Annex 4. The information described herein is as of the Computation Date and, except as otherwise indicated below, pertains to the Relevant Period. Negative Covenants Amount
Annex 4. Variations in the general decision making process The following decision making process is applied to this ISG, instead of the process described in the ETSI Technical Working Procedures clause 1.7:
Annex 4. The corrections given in Table 4.8 take account of the fact that the protection ratio is a function of the frequency difference between the interfering signal and the wanted telelvision signal. To account for this effect, the effective radiated power, in dBW, shall be reduced by this correction before the coordination distance is determined. A value of 0 dB shall be used when the corrected effective radiated power, in dBW, is negative. Linear interpolation shall be used for effective radiated powers, in dBW, differing from those given in the tables and also for effective antenna heights (m) other than those in Tables 4.1 to 4.3. Antenna heights of 10 m or 1800 m, respectively, shall be used when the actual height is below the former or above the latter value. For mixed paths the coordination distance, DM, shall be the sum of the pertinent fractions of the coordination distances, Di, applicable to every type of propagation path involved. where DM = ∑ di Di i T (i = L, SC, SW ) dT is the total path length from the transmitter to the nearest point on the border of the country concerned; and di is the total length of those parts of the path which are over land, over cold sea, over warm sea as the case may be. TABLE 4.5 Coordination distances, DL, in km, for propagation paths over land Effective antenna height (m) Effective radiated power 10 37.5 75 150 300 600 1200 1800 dBW W Coordination distances (km) 55 300k 660 660 670 690 710 740 780 810 50 100k 600 600 620 630 650 680 720 760 45 30k 550 550 560 580 600 630 670 700 40 10k 500 500 510 520 540 570 610 650 35 3k 440 440 450 470 490 520 560 590 30 1k 390 390 400 410 430 460 500 530 25 300 330 330 340 360 370 410 450 480 20 100 280 280 290 300 320 360 390 430 15 30 200 230 240 250 270 300 340 380 10 10 110 170 190 200 220 260 300 330 5 3 60 130 150 160 180 210 260 280 0 1 45 90 110 120 140 170 220 240 Annex 4 – 60 – TABLE 4.6 Coordination distances, DSC, in km, for propagation paths over cold sea Effective antenna height (m) Effective radiated power 10 37.5 75 150 300 600 1200 1800 dBW W Coordination distances (km) 55 300k 1160 1160 1190 1220 1240 1250 1270 1300 50 100k 990 990 1000 1040 1050 1070 1130 1160 45 30k 860 860 870 890 910 940 980 1010 40 10k 750 750 760 780 800 840 870 910 35 3k 640 640 660 680 700 730 780 810 30 1k 560 560 580 590 610 640 700 720 25 300 480 480 500 510 530 570 610 640 20 100 410 410 430 440 470 500 540 570 15 30 350 350 370 380 400 440 480 510 10 10 300 300 310 320 350 380 420 450...
Annex 4. 8(a) is a true, correct and complete list of all Intellectual Property owned by the Company at Closing Date which to the best knowledge of the Warrantors does not infringe any rights of third parties. Any Intellectual Property related to the business of the Company which has been developed by any of the Warrantors has been assigned exclusively to the Company pursuant to two agreements appearing under Annex 2.2 (a) (vii) concluded on January 1, 2006 respectively between the Company, Xxxxxx Xxxxxxxxx and Xxxxxxxx Xxxxx and between the Company and Philippe Frémy. The Company does not use any Intellectual Property, if any, developed by Mr. Xxxx-Xxxxxx Enguent and Xx. Xxxxx Charrat. Notwithstanding the foregoing, the Warrantors notified the Issuer that by virtue of the agreements between the Company and InSide Contactless, the agreements between the Company and ST Microelectronics NV and the agreements between the Company and Atmel Inc., these agreements are specified in Annex 2.2 (a) (vii), the Company may have legally used Intellectual Property (if at all) of Mr. Xxxx-Xxxxxx Enguent and Xx. Xxxxx Charrat. In addition, Mr. Xxxx-Xxxxxx Enguent and Xx. Xxxxx Charrat do not legally own and/or do not have a legal right to use any Intellectual Property of the Company.
Annex 4. 02(p) to the Sale Agreement is hereby amended by deleting the Minimum Fixed Charge Coverage Ratio covenant in paragraph (a) thereof in its entirety and replacing said covenant with the following:
Annex 4. 02(h) to the Sale Agreement is hereby amended by adding the following new clause (iii) at the end of paragraph (a) thereof: , and (iii) a Compliance Certificate (as defined in paragraph (b) below) showing the calculations used in determining compliance with each financial covenant set forth on Annex 4.02(p) as of the end of and for the Rolling Period (as defined in Annex 4.02(p)) which ends with such fiscal year and a management discussion and analysis that includes a comparison to budget for such fiscal year and a comparison of performance for such fiscal year to the prior fiscal year.
Annex 4. 02(h) to the Sale Agreement is hereby amended by deleting the last sentence of paragraph (b) thereof in its entirety and replacing said sentence with the following: In addition, the Originator shall furnish to the Administrative Agent and the Collateral Agent, within forty-five (45) days after the end of each fiscal quarter (other than the last fiscal quarter of any fiscal year), (y) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each financial covenant set forth on Annex 4.02(p) as of the end of and for the Rolling Period (as defined in Annex 4.02(p)) which ends with such fiscal quarter and (z) a management discussion and analysis that includes a comparison to budget for the fiscal year to date as of the end of such fiscal quarter and a comparison of performance for the fiscal year to date as of the end of that fiscal quarter to the corresponding period in the prior year.
Annex 4. The Credit Agreement is amended by adding Exhibit A to this Amendment as Annex 4 to the Credit Agreement.
Annex 4. 1. [During the Relevant Period, (i) the aggregate sale proceeds and Net Sale Proceeds received by the Borrower and its Subsidiaries from all Asset Sales were $ and $ , respectively, of which (x) $ has been applied as a mandatory repayment pursuant to Section 4.02(c) of the Credit Agreement, (y) $ has been reinvested or is subject to a legally binding commitment to be reinvested as permitted by Section 4.02(c) of the Credit Agreement, and (z) $ has not yet been applied as a mandatory repayment or reinvestment or is not subject to a legally binding commitment to be reinvested.](25) [During the Relevant Period, neither the Borrower nor any of its Subsidiaries has made any Asset Sale.]
Annex 4. 3.3-1 contains for identification purposes copies of the articles of association (or equivalent documents) of each of the DYNA Group Companies, which are in force and effect and no resolution for the amendment of the articles of association of any of the DYNA Group Companies have been adopted, and no filing with the respective registers for the amendment of the articles of association of any of the DYNA Group Companies is pending. Annex 4.3.3-2 contains for identification purposes copies of the current excerpts of the competent commercial registers of each of the DYNA Group
