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 510 contracts

Sources: 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

Sources: 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 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 31 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Nova Minerals LTD), 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 27 contracts

Sources: Deposit Agreement (Natuzzi S P A), Deposit Agreement (Telemar Participacoes S.A.), Deposit Agreement (Sodexho Alliance Sa)

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

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (MOL Global, Inc.), Deposit Agreement (Cheetah Mobile Inc.)

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

Sources: 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 14 contracts

Sources: 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 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

Sources: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary), 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 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

Sources: Deposit Agreement (Erytech Pharma S.A.), Deposit Agreement (Erytech Pharma S.A.), Deposit Agreement (Erytech Pharma 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 AgreementSection 5.04.

Appears in 11 contracts

Sources: 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 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 10 contracts

Sources: 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 this Deposit AgreementSection 5.04.

Appears in 10 contracts

Sources: 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 this Deposit AgreementSection 5.04.

Appears in 7 contracts

Sources: Deposit Agreement (Benitec Biopharma LTD/ADR), Deposit Agreement (Sundance Energy Australia LTD), Deposit Agreement (Sundance Energy Australia 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 6 contracts

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

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 6 contracts

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

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

Sources: 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 5.45.04, 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

Sources: 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 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

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

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

Sources: Deposit Agreement (Sunity Online Entertainment LTD), Deposit Agreement (E-Commerce China Dangdang Inc.), 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 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 4 contracts

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Criteo S.A.), 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 depositary shares, depositary receipts or any similar securities or instruments Receipts so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder.

Appears in 3 contracts

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

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

Sources: 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

Sources: 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 AgreementSection 5.04 hereof.

Appears in 3 contracts

Sources: 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 5.4 of this Deposit Agreement.

Appears in 2 contracts

Sources: 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

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Tenaris 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 under this Deposit Agreementhereunder other than a successor depositary as provided in Section 5.04.

Appears in 2 contracts

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

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 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 Agreementhereunder.

Appears in 2 contracts

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

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

Sources: 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 5.4Sections 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

Sources: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (TC BioPharm (Holdings) 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, however, to the rights of the Company under this Deposit AgreementSection 5.04.

Appears in 2 contracts

Sources: 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 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

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

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

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

Exclusivity. Without prejudice to Other than in connection with the Company’s rights event set forth under Section 5.45.4 herein, 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

Sources: 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

Sources: 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

Sources: Deposit Agreement (Ternium S.A.)

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

Sources: 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 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 1 contract

Sources: 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

Sources: 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 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

Sources: Deposit Agreement (Triunfo Holding & Investments)

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

Sources: 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 depositary shares, American or global 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

Sources: 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

Sources: 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

Sources: Deposit Agreement for Warrants (Bank of New York / Adr Division)

Exclusivity. Without prejudice Subject 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 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

Sources: Deposit Agreement (Trina Solar 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 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

Sources: 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 depositary shares, depositary receipts or any similar securities or instruments ReceiptsAmerican Depositary Shares so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreementhereunder. Article 6.

Appears in 1 contract

Sources: Deposit Agreement (Edap TMS Sa)

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

Sources: 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

Sources: Deposit Agreement (Cloopen Group Holding LTD)

Exclusivity. Without prejudice Subject to the Company’s rights under Section 5.45.4 and Section 6.2, 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

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