
10 | ||
|
SECTION 2.8 |
Cancellation and Destruction of Surrendered Receipts. |
10 | ||
|
SECTION 2.9 |
Pre-Release of Receipts. |
10 | ||
- i -
|
ARTICLE 3. |
CERTAIN OBLIGATIONS OF OWNERS AND BENEFICIAL OWNERS OF RECEIPTS. | 12 | ||
|
SECTION 3.1 |
Filing Proofs, Certificates and Other Information. |
12 | ||
|
SECTION 3.2 |
Liability of Owner for Taxes. |
12 | ||
|
SECTION 3.3 |
Warranties on Deposit of Shares. |
12 | ||
|
ARTICLE 4. |
THE DEPOSITED SECURITIES. | 13 | ||
|
SECTION 4.1 |
Cash Distributions. |
13 | ||
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SECTION 4.2 |
Distributions Other Than Cash, Shares or Rights. |
13 | ||
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SECTION 4.3 |
Distributions in Shares. |
14 | ||
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SECTION 4.4 |
Rights. |
14 | ||
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SECTION 4.5 |
Conversion of Foreign Currency. |
16 | ||
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SECTION 4.6 |
Fixing of Record Date. |
17 | ||
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SECTION 4.7 |
Voting of Deposited Securities. |
17 | ||
|
SECTION 4.8 |
Changes Affecting Deposited Securities. |
18 | ||
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SECTION 4.9 |
Reports. |
18 | ||
|
SECTION 4.10 |
Lists of Owners. |
19 | ||
|
SECTION 4.11 |
Withholding. |
19 | ||
|
ARTICLE 5. |
THE DEPOSITARY, THE CUSTODIANS AND THE COMPANY. | 19 | ||
|
SECTION 5.1 |
Maintenance of Office and Transfer Books by the Depositary. |
19 | ||
|
SECTION 5.2 |
Prevention or Delay in Performance by the Depositary or Company. |
20 | ||
|
SECTION 5.3 |
Obligations of the Depositary, the Custodian and the Company. |
21 | ||
|
SECTION 5.4 |
Resignation and Removal of the Depositary. |
21 | ||
|
SECTION 5.5 |
The Custodians. |
22 | ||
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SECTION 5.6 |
Notices and Reports. |
23 | ||
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SECTION 5.7 |
Distribution of Additional Shares, Rights, etc. |
23 | ||
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SECTION 5.8 |
Indemnification. |
24 | ||
|
SECTION 5.9 |
Charges of Depositary. |
25 | ||
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SECTION 5.10 |
Retention of Depositary Documents. |
26 | ||
|
SECTION 5.11 |
Exclusivity. |
26 | ||
|
SECTION 5.12 |
List of Restricted Securities Owners. |
26 | ||
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ARTICLE 6. |
AMENDMENT AND TERMINATION. | 27 | ||
|
SECTION 6.1 |
Amendment. |
27 | ||
|
SECTION 6.2 |
Termination. |
27 | ||
- ii -
|
ARTICLE 7. |
MISCELLANEOUS. | 28 | ||
|
SECTION 7.1 |
Counterparts. |
28 | ||
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SECTION 7.2 |
No Third Party Beneficiaries. |
28 | ||
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SECTION 7.3 |
Severability. |
28 | ||
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SECTION 7.4 |
Owners and Beneficial Owners as Parties; Binding Effect. |
29 | ||
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SECTION 7.5 |
Notices. |
29 | ||
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SECTION 7.6 |
Governing Law. |
29 | ||
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SECTION 7.7 |
Compliance with U.S. Securities Laws. |
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End of Preview |
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