Common use of CTC Clause in Contracts

CTC. Neither CTC nor any Affiliates that it controls shall participate directly or indirectly in the Auction (including by providing debt or equity financing or other assistance to a bidder) except as a Member of the Company. So long as they hold Interests and thereafter until they have certified to the other Members as to the return or destruction of any Confidential Information of the Company pursuant to Section 11.2, neither CTC nor any Affiliates that it controls shall (except as set forth on Schedule 2) directly or indirectly own FCC licenses to provide wireless voice or data telephony in the Restricted Territory, or "attributable interests" (as defined in any applicable FCC Rules) in such licenses, or otherwise compete with the Company in the Restricted Territory; provided, that (1) CTC and its Affiliates may, subject to the provisions of Section 11.2, participate in, and acquire licenses in, the FCC's auction of licenses in the 747-762 and 777-792 MHz band (Auction No. 31); (2) this provision shall not require CTC or its Affiliates to divest themselves of FCC licenses set forth on Schedule 2 or FCC licenses acquired in any geographic territory (outside the Company Territory) prior to the time that such territory becomes part of the AWS Territory; and (3) CTC and its Affiliates may own up to three percent of the equity securities of a public company or, if less, that number of shares which, combined with other rights granted to CTC or such Affiliate, do not give CTC or such Affiliate the right to designate a member of the board of directors of such company.