National Grid 2008 Annual Report Download - page 68

BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 46671
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: 37
Description: EXHIBIT 2(A)
0/2436.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/436/2*
BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 46671
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: 37 Description: EXHIBIT 2(A)
0/2436.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/436/2*
SECTION 5.11. Exclusivity.
The Issuer 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.
From time to time, the Issuer shall provide to the Depositary a list setting forth, to the actual knowledge of the Issuer, those persons or
entities who beneficially own Restricted Securities and the Issuer shall update that list on a regular basis. The Issuer agrees to advise in writing
each of the persons or entities so listed that such Restricted Securities are ineligible for deposit hereunder. The Depositary may rely on such a
list or update but shall not be liable for any action or omission made in reliance thereon.
SECTION 6.1. Amendment.
The form of the Receipts and any provisions of this Deposit Agreement may at any time and from time to time be amended by agreement
between the Issuer and the Depositary without the consent of Owners or Beneficial Owners of Receipts in any respect which they may deem
necessary or desirable. Any amendment which shall impose or increase any fees or charges (other than taxes and other governmental charges,
registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses), or which shall otherwise prejudice any
substantial existing right of Owners (other than the modification of voting procedures as provided in Section 4.7 hereof), shall, however, not
become effective as to outstanding Receipts until the expiration of thirty days after notice of such amendment shall have been given to the
Owners of outstanding Receipts. Every Owner at the time any amendment so becomes effective shall be deemed, by continuing to hold such
Receipt, to consent and agree to such amendment and to be bound by the Deposit Agreement as amended thereby. In no event shall any
amendment impair the right of the Owner of any Receipt to surrender such Receipt and receive therefor the Deposited Securities represented
thereby, except in order to comply with mandatory provisions of applicable law.
ARTICLE 6. AMENDMENT AND TERMINATION.