All amendments shall be filed with the Depositary; but, if in the judgment of the Committee, which shall be conclusive and binding, any such amendment shall materially affect the rights of holders of certificates of deposit, notice of such filing shall be given to all Depositors by mailing, postage prepaid, to the address of the Depositor appearing on the books of the Depositary, or by publication twice in each week for two successive weeks in such two newspapers of general circulation published, one, in the................and the other in the
................, as the Committee shall select. Any holder of a certificate of deposit may at any time within two weeks after the mailing or the first publication of such notice, subject to the conditions of Article Fourth relating to the right of withdrawal and upon the surrender of his certificate of deposit properly endorsed in blank to the Depositary, withdraw from this agreement, and thereupon he shall be entitled to receive securities of the class deposited by him and described in his certificate of deposit to the amount represented by his certificate of deposit. Holders of certificates of deposit so withdrawing shall, upon such withdrawal, without any further act, be fully relieved from the obligations of this agreement, and shall cease to have any rights hereunder. Holders of certificates of deposit who do not so withdraw within said period of two weeks shall be conclusively and finally deemed for all purposes irrevocably bound and concluded by all such amendments, and whether or not they received actual notice of such amendments or of the filing thereof.
32. If for any reason the Committee shall consider it expedient at any time to terminate this agreement it may do so, giving like notice of its election so to do as hereinbefore provided in respect of the amendment of this agreement. In the event of such termination of this agreement, holders of certificates of deposit shall, upon making the payments required by Article Fourth in case of the exercise of the right of withdrawal, and on surrender of their certificates of deposit properly endorsed in blank to the Depositary, be entitled to the delivery of securities of the class deposited by them and described in the certificate of deposit to the amount represented by their certificates of deposit.
33. Upon the termination of this agreement, either by the election of the Committee as aforesaid or upon the accomplishment of the purposes thereof and after the payment in full of the compensation and expenses of the Committee and also of all of its indebtedness, obligations and liabilities, the money or other property acquired by or on behalf of the Committee and not previously or simultaneously sold, contracted to be sold or otherwise disposed of by the Committee, shall be distributed among the holders of the outstanding certificates of deposit issued under this agreement in accordance with such reasonable regulations as the Committee may prescribe and upon surrender to the Depositary of their respective certificates of deposit properly endorsed in blank.
34. The Committee shall keep books of account of its receipts and disbursements, and a record of its proceedings, and upon the termination of its duties, its accounts, including the account of its expenses and disbursements, or a duplicate thereof shall be filed with the Depositary hereunder, and thereupon the Committee shall be discharged from all its duties and obligations. The Committee may thereupon give notice of the filing thereof by mailing or by publication as provided herein with reference to amendments to this agreement. Unless legal proceedings impeaching the correctness of such accounts shall be duly commenced within thirty days after the date of mailing or of the last publication of such notice, such statement of accounts as against all parties interested therein shall be conclusively presumed to be in all respects correct.
35. Holders of certificates of deposit by the receipt of any shares of stock, securities, cash or other property distributed by the Committee and the surrender of their certificates of deposit, shall be conclusively deemed to have released and discharged the Committee and the Depositary from all liability and accountability of every kind, character and description whatsoever.
36. No enumeration of special powers by any of the provisions of this agreement shall be construed to limit any grant of general powers contained in or conferred by any of the provisions hereof or to restrict the Committee to a method or plan of dealing with the property and assets of the Company.
37. The Committee, by the execution and delivery of this agreement, is not under any obligation, legal or equitable, expressed or implied, to any holder of securities who shall not deposit the same hereunder, nor to any person whomsoever other than the holders of certificates of deposit issued in accordance with the terms of this agreement.
38. This agreement may be executed in as many counterparts as desired, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument.
39. This agreement and all the provisions thereof shall extend to and be obligatory upon the parties hereto, and their and each of their heirs, executors, administrators, successors, successors in office and assigns respectively.
40. Whatever shall be done under this agreement shall be subject to the stipulations herein contained for the proportionate benefit and advantage of the Depositors according to the amount of said securities held by them respectively.
In Witness Whereof, the parties hereto have duly executed this instrument the day and year first above written.