Excluded Territories definition

Excluded Territories means any (a) Served Territory as of or after the Closing and as to which, at any time as of or after the one-year anniversary of the Closing, no Distribution Agreement with any Parent Distributor covering any Product that is either an Energy Beverage brand that was included in the KO Asset Transfer or an Energy Beverage brand of NewCo, the Company or one of their Subsidiaries, in each case in such Served Territory, is in effect (in the case of an Energy Beverage included in the KO Asset Transfer, to the extent that the distribution of such Energy Beverage is occurring in substantially the same manner as occurring as of the date hereof), (b) Served Territory as to which a Parent Distributor previously had distribution rights that have since terminated but only upon the earlier to occur of (i) the six-month anniversary of the date of such termination if no Distribution Agreement with a Parent Distributor in such territory has been entered into by such six-month anniversary and (ii) the date when NewCo or one of its Affiliates enters into a Distribution Agreement with a distributor that is not a Parent Distributor covering such Served Territory, or (c) Unserved Refused Territory; provided, however, that (i) the one-year deadline referred to in clause (a) (the “Relevant Period”), will be deemed to be extended for as long as NewCo is negotiating, as of the end of the Relevant Period, and thereafter continues to negotiate, in each case in good faith with the applicable Parent Distributor, regarding a Distribution Agreement in such Served Territory (provided that any such extension shall not exceed 12 months) and (ii) no Served Territory will be deemed to be an Excluded Territory as a result of the operation of clause (a) above if there has been a Distribution Refusal (as defined in the applicable Coordination Agreement) by the applicable Parent Distributor prior to the end of the applicable Relevant Period (as it may be extended pursuant to clause (i)) unless following such Distribution Refusal NewCo enters into a Distribution Agreement with a third party on terms that are more favorable to such third party, in the aggregate, than the last terms proposed to the applicable Parent Distributor that was the subject of the Distribution Refusal.
Excluded Territories means [**].
Excluded Territories means those countries set out in Schedule 5.

Examples of Excluded Territories in a sentence

  • Each of the parties acknowledges and agrees that, save as may be agreed by the Company and the Joint Global Co-ordinators, the rights of Excluded Territories Shareholders shall be limited as described in the Prospectus.

  • All countries in the world except (i) countries to which export or re-export of any Product, or the direct products of any Product is prohibited by United States law without first obtaining the permission of the United States Office of Export Administration or its successor, and (ii) countries that may be hereafter excluded pursuant to the terms of this Agreement (see Exhibit A for list of Additional Excluded Territories).

  • Licensee shall not have any right to manufacture, market, sell or distribute Licensed Product into the Excluded Territories in any manner.

  • In addition, Sub-licensor hereby grants to Sub-licensee a non-exclusive license for the use of the *** technology and the related Licensed Technical Information (“License”) in all countries except for the KCT Excluded Territories for the Approved Applications.

  • Any entitlement of Excluded Territories Shareholders who are not able to or who do not subscribe for New Shares by exercise of the Preemptive Rights allocated to them, and which Preemptive Rights have not been acquired by other investors and exercised by such other investors, shall be treated as Preemptive Rights, which have not been taken up and dealt with in accordance with Clause 6 and Clause 7.


More Definitions of Excluded Territories

Excluded Territories means (i) any country subject to a comprehensive U.S. trade embargo, (ii) countries subject to other relevant embargos and trade restrictions to the extent that such relevant embargos and trade restrictions would materially adversely impact either Party’s ability to fulfill such Party’s duties and obligations under this Agreement and (iii) the Excluded Specific Territory.
Excluded Territories means certain countries, territories and other jurisdictions which CSI Solar has chosen not to deal with for multiple reasons including that some such territories are, from time to time, the subject of sanctions under applicable Sanctions Laws. Please see Annex 22 to this policy for a current list of the Excluded Territories.
Excluded Territories means all jurisdictions other than the Relevant Territories;
Excluded Territories means Australia, Canada, Japan, Singapore, South Africa, the
Excluded Territories means Australia, Canada, Japan, South Africa and New Zealand and any other jurisdiction where the extension or availability of the Open Offer (and any other transaction contemplated thereby) would breach any applicable law or regulation;
Excluded Territories means the ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ and any other jurisdiction where the extension or availability of the Rights Issue (and any other transaction contemplated thereby) would breach applicable law or regulation, and “Excluded Territory” means any one of them;]6
Excluded Territories mean Albania, Afghanistan, Argentina, Barbados, Bangladesh, Belarus, Bolivia, British Virgin Irelands, Burkina Faso, Cambodia, Canada, Cayman, China, Congo, Crimea, Cuba, Donetsk Region, Lugansk Region, Japan, Jordan, Haiti, Honk Kong, India, Iran, Iraq, Liberia, Libia, Malaysia, Malta, Mari, Myanmar, Morocco, Messico, Nicaragua, Nigeria, North Korea, Pakistan, Philippines Panama, Russia, Senegal, Singapore, South Africa, South Sudan, UAE, United States of America, Vietnam, Yemen and UK.