Common use of Communication Licenses Clause in Contracts

Communication Licenses. The Company and the Subsidiaries have filed with the FCC, the ACA, the ART and the ITU all reports, documents, instruments, information and applications required to be filed pursuant to the rules and regulations of the FCC, the ACA, the ART and the ITU, and have obtained all Communication Licenses which are required for the operation of the business of the Company and the Subsidiaries except where the failure to so file would not have a Material Adverse Effect. Except as would not have a Material Adverse Effect, such Communications Licenses are in full force and effect and, to the knowledge of the Company, there are no pending modification, amendment or revocation proceedings initiated by the FCC, the ACA, the ART and the ITU or any equivalent authority in any other jurisdiction in which the Company operates which, if determined against the Company, would have a Material Adverse Effect; to the knowledge of the Company, fees due and payable to domestic and foreign Governmental Authorities pursuant to the rules governing Communications Licenses held by the Company and its Subsidiaries, the nonpayment of which, with the giving of notice or the lapse of time or both would constitute grounds for revocation thereof, have been timely paid, except as would not have a Material Adverse Effect. Each of the Company and the Subsidiaries is in compliance with the terms of the Communications Licenses, as applicable, and there is no condition of which the Company or any of the Subsidiaries has received notice, nor, to the knowledge of the Company, is there any proceeding threatened, by any domestic or foreign governmental authority, which would cause the termination, suspension, cancellation or non-renewal of any of the Communications Licenses, or the imposition of a penalty or fine by any domestic or foreign Governmental Authority, except, in each case, as would not have a Material Adverse Effect; the Company and the Subsidiaries have all necessary consents, authorizations and approvals to utilize the Communication Licenses in the manner and for the purposes described in the Due Diligence Materials.

Appears in 2 contracts

Samples: Securities Purchase Agreement (WorldSpace, Inc), Royalty Agreement (WorldSpace, Inc)

AutoNDA by SimpleDocs

Communication Licenses. The Company and the Subsidiaries have filed with the FCC, the ACA, the ART and the ITU all reports, documents, instruments, information and applications required to be filed pursuant to the rules and regulations of the FCC, the ACA, the ART and the ITU, . The communication Licenses set forth in Schedule 3(b)(xx) (the “Worldspace Licenses”) are held by the Company and have obtained represent all Communication of the communication Licenses which are required for the operation of the business of the Company and the Subsidiaries except where the failure to so file would not have a Material Adverse Effect. Except as disclosed in the SEC Documents or as would not have a Material Adverse Effect, such Communications the Worldspace Licenses are in full force and effect and, to the knowledge of the Company, there are no pending modification, amendment or revocation proceedings in relation to the Worldspace Licenses initiated by the FCC, the ACA, the ART and the ITU or any equivalent authority in any other jurisdiction in which the Company operates which, if determined against the Company, would have a Material Adverse Effect; to the knowledge of the Company, fees due and payable to domestic and foreign Governmental Authorities pursuant to the rules governing Communications Worldspace Licenses held by the Company and its Subsidiaries, the nonpayment of which, with the giving of notice or the lapse of time or both would constitute grounds for revocation thereof, have been timely paid, except as would not have a Material Adverse Effect. Each of the Company and the Subsidiaries is in compliance with the terms of the Communications Worldspace Licenses, as applicable, and there is no condition of which the Company or any of the Subsidiaries has received notice, nor, to the knowledge of the Company, is there any proceeding threatened, by any domestic or foreign governmental authority, which would cause the termination, suspension, cancellation or non-renewal of any of the Communications Worldspace Licenses, or the imposition of a penalty or fine by any domestic or foreign Governmental Authority, except, in each case, as would not have a Material Adverse Effect; the Company and the Subsidiaries have all necessary consents, authorizations and approvals to utilize the Communication Worldspace Licenses in the manner and for the purposes described in the Due Diligence Materials.

Appears in 2 contracts

Samples: Form of Amendment and Exchange Agreement (WorldSpace, Inc), Redemption and Exchange Agreement (WorldSpace, Inc)

AutoNDA by SimpleDocs

Communication Licenses. The Company Borrowers and the their Subsidiaries have filed with the FCC, the ACAACMA, the ART and the ITU all reports, documents, instruments, information and applications required to be filed pursuant to the rules and regulations of the FCC, the ACAACMA, the ART and the ITU, and have obtained all Communication Licenses which are required for the operation of the business of the Company and the Subsidiaries ITU except where the failure to so file would not have a Material Adverse Effect. The communication licenses set forth in Schedule 7.14 (the “WorldSpace Licenses”) are held by the Borrowers and represent all of the communication Licenses which are required for the operation of the Business of the Borrowers and their Subsidiaries. Except as disclosed in the SEC Documents or as would not have a Material Adverse Effect, such Communications the WorldSpace Licenses are in full force and effect and, to the knowledge of the CompanyBorrowers, there are no pending modification, amendment or revocation proceedings in relation to the WorldSpace Licenses initiated by the FCC, the ACAACMA, the ART and the ITU or any equivalent authority in any other jurisdiction in which the Company operates Borrowers operate which, if determined against the CompanyBorrowers, would have a Material Adverse Effect; to the knowledge of the CompanyBorrowers, except as set forth on Schedule 7.14, fees due and payable to domestic and foreign Governmental Authorities governmental authorities pursuant to the rules governing Communications WorldSpace Licenses held by the Company Borrowers and its their Subsidiaries, the nonpayment of which, with the giving of notice or the lapse of time or both would constitute grounds for revocation thereof, have been timely paid, except as would not have a Material Adverse Effect. Each of the Company Borrowers and the their Subsidiaries is in compliance with the terms of the Communications WorldSpace Licenses, as applicable, and there is no condition of which any of the Company Borrowers or any of the their Subsidiaries has have received notice, nor, to the knowledge of any of the CompanyBorrowers, is there any proceeding threatened, by any domestic or foreign governmental authority, which would cause the termination, suspension, cancellation or non-renewal of any of the Communications WorldSpace Licenses, or the imposition of a penalty or fine by any domestic or foreign Governmental Authoritygovernmental authority, except, in each case, as would not have a Material Adverse Effect; the Company Borrowers and the their Subsidiaries have all necessary consents, authorizations and approvals to utilize the Communication WorldSpace Licenses in the manner to operate their Businesses as now conducted and for the purposes described in the Due Diligence Materialsas currently contemplated.

Appears in 1 contract

Samples: Credit Agreement (WorldSpace, Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.