126 Availability Date Clause Examples for Any Agreement

Availability Date. It is the day in which XXXXXXXX effectively credits the amount of the credit to the CLIENT through any of the means provided in this Contract. j) Cutoff Date. The day or days in which the CLIENT must pay to MONEYMAN the respective Partial Payment or the Total Payment including the fees, interests and other applicable accessories (as applicable) and, the day or days in which MONEYMAN marks as the end of a period of record of payments made by the CLIENT. k) Due Date of Payment. It is the business day in which the CLIENT must pay MONEYMAN the respective Total Payment including fees, interests and other applicable accessories (as applicable).

Availability Date. The Commitments of the Lenders to make Loans hereunder shall not be available for Borrowing hereunder until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02): (a) The Administrative Agent (or its counsel) shall have received from each party hereto either (i) a counterpart of this Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page of this Agreement) that such party has signed a counterpart of this Agreement. (b) The Administrative Agent shall have received favorable written opinions (addressed to the Administrative Agent and the Lenders and dated the Availability Date) of Fried, Frank, Harris, Sxxxxxx & Jxxxxxxx LLP and Jxx Xxxxxxxxx, or such other counsel as shall be reasonably satisfactory to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent and covering such matters relating to the Borrower, each Guarantor, the Loan Documents (other than the Fee Letter) or the Transactions as the Administrative Agent shall reasonably request. The Borrower hereby requests such counsel to deliver such opinion. (c) The Administrative Agent shall have received a certificate of the Secretary or an Assistant Secretary of the Parent, the Company and each other Guarantor (if any) attaching copies of its certificate of incorporation and by-laws, a good standing certificate for it and resolutions of its Board of Directors authorizing execution, delivery and performance of this Agreement and the other Loan Documents to which it is a party. (d) The Administrative Agent shall have received an incumbency certificate of an officer of the Parent, the Company and each other Guarantor (if any) in respect of each of the officers who are authorized to sign this Agreement and the other Loan Documents to which each is a party on its behalf and who will, until replaced by another officer or officers duly authorized for that purpose, act as its representative for the purposes of signing documents and giving notices and other communications in connection with this Agreement, the other Loan Documents and the transactions contemplated hereby and thereby. (i) The representations and warranties of the Credit Parties set forth in this Agreement shall be true and correct on and as of the Availability Date (giving effect to the Transactions and any Borrowing occ...

Availability Date. The Availability Date for each Program episode is (a) for “Days of Our Lives,” the date of its exhibition on the applicable U.S. Network and (b) for “The Young and the Restless,” one (1) business day prior to the date of exhibition on the applicable U.S. Network, as long as Licensor has approval from such U.S. Network as to such one day pre-release; provided that in the event of such U.S. Network disapproval, (a) Licensor shall exercise reasonable efforts to re-secure such U.S. Network’s approval, (b) upon written notice from Licensor that such U.S. Network re-approval cannot be obtained, Licensor shall have the right to renegotiate the License Fees hereunder (for both “The Young and the Restless” and “Days of Our Lives”), and (c) if, after at least sixty (60) days of such renegotiation, Licensor and Licensee cannot mutually agree to appropriate License Fees, Licensee shall have the right to terminate this Agreement by written notice delivered to Licensor at least thirty (30) days prior to the effective date of termination, which such notice must be sent to Licensor no later than ninety (90one hundred twenty (120) days after Licensor’s notice that U.S. Network re-approval could not be obtained. License Period. The License Period for each Program episode commences on its Availability Date and ends on the earliest of (a) the end of the Broadcast Year in which it had its Triggering U.S. Telecast, (b) the termination of this Agreement for any reason permitted hereunder and (c) with respect to the Free/Basic TV Licensed Services (and corresponding Simulcast Licensed Services), after the completion of the Maximum Permitted Number of Exhibitions. Notwithstanding the foregoing sentence, Licensee may continue to exhibit such Program on the FOV/AVOD Catch-Up Licensed Services for the full FOD/AVOD Catch-Up Window set out in Section 6.3 herein, and for the full SVOD Standalone Window as set out in Section 6.4.1 herein, except in the event of earlier termination of this Agreement for any reason permitted hereunder.

Availability Date. The "Availability Date" shall mean (i) the Effective Date with respect to the Minimum Xxxxxxxx T-1 Inventory identified in Exhibit A-6 to be provided to Xxxxxxxx as of the Effective Date, and (ii) December 31st of each calendar year following 1998 through the end of the Term with respect to each annual number of Minimum Xxxxxxxx T-1 Inventory identified in Exhibit A-6 for such calendar year. The "Deadline Date" shall be sixty (60) days after the later of (i) such planned Availability Date or (ii) the planned Availability Date as extended due to unforeseen events not in the reasonable control of WinStar (other than as due to WinStar's negligence), Force Majeure events or as expressly permitted by this Agreement. WinStar shall make available each of its annual Minimum Xxxxxxxx T-1 Inventories by the applicable Deadline Date. WinStar shall give Xxxxxxxx as much prior notice as reasonably possible if, to the best of WinStar's knowledge, there is a foreseeable risk that it may miss a Deadline Date for its Minimum Xxxxxxxx T-1 Inventory.

Availability Date. The Availability Date for each Included Program shall be as determined by Licensor in its sole discretion.

Availability Date. The Availability Date for each Included Program shall be (a) as set forth on Schedule A for the Included Programs on Schedule A, (b) for Included Programs added hereunder as a replacement program pursuant to Section 7, as determined by Licensor in consultation with Licensee, and (c) for Additional Programs (as defined below), determined by Licensor in its sole discretion and communicated to Licenseeas memorialized in an availability listamendment to Schedule A pursuant to Section 5.

Availability Date. The VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; provided, however, that the VOD Availability Date for each Current Feature shall be no later than the date on which Licensor first makes such film generally available for the “standard” residential Video-On-Demand window on a non-exclusive basis for VOD distribution in the Territory (i.e., the availability date for other residential VOD distributors who do not pay additional consideration of more than a de minimus amount for an earlier date or who are not granted exhibition rights on a limited test basis).

Availability Date. The Availability Date for each Included Program shall be determined by Licensor in its sole discretion, provided, however, that the Availability Date for each Current Film shall be no later than the date on or after such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such Current Film available to any Other Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) through aany single Other Distributor on a one-off basis for VOD distribution in such Territory (“Earlier Avail Title”); provided, that: (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, in each such case, the Availability Date for such Current Film shall be no later than the date on which Licensor or any other SPE Entity makes such Current Film available to any other Other Distributor (i.e., on a non-exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; and (c) except in the event thatcase where such single Other Distributor is not an SPE Entity, the Applicable Percentage shall be five percent (5%), andan Affiliate of Licensor, no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000)., and (d) no more than half of all Earlier Avail Titles may be distributed on an exclusive early basis through an Other Distributor that is not an Affiliate of Licensor.

Availability Date. The Availability Date for such Program shall be September 1, 2012, except that Licensee may request an earlier date that is no earlier than the applicable episode’s premiere telecast in the United States on the applicable Basic Television Service (currently expected to be History Channel).