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Subscribers | 2004 |
W I T N E S S E T H T H a T:
W I T N E S S E T H T H a T: (88K)
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SUPPLEMENTAL AGREEMENT TO DEPOSIT AGREEMENT
SUPPLEMENTAL AGREEMENT TO DEPOSIT AGREEMENT, dated as of January 20, 2004 (this �Agreement�), to the Deposit Agreement (as defined below), by and among Stora Enso Oyj, a company incorporated in the Republic of Finland, and its successors (the �Company�), Deutsche Bank Trust Company Americas, a New York banking corporation and an indirect wholly owned subsidiary of Deutsche Bank AG, in its capacity as the successor depositary (the �Depositary�), and all Holders and Beneficial Owners from time to time of American Depositary Shares evidenced . . .
433202
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Citibank
As referenced in this W I T N E S S E T H T H a T::
Citibank, N.A. – by American Depositary Receipts issued thereunder (as defined in the Deposit Agreement).
W I T N E S S E T H T H A T:
WHEREAS, the Company and Citibank, N.A. (the Predecessor Depositary) entered into the Deposit Agreement, dated as of August 24, 2000 (the Deposit Agreement), for the purposes set forth therein;
WHEREAS, by written notice dated November
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Citibank, N.A. – the terms of the Deposit Agreement and form of Receipts, in accordance with Section 6.1 of the Deposit Agreement, inter alia to reflect the removal by the Company of Citibank, N.A. , in its capacity as the predecessor depositary, and the appointment of Deutsche Bank Trust Company Americas, in its capacity as the successor depositary, in accordance with Section 5.4
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Citibank, N.A. – used herein and defined in the Deposit Agreement are used herein as so defined.
ARTICLE III
AMENDMENTS TO DEPOSIT AGREEMENT
Section 3.01 All references in the Deposit Agreement to Citibank, N.A. are hereby replaced with references to Deutsche Bank Trust Company Americas. All references in the Deposit Agreement to Citibank, N.A. or the Depositary shall be read and construed
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Citibank, N.A. – 3.01 All references in the Deposit Agreement to Citibank, N.A. are hereby replaced with references to Deutsche Bank Trust Company Americas. All references in the Deposit Agreement to Citibank, N.A. or the Depositary shall be read and construed as references to Deutsche Bank Trust Company Americas.
Section 3.02 All references in the Deposit Agreement to the Deposit Agreement
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Citibank, N.A. – and supplemented by this Agreement and as further amended and supplemented from time to time.
Section 3.03 The Deposit Agreement is hereby amended and supplemented by deleting the words Citibank, N.A. , a national banking association organized under the laws of the United States of America from the preamble of the Deposit Agreement, and replacing them with the words Deutsche Bank
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dt 1478538
;
Stora Enso OYJ
As referenced in this W I T N E S S E T H T H a T::
Stora Enso Oyj, – SUPPLEMENTAL AGREEMENT
SUPPLEMENTAL AGREEMENT TO DEPOSIT AGREEMENT
SUPPLEMENTAL AGREEMENT TO DEPOSIT AGREEMENT, dated as of January 20, 2004 (this Agreement), to the Deposit Agreement (as defined below), by and among Stora Enso Oyj, a company incorporated in the Republic of Finland, and its successors (the Company), Deutsche Bank Trust Company Americas, a New York banking corporation and an indirect wholly owned subsidiary
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STORA ENSO OYJ, – 8-
IN WITNESS WHEREOF, the Company and the Depositary have caused this Agreement to be executed by their respective representatives thereunto duly authorized as of the date set forth above.
STORA ENSO OYJ, as the Company
By:__________________________________
Name: Jyrki Kurkinen
Title: General Counsel
By:__________________________________
Name: Timo Laitinen
Title: Senior Manager, Financial Agreements
DEUTSCHE BANK TRUST COMPANY AMERICAS,
as the Depositary
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STORA ENSO Oyj – American Depositary Shares (each American Depositary Share representing one Fully Paid Series R Share, without nominal value)
AMERICAN DEPOSITARY RECEIPT
FOR
AMERICAN DEPOSITARY SHARES
representing
DEPOSITED SERIES R SHARES
of
STORA ENSO Oyj
(Incorporated under the laws of Finland)
DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation and an indirect wholly owned subsidiary of Deutsche Bank AG, as depositary (the
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Stora Enso Oyj, – is the owner of American Depositary Shares (hereinafter ADS), representing deposited Series R Shares, without nominal value, including evidence of rights to receive such Series R Shares (the Shares), of Stora Enso Oyj, a corporation incorporated under the laws of Finland (the Company). As of the date of the Deposit Agreement (as hereinafter defined), each ADS represents one Share deposited under the
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Stora Enso Oyj – of Partial Entitlement American Depositary Shares shall bear the following legend on the face of the Receipt: This Receipt evidences American Depositary Shares representing partial entitlement Series R Shares of Stora Enso Oyj and as such do not entitle the holders thereof to the same per-share entitlement as other Series R Shares (which are full entitlement Series R Shares) issued and outstanding
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dt 1326014
;
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 Citibank
As referenced in this W I T N E S S E T H T H a T::
Citibank, N.A. – by American Depositary Receipts issued thereunder (as defined in the Deposit Agreement).
W I T N E S S E T H T H A T:
WHEREAS, the Company and Citibank, N.A. (the Predecessor Depositary) entered into the Deposit Agreement, dated as of August 24, 2000 (the Deposit Agreement), for the purposes set forth therein;
WHEREAS, by written notice dated November
_____________
Citibank, N.A. – the terms of the Deposit Agreement and form of Receipts, in accordance with Section 6.1 of the Deposit Agreement, inter alia to reflect the removal by the Company of Citibank, N.A. , in its capacity as the predecessor depositary, and the appointment of Deutsche Bank Trust Company Americas, in its capacity as the successor depositary, in accordance with Section 5.4
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Citibank, N.A. – used herein and defined in the Deposit Agreement are used herein as so defined.
ARTICLE III
AMENDMENTS TO DEPOSIT AGREEMENT
Section 3.01 All references in the Deposit Agreement to Citibank, N.A. are hereby replaced with references to Deutsche Bank Trust Company Americas. All references in the Deposit Agreement to Citibank, N.A. or the Depositary shall be read and construed
_____________
Citibank, N.A. – 3.01 All references in the Deposit Agreement to Citibank, N.A. are hereby replaced with references to Deutsche Bank Trust Company Americas. All references in the Deposit Agreement to Citibank, N.A. or the Depositary shall be read and construed as references to Deutsche Bank Trust Company Americas.
Section 3.02 All references in the Deposit Agreement to the Deposit Agreement
_____________
Citibank, N.A. – and supplemented by this Agreement and as further amended and supplemented from time to time.
Section 3.03 The Deposit Agreement is hereby amended and supplemented by deleting the words Citibank, N.A. , a national banking association organized under the laws of the United States of America from the preamble of the Deposit Agreement, and replacing them with the words Deutsche Bank
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dt 1478538
;
DB Trust
As referenced in this W I T N E S S E T H T H a T::
Deutsche Bank Trust Co – 20, 2004 (this Agreement), to the Deposit Agreement (as defined below), by and among Stora Enso Oyj, a company incorporated in the Republic of Finland, and its successors (the Company), Deutsche Bank Trust Co mpany Americas, a New York banking corporation and an indirect wholly owned subsidiary of Deutsche Bank AG, in its capacity as the successor depositary (the Depositary), and all Holders and
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Deutsche Bank Trust Co – the Predecessor Depositary, will be removed as depositary under the Deposit Agreement with effect from the Effective Date (as defined in Section 6.01 herein);
WHEREAS, the Company has appointed Deutsche Bank Trust Co mpany Americas as Depositary in accordance with and subject to the conditions of the Deposit Agreement, as amended and supplemented by this Agreement;
WHEREAS, the Company and the Depositary have
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Deutsche Bank Trust Co – the Depositary have agreed that the Predecessor Depositary shall deliver to the Depositary the information, records, property and cash referred to in Section 5.4 of the Deposit Agreement;
WHEREAS, Deutsche Bank Trust Co mpany Americas has accepted its appointment as Depositary in accordance with and subject to the conditions of the Deposit Agreement, as amended and supplemented by this Agreement;
WHEREAS, the Company
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Deutsche Bank Trust Co – 6.1 of the Deposit Agreement, inter alia to reflect the removal by the Company of Citibank, N.A., in its capacity as the predecessor depositary, and the appointment of Deutsche Bank Trust Co mpany Americas, in its capacity as the successor depositary, in accordance with Section 5.4 of the Deposit Agreement.
NOW, THEREFORE, the Company and the Depositary hereby amend and supplement
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Deutsche Bank Trust Co – used herein as so defined.
ARTICLE III
AMENDMENTS TO DEPOSIT AGREEMENT
Section 3.01 All references in the Deposit Agreement to Citibank, N.A. are hereby replaced with references to Deutsche Bank Trust Co mpany Americas. All references in the Deposit Agreement to Citibank, N.A. or the Depositary shall be read and construed as references to Deutsche Bank Trust Company Americas.
Section 3.
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dt 1390698
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