As referenced in this Deposit Agreement:
BANK OF NEW YORK
– lt;TYPE>EX-4.1
<SEQUENCE>2
<FILENAME>0002.txt
<DESCRIPTION>DEPOSIT AGREEMENT
<TEXT>
[Execution Copy]
INFICON HOLDING AG
and
THE BANK OF NEW YORK
As Depositary
and
OWNERS AND BENEFICIAL OWNERS OF
AMERICAN DEPOSITARY RECEIPTS
Deposit Agreement
Dated as of November 8, 2000
<PAGE>
TABLE OF CONTENTS
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Page
PARTIES ......................................................................1
RECITALS ......................................................................
_____________
BANK
OF NEW YORK, – Receipt
-iii-
<PAGE>
DEPOSIT AGREEMENT
DEPOSIT AGREEMENT dated as of November 8, 2000 among INFICON HOLDING AG,
incorporated under the laws of Switzerland (herein called the Company), 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.
W I T N
_____________
Bank of New York, – may be amended from time to time in
accordance with the provisions hereof.
-2-
<PAGE>
SECTION 1.08. Depositary; Corporate Trust Office. The term "Depositary"
shall mean The Bank of New York, a New York banking corporation, and any
successor as depositary hereunder. The term "Corporate Trust Office", when used
with respect to the Depositary, shall mean the office of the
_____________
Bank of
New York – papers be retained for a longer period.
SECTION 5.11. Exclusivity. The Company agrees not to appoint any other
depositary for issuance of American depositary receipts so long as The Bank of
New York is acting as Depositary hereunder.
SECTION 5.12. List of Restricted Securities Owners. The Company shall
provide to the Depositary a list setting forth, to the actual knowledge of the
_____________
Bank of New York, – shall be deemed to
have been duly given if in English and personally delivered or sent by mail or
cable, telex or facsimile transmission confirmed by letter, addressed to The
Bank of New York, 101 Barclay Street, New York, New York 10286, Attention:
American Depositary Receipt Administration, Facsimile: (212) 571-3050, or any
other place to
-29-
<PAGE>
which the Depositary
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dt 1725644