Commercial Agreement. 7 6F. Amended Certificate of Incorporation......................................................... 7 Section 7. Conditions of the Company's Obligations at the Closing.......................................... 7
Commercial Agreement. The Company shall have executed and -------------------- delivered a Term Sheet in the form attached as Exhibit B hereto (the "Commercial --------- ---------- Agreement"). ---------
Commercial Agreement. The Company shall have executed and delivered to BellSouth the Commercial Agreement, previously executed by BellSouth.
Commercial Agreement. Concurrently with the execution of this Agreement, the Commercial Agreement will be entered into pursuant to which OpCo agrees to provide payment processing services to Alibaba and its Subsidiaries (including Taobao Marketplace and Taobao Mall) on preferential terms. The fees to be paid by Alibaba and its Subsidiaries to OpCo for the services provided under the Commercial Agreement will take into account Alibaba and its Subsidiaries’ status as large volume customers and will be approved on an annual basis by the Independent Directors. The Commercial Agreement will be non-exclusive and will remain in effect for an auto-renewing fifty (50)-year term, subject to Alibaba’s right to terminate upon one year’s prior written notice. If in connection with a public offering of OpCo, the Commercial Agreement is required by applicable regulatory authorities to be modified, a one-time payment, the Impact Payment, may be payable by HoldCo to Alibaba to compensate Alibaba for the overall impact of such adjustment.
Commercial Agreement. Purchaser shall have executed and delivered -------------------- to the Company the Commercial Agreement as of the Closing Date.
Commercial Agreement. The Purchaser shall have executed and -------------------- delivered the Memorandum of Understanding in the form attached as Exhibit B. ---------
Commercial Agreement. 8 Section 8. Termination................................................. 9 Section 9. Indemnification............................................. 9
Commercial Agreement. Purchaser shall have executed and delivered the Commercial Agreement
Commercial Agreement. Buyer and Seller shall use reasonable best efforts to negotiate the terms of a commercial agreement addressing the terms set forth in Exhibit D attached hereto (the “Commercial Agreement”); if Seller waives the delivery of the Commercial Agreement from the conditions set forth in Section 7.2(d) prior to the Closing, the covenant in this Section 6.13 shall survive until a Commercial Agreement is entered into or the parties agree that no Commercial Agreement will be entered into.
Commercial Agreement. The Parties acknowledge that the terms of this Agreement, including the rates described in Article 5, the other covenants and agreements of the Parties, and all other terms of this Agreement reflect the commercial agreement reached between Operator and Customer as a result of arm’s length negotiations between the Parties.
