Common use of Exclusivity Clause in Contracts

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of depositary receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 7 contracts

Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Sappi LTD), Deposit Agreement (Sappi LTD)

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Exclusivity. Subject to the provisions of Section 5.045.4, the Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 6 contracts

Samples: Deposit Agreement (Commercial International Bank Egypt S a E), Deposit Agreement (Aflease Gold LTD /Fi), Deposit Agreement (Edgars Consolidated Stores LTD)

Exclusivity. Subject to the provisions of Section 5.04, the Company 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.

Appears in 6 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (British Lead Co PLC), Deposit Agreement (Liberty International PLC)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares or receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 6 contracts

Samples: Deposit Agreement (Gas Natural SDG Sa), Deposit Agreement (Gas Natural SDG Sa), Deposit Agreement (Gas Natural SDG Sa)

Exclusivity. Subject to the provisions of Section 5.04, the The Company agrees not to appoint any other depositary for the issuance of depositary receipts Receipts so long as The Bank of New York is acting as Depositary hereunder, subject, however, to the rights of the Company under Section 5.04.

Appears in 6 contracts

Samples: Deposit Agreement (Ica Corp), Deposit Agreement (Tv Azteca Sa De Cv), Deposit Agreement (Pacific Airport Group)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 6 contracts

Samples: Deposit Agreement (China Oilfield Services LTD/Fi), Deposit Agreement (Sanofi-Aventis), Deposit Agreement (Sanofi Synthelabo Sa)

Exclusivity. Subject to the provisions of Section 5.04, the The Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts so long as The Bank of New York is acting as Depositary hereunder, subject, however, to the rights of the Company under Section 5.4.

Appears in 5 contracts

Samples: Deposit Agreement (Brazil Realty Sa Empreendimentos E Participacoes/Adr/), Deposit Agreement (Brazil Realty Sa Empreendimentos E Participacoes/Adr/), Deposit Agreement (Ao Surgutneftegas /Fi)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Shares so long as The Bank of New York is acting as Depositary hereunder.

Appears in 5 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (American Beverage Co Ambev), Deposit Agreement (American Beverage Co Ambev)

Exclusivity. Subject to the provisions of Section 5.04Sections 5.4 and 6.2, the Company 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.

Appears in 4 contracts

Samples: Deposit Agreement (Linktone LTD), Deposit Agreement (O2micro International LTD), Deposit Agreement (Linktone LTD)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts so long as The Bank of New Now York is acting as Depositary hereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Total Sa), Deposit Agreement (Total Sa), Deposit Agreement (Total Sa)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary receipts for the Shares so long as The Bank of New York is acting as Depositary hereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Royal Dutch Shell PLC), Deposit Agreement (Royal Dutch Shell PLC), Deposit Agreement (Royal Dutch Shell PLC)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of depositary receipts Receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 3 contracts

Samples: Deposit Agreement (France Telecom /), Deposit Agreement (France Telecom /), Deposit Agreement (France Telecom /)

Exclusivity. Subject to the provisions of Section 5.04, the Company 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.

Appears in 3 contracts

Samples: Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa), Deposit Agreement (Genesys Sa)

Exclusivity. Subject to the provisions of Section 5.04, the Company Issuer agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts issued pursuant to this Deposit Agreement so long as The Bank of New York is acting as Depositary hereunder.

Appears in 2 contracts

Samples: Deposit Agreement (Flamel Technologies Sa), Deposit Agreement (Activcard Sa)

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Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of depositary receipts so long as The Bank of New York Mellon is acting as Depositary hereunder.

Appears in 2 contracts

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

Exclusivity. Subject to the provisions of Section 5.04, the The Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts so long as The Bank of New York is acting as Depositary hereunder, provided, however, that the Company may appoint a successor depositary pursuant to Section 5.04.

Appears in 2 contracts

Samples: Deposit Agreement (Abbey National PLC), Deposit Agreement (Abbey National PLC)

Exclusivity. Subject to the provisions of Section 5.045.04 hereof, the Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 2 contracts

Samples: Deposit Agreement (Windflow Technology LTD), Deposit Agreement (Frontline LTD /)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary receipts so long as The Bank of New York Mellon is acting as Depositary hereunder.

Appears in 1 contract

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

Exclusivity. Subject to the provisions of Section 5.045.04 hereof, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares or receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (Lupus Capital PLC)

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of American or global depositary shares or receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (White Energy Co LTD)

Exclusivity. Subject to the provisions of Section 5.04, the The Company agrees not to appoint any other depositary for issuance of depositary receipts American Depositary Receipts so long as The Bank of New York is acting as Depositary hereunder., subject, however, to the rights of the Company under Section 5.4. Section 5.12

Appears in 1 contract

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

Exclusivity. Subject to the provisions of Section 5.04, the Company agrees not to appoint any other depositary for issuance of depositary receipts ReceiptsAmerican Depositary Shares so long as The Bank of New York is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (Edap TMS Sa)

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