Availability Date. Fall 2005
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. 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.
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. 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 to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) through a 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) in the event that such single Other Distributor is not an SPE EntityAffiliate of Licensor, the Applicable Percentage shall be five percent (5%), and no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000). [Matt/Xxxxx/Xxxxxxx: Do we mean to limit VOD partner so long as it’s just one partner per picture.]
Availability Date. 2.5.1 For each Early Window Title with a Net Retail Price (as defined below) of at least $29.99, the Early Window Availability Date of such title shall be set by Licensor in its sole discretion; provided, that such date shall be (a) on a Thursday no earlier than 45 days following the wide U.S. theatrical release of such title and no later than the later of (i) 64 days following the wide U.S. theatrical release of such title and (ii) the halfway xxxx between the wide U.S. theatrical release and the DVD Street Date for such title, provided, however, that such later date may be adjusted by Licensor by up to 5 days; and (b) notwithstanding anything to the contrary contained herein, no later than the date on which Licensor makes such title available to any Other Early Window Provider. Once Licensor sets the Early Window Availability Date for an Early Window Title in accordance with the foregoing, Licensee may not lower the Net Retail Price for such title below $29.99 at any time during its Early Window License Period.
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).
Availability Date. It shall be a condition to the Utilisation and the Availability Date becoming effective that the Agent has received all of the documents and other evidence listed in Part A of Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied and at the same time shall notify the Borrower that the Commitments are available for drawing.
Availability Date. The Availability Date for each Included Program shall be (a) for the Included Programs on Schedule A, as determined by Licensor in its sole discretion and set forth on Schedule A and (b) for Included Programs added hereunder as a replacement program pursuant to Section 7, as determined by Licensor in consultation with Licensee.”
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):
