National Grid 2008 Annual Report Download - page 35

BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 53259
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-2.A, Doc: 2, Page: 4
Description: EXHIBIT 2(A)
0/2403.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/403/2*
BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 53259
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-2.A, Doc: 2, Page: 4 Description: EXHIBIT 2(A)
0/2403.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/403/2*
SECTION 1.4. Commission.
The term “Commission” shall mean the Securities and Exchange Commission of the United States or any successor governmental
agency in the United States.
SECTION 1.5. Consultation.
The term “consultation” shall include within its meaning the good faith attempt by the Depositary to discuss, if practicable, the relevant
issue in a timely manner with a person employed by the Issuer reasonably believed by the Depositary to be empowered by the Issuer to engage
in such discussion on behalf of the Issuer.
SECTION 1.6. Custodian.
The term “Custodian” shall mean the London, England office of The Bank of New York, as agent of the Depositary for the purposes o
f
this Deposit Agreement, and any other firm or corporation which may hereafter be appointed by the Depositary pursuant to the terms o
f
Section 5.5, as substitute or additional custodian or custodians hereunder, as the context shall require and shall also mean all of them
collectively.
SECTION 1.7. Deposit Agreement.
The term “Deposit Agreement” shall mean this amended and restated Deposit Agreement, as the same may be amended from time to
time in accordance with the provisions hereof and all instruments supplemental thereto.
SECTION 1.8. 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 Depositary which at the date of this
Agreement is 101 Barclay Street, New York, New York, 10286.
SECTION 1.9. Deposited Securities.
The term “Deposited Securities” as of any time shall mean Shares at such time deposited or deemed to be deposited under this Deposit
Agreement and any and all other securities, property and cash received by the Depositary or the Custodian in respect