Blockage Clause Samples
The Blockage clause defines the circumstances under which a party is prevented from taking certain actions or exercising specific rights, typically due to legal, regulatory, or contractual restrictions. In practice, this clause may apply to situations such as the transfer of securities, where a party cannot sell or assign assets if doing so would violate laws or agreements. Its core function is to ensure compliance and prevent parties from inadvertently breaching obligations, thereby managing legal risk and maintaining the integrity of the contractual arrangement.
Blockage. 16.1 Claranet is entitled to (partially or completely) block its services for the Client, insofar as
a) there is a threat to the facilities of Claranet or the unrestricted maintenance of its services and performance (also vis-à-vis other clients) (e.g. through DDoS or other hacker attacks) or to public safety;
b) the Client exceeds the limits of the rights of use granted to it in accordance with Clause 14;
c) the Client uses the services of Claranet abusively or illegally in breach of Clause 3.8; or
d) there is a legal or regulatory obligation to do so or there is a court or official order to do so.
16.2 Claranet is furthermore entitled to (partially or completely) block its services for the Client after serving notice and observing a waiting period of two (2) weeks, if
a) a chargeback occurs when receivables are collected by Claranet, unless the Client is not responsible for the chargeback;
b) the Client violates Clause 3.2 and this hereby endangers a proper invoice settlement; or
c) the Client is in default of payment according to Clause 4.5 to an amount of at least €75. The sending of a payment request (reminder) is considered as an announcement for blockage. Statutory rights of retention or rights to refuse performance on the part of Claranet are not restricted by this.
16.3 The blockage within the meaning of Clauses 16.1 and 16.2 remains in place only for the duration of the event which gave rise to the blockage.
16.4 Claranet will notify the Client of the blockage and the reasons for it with a reasonable period of advance notice within the scope of what is possible and reasonable. Otherwise, in particular where there is a risk of delay, the Client will be informed immediately of the blockage and the reasons for it.
16.5 Notice of a blockage in accordance with the preceding paragraphs can be sent to the email address of the administrative contact named by the Client or another email address named by the Client. Claranet is free to send a written notification instead.
16.6 The Client shall remain obliged to pay the contractually agreed charges even in the event of a blockage pursuant to Clauses 16.1 or 16.2, provided that the cause of the blockage is within the Client's sphere of risk or is attributable to the Client. For the avoidance of doubt: Availability commitments for services affected by a blockage are suspended during a blockage; Loss of services as a result of a blockage shall not be taken into account within the framework of agreed availabili...
Blockage. 16.1 Claranet is entitled to impose a partial or complete blockage to prevent all services from being used by the Client without written notice and without observing a waiting period if a) the safety of ▇▇▇▇▇▇▇▇'s equipment or public security is threatened
Blockage. ▇▇▇▇▇▇▇▇ is entitled to impose a partial or complete blockage to prevent all services from being used by the Client without written notice and without observing a waiting period if a) the safety of ▇▇▇▇▇▇▇▇'s equipment or public security is threatened
Blockage. Notwithstanding any provision set forth in Section 6P of the Agreement or any other provision of the Agreement or any other Investment Document:
(a) until the date upon which the Obligations (as defined in the Senior Credit Agreement) owed to the Agent and Lenders under the Senior Credit Agreement have been irrevocably repaid in full in cash, the Company may not make and the Purchaser or any successor in interest may not receive or retain any payment or distribution (in cash, in kind, in properties or securities, by set-off or otherwise, except that the holders of the Subordinated Debt may accrue payment-in-kind interest and fees) in respect of the Subordinated Debt; provided, however, that if: (i) the Agent and Lenders under the Senior Credit Agreement extend the last day of the Term Loan Term (as defined in the Senior Credit Agreement as in effect on the date hereof) or the Revolving Facility Term (as defined in the Senior Credit Agreement as in effect on the date hereof) beyond the Maturity Date (as defined in the Second Amended Note) and (ii) no Event of Default has occurred and is continuing under Section VIII(a) of the Senior Credit Agreement as in effect on the date hereof, then, as of the Maturity Date, this Section 8(a) shall no longer have any effect and the provisions of Section 6P as in effect as of the date of the Sixth Amendment shall govern the rights of the Purchaser.
(b) from the date hereof through August 15, 2005, provided that Obligations under the Senior Credit Agreement remain outstanding, the Purchaser or any successor in interest may not exercise any remedies or commence any action or proceeding to recover any amounts due or to become due with respect to the Subordinated Debt. On and after August 16, 2005, the Purchaser shall be entitled to exercise the collection or enforcement rights and remedies it may have (if any) under Section 6P(iv) of the Agreement, subject in all respects to the prohibitions on payments and distributions described in the foregoing subsection (a), which shall remain in place as set forth therein, and subject to any other applicable restrictions set forth in the Agreement; provided, that in no event shall the Purchaser be entitled to issue to the Agent under the Senior Credit Agreement any written notice of its intent to exercise any rights or remedies under the Agreement, applicable law or otherwise at any time prior to August 16, 2005 (in furtherance and not in limitation of the foregoing, the Purchaser ack...
Blockage. For the benefit of the Senior Administrative Agent and each of the holders of the Senior Debt, the Purchasers and the Company agree that (i) that certain Blockage Notice, dated August 19, 2002, that was delivered by the Senior Administrative Agent to the Holders (the "Existing Blockage Notice") is hereby withdrawn, (ii) the Senior Administrative Agent, on behalf of the holders of the Senior Debt under the Bank Credit Agreement, shall have all the rights and remedies it would otherwise have had, if the Existing Blockage Notice had never been issued, including, without limitation, the right to issue another Blockage Notice in accordance with the terms of the Purchase Agreement, and (iii) the Payment Blockage Period has not commenced. The Senior Administrative Agent, on behalf of the holders of the Senior Debt by virtue of the Bank Credit Agreement, shall be a third party beneficiary with respect to all agreements and related rights provided for under this Section 1(b).