Certain Material Contracts. (i) Any Credit Card Processor Agreement, E-911 Agreement or Number Port Agreement shall be terminated, not renewed by any party thereto or the applicable Credit Party shall have received a notice of termination with respect thereof and no replacement agreement has been entered into by such Credit Party or no transition arrangement has been implemented by such Credit Party prior to the effectiveness of such termination or nonrenewal that is reasonably satisfactory to the Administrative Agent, (ii) for any ▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇, (▇) there has been a breach by ▇▇▇▇▇ ▇ Communications, LLC or any Affiliate thereof involving a service provided under a Level 3 Contract which would reasonably be expected to cause a Material Adverse Effect, either individually or in the aggregate, on any Credit Party’s operations and for which service there is no substitute reasonably acceptable to the Administrative Agent and immediately available on commercially similar terms or (B) a termination of a Level 3 Contract involving a service provided, which termination would reasonably be expected to cause a Material Adverse Effect, either individually or in the aggregate, on any Credit Party’s operations and for which service there is no substitute reasonably acceptable to the Administrative Agent and immediately available on commercially similar terms or (iii) any Patent Litigation Settlement referred to in clauses (a)(i)–(viii) of the definition thereof or replacements or substitutes for, pursuant to clause (b) of the definition thereof, of any Patent Litigation Settlements referred to in clauses (a)(i)–(viii) of the definition thereof involving a service provided by any Credit Party shall terminate, which termination would reasonably be expected to cause a Material Adverse Effect, either individually or in the aggregate, on any Credit Party’s operations and for which service there is no substitute reasonably acceptable to the Administrative Agent and immediately available on commercially similar terms; or
Appears in 2 contracts
Sources: First Lien Credit and Guaranty Agreement (Vonage Holdings Corp), Second Lien Credit and Guaranty Agreement (Vonage Holdings Corp)
Certain Material Contracts. (i) Any Credit Card Processor Agreement, E-911 Agreement or Number Port Agreement shall be terminated, not renewed by any party thereto or the applicable Credit Party shall have received a notice of termination with respect thereof and no replacement agreement has been entered into by such Credit Party or no transition arrangement has been implemented by such Credit Party prior to the effectiveness of such termination or nonrenewal that is reasonably satisfactory to the Administrative Note Agent, (ii) for any ▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇, (▇) there has been a breach by ▇▇▇▇▇ ▇ Communications, LLC or any Affiliate thereof involving a service provided under a Level 3 Contract which would reasonably be expected to cause a Material Adverse Effect, either individually or in the aggregate, on any Credit Party’s operations and for which service there is no substitute reasonably acceptable to the Administrative Note Agent and immediately available on commercially similar terms or (B) a termination of a Level 3 Contract involving a service provided, which termination would reasonably be expected to cause a Material Adverse Effect, either individually or in the aggregate, on any Credit Party’s operations and for which service there is no substitute reasonably acceptable to the Administrative Note Agent and immediately available on commercially similar terms or (iii) any Patent Litigation Settlement referred to in clauses (a)(i)–(viiia)(i)-(viii) of the definition thereof or replacements or substitutes for, pursuant to clause (b) of the definition thereof, of any Patent Litigation Settlements referred to in clauses (a)(i)–(viii) of the definition thereof involving a service provided by any Credit Party shall terminate, which termination would reasonably be expected to cause a Material Adverse Effect, either individually or in the aggregate, on any Credit Party’s operations and for which service there is no substitute reasonably acceptable to the Administrative Note Agent and immediately available on commercially similar terms; or
Appears in 1 contract
Sources: Third Lien Note Purchase Agreement (Vonage Holdings Corp)