Common use of Exclusivity Clause in Contracts

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.

Appears in 149 contracts

Samples: Deposit Agreement (Mitsubishi Ufj Financial Group Inc), Deposit Agreement (Alumina LTD), Deposit Agreement (Minebea Co LTD /Fi)

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Exclusivity. The Issuer 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 85 contracts

Samples: Deposit Agreement (Buenaventura Mining Co Inc), Deposit Agreement (Basf Aktiengesellschaft), Deposit Agreement (Shin Corp Public Co LTD /Fi)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts so long as The Bank of New York Mellon is acting as Depositary hereunder.

Appears in 20 contracts

Samples: Deposit Agreement (James Hardie Industries Se), Deposit Agreement (The9 LTD), Deposit Agreement (James Hardie Industries Se)

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 hereunderhereunder subject to the Issuer's rights under Section 5.4 of this Deposit Agreement.

Appears in 12 contracts

Samples: Deposit Agreement (Enviromission LTD), Deposit Agreement (Millepede International LTD), Deposit Agreement (Quantum Energy LTD)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts or global depositary shares or receipts so long as The Bank of New York Mellon is acting as Depositary hereunder.

Appears in 7 contracts

Samples: Deposit Agreement (Irsa Propiedades Comerciales S.A.), Deposit Agreement (Irsa Propiedades Comerciales S.A.), Deposit Agreement (Irsa Propiedades Comerciales S.A.)

Exclusivity. The Subject to Section 5.4, 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.

Appears in 7 contracts

Samples: Deposit Agreement (Psiron LTD), Deposit Agreement (Shanda Interactive Entertainment LTD), Deposit Agreement (Shanda Interactive Entertainment LTD)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts so long as The Deutsche Bank of New York Trust Company Americas is acting as Depositary hereunder.

Appears in 5 contracts

Samples: Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group), Deposit Agreement (Deutsche Bank Trust Co Americas/ ADR Group)

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

Appears in 5 contracts

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

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

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. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts so long as The Bank of New York JPMorgan Chase Bank, N.A. is acting as Depositary hereunder.

Appears in 3 contracts

Samples: Deposit Agreement (United Utilities PLC), Deposit Agreement (United Utilities PLC), Deposit Agreement (United Utilities Group PLC)

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.

Appears in 3 contracts

Samples: Deposit Agreement (Six Flags Inc), Deposit Agreement (Six Flags Inc), Deposit Agreement (Premier Parks Inc)

Exclusivity. The Subject to Section 5.4 hereof, the Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts so long as The Bank of New York Mellon is acting as Depositary hereunder.

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. The Subject to the provisions of Section 5.4, the Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts issued pursuant to this Deposit Agreement so long as The Bank of New York is acting as Depositary hereunder.

Appears in 3 contracts

Samples: Deposit Agreement (Business Objects Sa), Deposit Agreement (Business Objects S.A.), Deposit Agreement (Business Objects Sa)

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, subject, however, to the rights of the Issuer under Section 5.4.

Appears in 3 contracts

Samples: Deposit Agreement (Acom Co LTD /Fi), Deposit Agreement (Acom Co LTD /Fi), Deposit Agreement (Acom Co LTD /Fi)

Exclusivity. The Subject to the rights of the Issuer under Section 5.4, 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.

Appears in 3 contracts

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

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 hereunderhereunder other than a successor depositary as provided in Section 5.4 hereof.

Appears in 2 contracts

Samples: Deposit Agreement (Lihir Gold LTD), Deposit Agreement (Lihir Gold LTD)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts issued pursuant to this Deposit Agreement 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. The Subject to Section 5.4 hereof, 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.

Appears in 2 contracts

Samples: Deposit Agreement (Nice Systems LTD), Deposit Agreement (Delta Galil Industries LTD)

Exclusivity. The Issuer Bank 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, provided that this shall not affect the right of the Bank to remove the Depositary pursuant to Section 5.04.

Appears in 2 contracts

Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Banco Bilbao Vizcaya Argentaria, S.A.)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts in respect of the Deposited Securities so long as The Bank of New York is acting as Depositary hereunder.

Appears in 2 contracts

Samples: Deposit Agreement (Mexican Economic Development Inc), Deposit Agreement (Mexican Economic Development Inc)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Shares or Receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 2 contracts

Samples: Deposit Agreement (Teva Pharmaceutical Industries LTD), Deposit Agreement (Bancolombia Sa)

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, subject, however, to the rights of the Issuer under Section 5.04.

Appears in 1 contract

Samples: Deposit Agreement (National Bank of Greece Sa)

Exclusivity. The Subject to Section 5.4 of this Amended and Restated Deposit Agreement, 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.

Appears in 1 contract

Samples: Deposit Agreement (Swisscom Ag)

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Exclusivity. The Subject to the Section 5.4 hereof, 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.

Appears in 1 contract

Samples: Deposit Agreement (Spirent Communications PLC)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Global Depositary Receipts so long as The Bank of New York is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (Comercial Mexican Holding /Adr)

Exclusivity. The Subject to the provisions of Section 5.4, 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.

Appears in 1 contract

Samples: Deposit Agreement (Kabuskiki Kaisha Jyupitaterekomu)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts for Shares so long as The Bank of New York is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (Allied Irish Banks PLC)

Exclusivity. The Issuer agrees not to appoint 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 1 contract

Samples: Deposit Agreement (Cosco Investment Singapore LTD/ /Fi)

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., subject, however, to the rights of the Issuer under Section 5.4..

Appears in 1 contract

Samples: Deposit Agreement (Brisa-Auto-Estradas De Portugal S.A.)

Exclusivity. The Subject to Section 5.04 hereof, 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.

Appears in 1 contract

Samples: Deposit Agreement (Blue Square Israel LTD /Adr/)

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, other than a successor depositary as provided in Section 5.04 hereof.

Appears in 1 contract

Samples: Deposit Agreement (Qrsciences Holdings LTD)

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 hereunderhereunder subject to the Issuer’s rights under Section 5.4 of this Deposit Agreement.

Appears in 1 contract

Samples: Deposit Agreement (Cell Acuaculture LTD)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts or global depositary Units or receipts so long as The Bank of New York Mellon is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (First Ship Lease Trust)

Exclusivity. The Issuer agrees not to appoint ap­point any other depositary deposi­tary for issuance of American Depositary Receipts so long as The Bank of New York Mellon is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (Anglo Irish Bank Corp PLC /Fi)

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; provided, however, that the Depositary agrees to use its best efforts to assist and cooperate with the Issuer in making the transition from Depositary to another depositary in the event this Agreement is terminated by either party and the Issuer decides to continue to make American Depositary Receipts available to holders of Ordinary shares.

Appears in 1 contract

Samples: Deposit Agreement (Micro Focus Group Public Limited Company)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts (as defined herein) so long as The Bank of New York is acting as Depositary hereunder.

Appears in 1 contract

Samples: Deposit Agreement (Group Simec Sa De Cv)

Exclusivity. The Issuer agrees not to appoint any other depositary for issuance of American Depositary Receipts in respect of the Deposited Securities so long as The Bank of New York Mellon is acting as Depositary hereunder, subject, however, to the right of the Issuer under Section 5.4.

Appears in 1 contract

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

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