Common use of Exclusivity Clause in Contracts

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

Appears in 454 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company's rights under Section 5.04 of this Deposit Agreement.

Appears in 37 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

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Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments (for the avoidance of doubt, other than instruments or securities issued directly by the Company) so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

Appears in 28 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Genfit S.A.), Deposit Agreement (Nano Dimension Ltd./Adr)

Exclusivity. Without prejudice Subject to the Company’s rights under Section 5.4Sections 5.04 and 6.02, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 22 contracts

Samples: Deposit Agreement (Jumei International Holding LTD), Deposit Agreement (MOL Global, Inc.), Deposit Agreement (LightInTheBox Holding Co., Ltd.)

Exclusivity. Without prejudice Subject to the Company’s rights of the Company under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 16 contracts

Samples: Deposit Agreement (Brasil Telecom Sa), Deposit Agreement (Coari Holding Co), Deposit Agreement (Brasil Telecom Sa)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company’s rights under Section 5.04 of this Deposit Agreement.

Appears in 14 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Nkwe Platinum LTD), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights right to remove the Depositary under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 13 contracts

Samples: Deposit Agreement (Petrobras - Petroleo Brasileiro Sa), Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), Deposit Agreement (Petrobras - Petroleo Brasileiro Sa)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments (for the avoidance of doubt, other than instruments or securities issued directly by the Company) in the United States so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

Appears in 12 contracts

Samples: Deposit Agreement (Erytech Pharma S.A.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice Subject to the Company’s rights under provisions of Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 9 contracts

Samples: Deposit Agreement (Sequans Communications), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Ambev S.A.)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company's rights under this Deposit AgreementSection 5.04.

Appears in 9 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however, to the rights of the Company under this Deposit Agreement.Section 5.04. SECTION 5.12

Appears in 6 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 6 contracts

Samples: Deposit Agreement (Fresenius Medical Care AG & Co. KGaA), Deposit Agreement (Anheuser-Busch InBev SA/NV), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company’s rights under this Deposit AgreementSection 5.04.

Appears in 5 contracts

Samples: Deposit Agreement (Sundance Energy Australia LTD), Deposit Agreement (Nighthawk Energy PLC), Deposit Agreement (Benitec Biopharma LTD/ADR)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however, to the rights of the Company under this Deposit AgreementSection 5.04.

Appears in 5 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments American Depositary Receipts so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however, to the rights of the Company under this Deposit AgreementSection 5.04.

Appears in 5 contracts

Samples: Deposit Agreement (Vivo Participacoes S.A.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice Subject to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 5 contracts

Samples: Deposit Agreement (VimpelCom Ltd.), Deposit Agreement (VimpelCom Ltd.), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.. ARTICLE 6AMENDMENT AND TERMINATION

Appears in 4 contracts

Samples: Deposit Agreement (Tfi Tab Gida Yatirimlari A.S.), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.45.04 of this Deposit Agreement, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments American Depositary Receipts evidencing American Depositary Shares so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Andina Bottling Co Inc), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Andina Bottling Co Inc)

Exclusivity. Without prejudice Subject to the Company’s rights under Section 5.4Sections 5.04 and 6.02, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Sunity Online Entertainment LTD), Deposit Agreement (E-Commerce China Dangdang Inc.), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice Subject to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (BiondVax Pharmaceuticals Ltd.)

Exclusivity. Without prejudice to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Fresenius Medical Care AG & Co. KGaA), Deposit Agreement (Fresenius Medical Care AG & Co. KGaA), Deposit Agreement (Fresenius Medical Care AG & Co. KGaA)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject however to the rights of the Company under this Deposit AgreementSection 5.04 hereof.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however to the rights of the Company under this Deposit AgreementSection 5.4 hereof.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for the issuance of depositary shares, depositary receipts or any similar securities or instruments American Depositary Shares so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however, to the rights of the Company under this Deposit AgreementSection 5.04.

Appears in 3 contracts

Samples: Deposit Agreement (America Movil Sa De Cv/), Deposit Agreement (America Movil Sa De Cv/), Deposit Agreement (Central North Airport Group)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Criteo S.A.)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company’s rights under Section 5.4 of this Deposit Agreement.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice Subject to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Gulf Keystone Petroleum LTD)

Exclusivity. Without prejudice The Company agrees, subject to the Company’s its rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of depositary shares, American or global depositary receipts or any similar securities or instruments shares so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company’s rights under this Deposit Agreement.Section 5.04. SECTION 5.12

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice and in all cases subject to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 2 contracts

Samples: Deposit Agreement (Tenaris Sa), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4Sections 5.4 and 6.2 , the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (TC BioPharm (Holdings) LTD)

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Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.hereunder other than a successor depositary as provided in Section 5.04. SECTION 5.12

Appears in 2 contracts

Samples: Deposit Agreement (Norse Energy Corp. ASA), Deposit Agreement (Andes Energia PLC)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments American Depositary Receipts so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however to the rights of the Company under this Deposit AgreementSection 5.4 hereof.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (MTN Group LTD/Adr)

Exclusivity. Without prejudice Subject to the Company’s rights under terms and conditions of Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 2 contracts

Samples: Deposit Agreement (China Hydroelectric Corp), Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments American Depositary Shares so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however, to the rights of the Company under this Deposit AgreementSection 5.04.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company’s rights under this Deposit AgreementSection 5.4.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the Company's rights under this Deposit Agreement.Section 5.04. SECTION 5.12

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice prejudice, and in all cases subject to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American Depositary Shares or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary Depositary, subject to the Company’s rights under Section 5.4 of this Deposit Agreement.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder subject to the Company’s rights under Section 5.4 of this Deposit Agreement.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice and in all cases subject to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of depositary shares, American depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 1 contract

Samples: Deposit Agreement (Ternium S.A.)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder subject, however, to the rights of the Company under this Deposit Agreement.Section 5.04. SECTION 5.12

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts Certificates or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice prejudice, and in all cases subject to the Company’s rights under Section 5.45.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.. ​

Appears in 1 contract

Samples: Deposit Agreement (Cloopen Group Holding LTD)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject to the rights of the Company under Section 5.4 of this Deposit Agreement.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice Subject to the Company’s rights under Section 5.45.04 hereof, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments American Depositary Receipts so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder subject, however, to the rights of the Company under this Deposit AgreementSection 5.04.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Exclusivity. Without prejudice to the Company’s rights under Section 5.4, the The Company agrees not to appoint any other depositary for issuance of American or global depositary shares, depositary shares or receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary hereunder, subject however to the rights of the Company under this Deposit AgreementSection 5.4 hereof.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

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