The Republic also announced that it has entered into an agreement with The Bank of New York Mellon , as depositary ( the " Depositary " ) under the Amended and Restated Deposit Agreement , dated September 10 , 2000 , under which CANTV 's American Depositary Shares are issued ( the " Deposit Agreement " ) pursuant to which the Depositary has agreed , subject to certain amendments to and the termination of the Deposit Agreement described below , to tender into the offer , in the form of ADSs , any and all Class D shares that remain deposited in the ADS facility following the termination of the Deposit Agreement .