Sales of Capacity Sample Clauses

Sales of Capacity. The Company shall not, and shall not permit any of its Subsidiaries to, sell, lease or otherwise dispose of Capacity or capacity on other telecommunication systems acquired in accordance with the terms hereof except pursuant to agreements entered into by the Company on commercially reasonable terms including, without limitation, the provisions set forth in EXHIBIT C (as such provisions may be amended, supplemented, restated or otherwise modified from time to time to the extent permitted under Section 6.10 hereof); PROVIDED that, in any event, (a) the relevant agreement shall provide that all cash consideration payable thereunder shall be paid in Dollars to (x) the Pre-Sales Proceeds Account (in the case of payments made prior to the Conversion Date) and (y) except as provided in Section 8.2(c), to the Revenue Account (in the case of payments made on and after the Conversion Date), (b) if the relevant agreement shall provide for future payments it shall not prohibit the granting of a security interest in such agreement by the Company to the Administrative Agent for the benefit of the Secured Parties, (c) if requested by the Administrative Agent, the Company shall deliver a copy of any such relevant agreement, (d) the relevant agreement may provide for a cash rebate or return of cash previously paid to the Company by such purchaser (i) on or after March 31, 2002, to the extent that such cash has not previously been used to make payments in connection with the Project, (ii) to the extent that such rebate or return is due and payable no earlier than March 31, 2003 or (iii) after the Conversion Date, if such agreement (other than any Capacity Sales Agreement with Sponsors or any other direct holding company or any Affiliates thereof) does provide for any such rebate or return, a portion of the Capacity Payments or other payments received in respect of such agreement in an amount equal to such contingent rebate or return, shall be deposited into the VAT Account and (e) the relevant agreement may provide for the purchase by the Company of interim capacity on another system, provided, however, that any acquisition of such interim capacity shall be funded directly with proceeds received under related Capacity Sales Agreements; PROVIDED, FURTHER, the Company shall not (i) enter into any transaction to dispose of Capacity for non-cash consideration if, after giving effect to such transaction, the Capacity disposed of for non-cash consideration during the 12-month per...
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Sales of Capacity. 94 SECTION 6.24.
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Sales of Capacity. The Borrower shall not, and shall not ----------------- permit the Subsidiaries to, sell or otherwise dispose Capacity except (a) pursuant to Capacity Sale Agreements substantially in the form of Exhibit L or --------- (b) pursuant to other agreements or arrangements which are on commercially reasonable terms (which shall include the disposition of Capacity without cash compensation in exchange for mutual restoration agreements); provided that, in -------- any event, (i) all such agreements and arrangements shall provide that amounts payable to the Borrower shall be paid to the Revenue Account, (ii) no agreement providing for future payments shall prohibit the granting of a security interest in such agreement by the Borrower to the Lenders and (iii) without derogation of the provisions of Section 6.24, such agreements shall provide that payments ------------ thereunder shall be in cash and at least 80% of such payments shall be due and payable before the Maturity Date; and provided, further, that (A) no individual -------- ------- sale shall defer more than $4,000,000 beyond the Maturity Date without prior written consent of the Lead Agents and (B) once the aggregate amount of payments deferred beyond the Maturity Date exceeds $20,000,000, no further deferral of payments beyond the Maturity Date shall be permitted without the prior written consent of the Majority Lenders (or the Lead Agents if, as of any date of determination, the cumulative Capacity Sales Revenue received by the Borrower and the Subsidiaries as of such date exceeds 175% of the cumulative Capacity Sales Revenue set forth in Section 6.24(a) with respect to such date) (and --------------- subject, in any event, to clause (A) above). ----------
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Sales of Capacity. (a) The Borrower shall not, and shall not ----------------- permit any Subsidiary to, sell or otherwise dispose of Capacity except pursuant to Capacity Sales Agreements substantially in the form of Exhibit I or otherwise --------- on commercially reasonable terms, which shall, subject to paragraph (b) below, include the disposition thereof for non-cash consideration, such as for capacity on other systems; provided that, in any event, (i) all such agreements and -------- arrangements shall provide that any amounts payable to the Borrower or any Subsidiary shall be paid to the Revenue Account or the U.S. Backhaul Account (as the case may be) in accordance with the provisions of the Securities Accounts Agreement and (ii) no agreement providing for future payments shall restrict either contractually or as a matter of law the granting of a security interest in such agreement by the Borrower or any Subsidiary to the Lenders.
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Sales of Capacity. 95 SECTION 6.14.
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Sales of Capacity. 7 5 Storage of Heavy Load Hour Energy. . . . . . . . . . .9 6 Prices . . . . . . . . . . . . . . . . . . . . . . . 11 7
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Sales of Capacity. The Borrower shall not, and shall not ----------------- permit the Subsidiaries to, sell or otherwise dispose of Capacity or capacity on other telecommunication systems acquired in accordance with the terms hereof except (a) pursuant to Capacity Sale Agreements and Capacity Swap Agreements, (b) pursuant to other agreements or arrangements which are on commercially reasonable terms and reasonable satisfactory to the Designated Agents (which shall include the disposition of System Capacity without cash compensation in exchange for mutual restoration agreements or for reasonably equivalently valued capacity on other subsea fiber or terrestrial fiber telecommunication systems, subject to the proviso contained in this Section) and (c) with respect to Backhaul Capacity or capacity on other subsea fiber or terrestrial fiber telecommunication systems acquired in accordance with the terms hereof, pursuant to agreements or arrangements in exchange for reasonably equivalent value and which are on commercially reasonable terms and reasonably satisfactory to the Designated Agents (which may include dispositions for non-cash consideration); provided that, in any event, (i) all such agreements and arrangements described -------- in the foregoing clauses (a), (b) and (c) shall provide that amounts payable to ----------- --- --- the Borrower or any Subsidiary shall be paid to the Revenue Account (unless the Designated Agents otherwise agree), (ii) no agreement providing for future payments shall prohibit the granting of a security interest in such agreement by the Borrower to the Secured Parties and (iii) without derogation of the provisions of Section 6.24 and except for the non-cash exchanges expressly ------------ contemplated above, such agreements shall provide that payments thereunder shall be in cash.
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Related to Sales of Capacity

  • Fuel Upon redelivery of the Aircraft to Lessor, an adjustment will be made in respect of fuel on board on the Previous Delivery Date and the Expiry Date at the price then prevailing at the Redelivery Location.

  • Shareholding CSM is (either directly or through any one or more of its wholly-owned subsidiaries) the legal and beneficial owner of at least 51 per cent. of the issued share capital of the Borrower and Singapore Technologies Pte Ltd is (either directly or through any one of more of its wholly-owned subsidiaries) the legal and beneficial owner of at least 51 per cent. of the issued share capital of CSM;

  • Joint Ownership 10 Annuitant............................................................... 10

  • Other Businesses Each Member and Manager may engage in any business whatsoever, including a business that is competitive with the business of the Company, and the other Members shall have no interest in such businesses and no claims on account of such businesses, whether such claims arise under the doctrine of “corporate opportunity,” an alleged fiduciary obligation owed to the Company or its members, or otherwise. Without limiting the preceding sentence, the Members acknowledge that the Manager and/or its affiliates intend to sponsor, manage, invest in, and otherwise be associated with other entities and business investing in the same assets classe(es) as the Company, some of which could be competitive with the Company. No Member shall have any claim against the Manager or its affiliates on account of such other entities or businesses.

  • Sales of Assets Neither the Borrower nor any of its Subsidiaries shall sell, assign, transfer, lease, convey or otherwise dispose of any property, whether now owned or hereafter acquired, or any income or profits therefrom, or enter into any agreement to do so, except:

  • Merchandising 15.01. Artist hereby grants G2 the exclusive right to manufacture, sell, license, distribute and exploit, through the Universe and by mail-order and through retail sources of, without limitation, all merchandise or every kind featuring the Artist (name/logo/likeness), during the term of this Agreement.

  • Contractual Income The Custodian shall credit the applicable Series, in accordance with the Custodian’s standard operating procedure, with income and maturity proceeds on Securities on the contractual payment dates net of any taxes or upon actual receipt. To the extent the Custodian credits income on contractual payment date, the Custodian may reverse such accounting entries to the contractual payment date if the Custodian reasonably believes that such amount will not be received.

  • Sales of Shares The Dealer Manager shall, and each Soliciting Dealer shall agree to, solicit purchases of the Shares only in the jurisdictions in which the Dealer Manager and such Soliciting Dealer are legally qualified to so act and in which the Dealer Manager and each Soliciting Dealer have been advised by the Company in writing that such solicitations can be made.

  • Sales of Assets, Etc Such Obligor will not, and will not permit any of its Subsidiaries to, sell, lease, exclusively license (in terms of geography or field of use), transfer, or otherwise dispose of any of its Property (including accounts receivable and capital stock of Subsidiaries) to any Person in one transaction or series of transactions (any thereof, an “Asset Sale”), except:

  • Mergers and Sales of Assets (a) Such Borrower shall not consolidate with or merge into any other Person or convey, transfer or lease (whether in one transaction or in a series of transactions) all or substantially all of its properties and assets to any Person, unless:

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