|
|
|
|
Document Preview Deposit Agreement |
||||
|
|
||||
|
Click "Add to Cart" button to purchase document. |
||||
|
|
||||
|
Title: |
Deposit Agreement |
|||
|
Entities: |
||||
|
Date: |
2007 |
|||
|
Size: |
Preview shows 35KB of 92KB total |
|||
|
Price: |
$41 |
|||
|
ID: |
#2693850 |
|||
|
|
||||
|
||||
|
|
||||
|
Start of Preview |
||||
====================================================
GOLD FIELDS LIMITED
AND
THE BANK OF NEW YORK
As Depositary
AND
OWNERS AND BENEFICIAL OWNERS OF
AMERICAN DEPOSITARY RECEIPTS
Deposit Agreement
Dated as of February 2, 1998
As Amended and Restated as of May 21, 2002
====================================================
TABLE OF CONTENTS
SECTION 1.1
AMERICAN DEPOSITARY SHARES.
SECTION 1.2
ARTICLE; SECTION.
SECTION 1.3
BENEFICIAL OWNER.
SECTION 1.4
COMMISSION.
SECTION 1.5
CUSTODIAN.
SECTION 1.6
DELIVERY; DEPOSIT; SURRENDER; TRANSFER; WITHDRAW.
SECTION 1.7
DEPOSIT AGREEMENT.
SECTION 1.8
DEPOSITARY; CORPORATE TRUST OFFICE.
SECTION 1.9
DEPOSITED SECURITIES.
SECTION 1.10
DOLLARS; CENT; RAND.
SECTION 1.11
FOREIGN CURRENCY.
SECTION 1.12
FOREIGN REGISTRAR.
SECTION 1.13
ISSUER.
SECTION 1.14
OWNER.
SECTION 1.15
RECEIPTS.
SECTION 1.16
REGISTRAR.
SECTION 1.17
RESTRICTED SECURITIES.
SECTION 1.18
SECURITIES ACT OF 1933.
SECTION 1.19
SHARES.
ARTICLE 2.
FORM OF RECEIPTS, DEPOSIT OF SHARES, EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS.
SECTION 2.1
FORM AND TRANSFERABILITY OF RECEIPTS.
SECTION 2.2
DEPOSIT OF SHARES.
SECTION 2.3
EXECUTION AND DELIVERY OF RECEIPTS.
SECTION 2.4
TRANSFER OF RECEIPTS; COMBINATION AND SPLIT-UP OF RECEIPTS.
SECTION 2.5
SURRENDER OF RECEIPTS AND WITHDRAWAL OF SHARES.
SECTION 2.6
LIMITATIONS ON EXECUTION AND DELIVERY, TRANSFER AND SURRENDER OF RECEIPTS.
SECTION 2.7
LOST RECEIPTS, ETC.
SECTION 2.8
CANCELLATION AND DESTRUCTION OF SURRENDERED RECEIPTS.
SECTION 2.9
PRE-RELEASE.
SECTION 2.10
MAINTENANCE OF RECORDS.
ARTICLE 3.
CERTAIN OBLIGATIONS OF OWNERS OF RECEIPTS.
SECTION 3.1
FILING PROOFS, CERTIFICATES AND OTHER INFORMATION.
SECTION 3.2
LIABILITY OF OWNER FOR TAXES.
SECTION 3.3
WARRANTIES ON DEPOSIT OF SHARES.
ARTICLE 4.
THE DEPOSITED SECURITIES.
SECTION 4.1
CASH DISTRIBUTIONS.
SECTION 4.2
DISTRIBUTIONS OTHER THAN CASH, SHARES OR RIGHTS.
SECTION 4.3
DISTRIBUTIONS IN SHARES.
SECTION 4.4
RIGHTS.
SECTION 4.5
CONVERSION OF FOREIGN CURRENCY.
SECTION 4.6
FIXING OF RECORD DATE.
SECTION 4.7
VOTING OF DEPOSITED SECURITIES.
SECTION 4.8
CHANGES AFFECTING DEPOSITED SECURITIES.
SECTION 4.9
REPORTS.
SECTION 4.10
LISTS OF OWNERS.
SECTION 4.11
WITHHOLDING.
ARTICLE 5.
THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER.
SECTION 5.1
MAINTENANCE OF OFFICE AND TRANSFER BOOKS BY THE DEPOSITARY.
SECTION 5.2
PREVENTION OR DELAY IN PERFORMANCE BY THE DEPOSITARY OR THE ISSUER.
SECTION 5.3
OBLIGATIONS OF THE DEPOSITARY, THE CUSTODIAN AND THE ISSUER.
SECTION 5.4
RESIGNATION AND REMOVAL OF THE DEPOSITARY.
SECTION 5.5
THE CUSTODIANS.
SECTION 5.6
NOTICES AND REPORTS.
SECTION 5.7
DISTRIBUTION OF ADDITIONAL SHARES, RIGHTS, ETC.
SECTION 5.8
INDEMNIFICATION.
SECTION 5.9
CHARGES OF DEPOSITARY.
SECTION 5.10
RETENTION OF DEPOSITARY DOCUMENTS.
SECTION 5.11
EXCLUSIVITY.
SECTION 5.12
LIST OF RESTRICTED SECURITIES OWNERS.
ARTICLE 6.
AMENDMENT AND TERMINATION.
SECTION 6.1
AMENDMENT.
SECTION 6.2
TERMINATION.
ARTICLE 7.
MISCELLANEOUS.
SECTION 7.1
COUNTERPARTS.
SECTION 7.2
NO THIRD PARTY BENEFICIARIES.
SECTION 7.3
SEVERABILITY.
SECTION 7.4
OWNERS AND BENEFICIAL OWNERS AS PARTIES; BINDING EFFECT.
SECTION 7.5
NOTICES.
SECTION 7.6
GOVERNING LAW.
SECTION 7.7
COMPLIANCE WITH U.S. SECURITIES LAWS.
DEPOSIT AGREEMENT
DEPOSIT AGREEMENT dated as of February 2, 1998, as amended and restated as of May 21, 2002, among GOLD FIELDS LIMITED, incorporated under the laws of The Republic of South Africa (herein called the Issuer), THE BANK OF NEW YORK, a New York banking corporation (herein called the Depositary), and all Owners and Beneficial Owners from time to time of American Depositary Receipts issued hereunder.
|
End of Preview |
Home Intelligence Services Subscriptions News About Us