Exclusivity; Preferred Placement Sample Clauses

Exclusivity; Preferred Placement. During the Exclusive Period, -------------------------------- eMachines agrees that, other than xXxxxxxxx.Xxx, the AOL Services shall be the only Interactive Services to be bundled or otherwise distributed with the Products; provided that notwithstanding the foregoing, eMachines shall be permitted to distribute through the Products Microsoft's Internet Explorer and any Interactive Services sponsored by Microsoft only to the extent eMachines is so obligated under agreements in connection with its use of Microsoft Windows and the license of the Microsoft operating system (the "Microsoft Agreements"). In addition, eMachines shall give AOL thirty (30) days written notice prior to a review of the xXxxxxxxx.Xxx connectivity provider (currently to be provided by UUNet) (the "Connectivity Provider Review") and shall give AOL the opportunity to bid on becoming the xXxxxxxxx.Xxx connectivity provider and shall otherwise allow AOL to participate in the negotiations during the Connectivity Provider Review. With respect to eMachines' obligations under the Microsoft Agreement to promote certain other Interactive Services on the Products and with respect to xXxxxxxxx.Xxx, eMachines agrees that the AOL Services shall be promoted no less favorably than such Interactive Services on the Products. During the term of this Agreement or until otherwise addressed in Section 19 of this Agreement, eMachines shall not change the default portal of xXxxxxxxx.Xxx (i.e. Netscape Netcenter) without the prior written consent of AOL, such consent shall be in AOL's sole discretion. Notwithstanding the provisions of this Section 2, eMachines obligations under this Agreement are subject to the Microsoft Agreements, its existing Agreement with UUNet, and its existing agreement with Trigem and with regard to any future agreements between eMachines and Microsoft Corporation, eMachines shall not subscribe to or make available a Microsoft sponsored Interactive Service unless obligated to do so under eMachines' license of the Microsoft operating system.
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Related to Exclusivity; Preferred Placement

  • Step Placement A. Employees will be compensated on a salary range consisting of seven (7) steps. The salary percentage differential for the seven (7) steps is as follows:

  • Order Placement To place orders for the Trustee to create or redeem one or more Baskets, Authorized Participants must follow the procedures for creation and redemption referred to in Section 3 of this Agreement and the procedures described in Attachment A hereto (the “Procedures”), as each may be amended, modified or supplemented from time to time.

  • Terms of Placement Warrants Each Placement Warrant shall have the terms set forth in the Warrant Agreement.

  • Subsequent Placements (a) From the date hereof until the Effective Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”).

  • Terms of the Units and Placement Warrants 8.1 The Units and their component parts are substantially identical to the units to be offered in the IPO except that: (i) the Units and component parts will be subject to transfer restrictions described in the Insider Letter, (ii) the Placement Warrants will be non-redeemable so long as they are held by the initial holder thereof (or any of its permitted transferees), and may be exercisable on a “cashless” basis if held by a Subscriber or its permitted transferees, as further described in the Warrant Agreement and (iii) the Units and component parts are being purchased pursuant to an exemption from the registration requirements of the Securities Act and will become freely tradable only after the expiration of the lockup described above in clause (i) and they are registered pursuant to the Registration Rights Agreement to be signed on or before the date of the Prospectus or an exemption from registration is available.

  • Authorization Purchase and Sale Terms of the Private Placement Warrants A. Authorization of the Private Placement Warrants. The Company has duly authorized the issuance and sale of the Private Placement Warrants to the Purchaser.

  • Post-IPO Warrants The Post-IPO Warrants, when and if issued, shall have the same terms and be in the same form as the Public Warrants except as may be agreed upon by the Company.

  • Terms of the Private Placement Warrants (i) Each Private Placement Warrant shall have the terms set forth in a Warrant Agreement to be entered into by the Company and a warrant agent on the IPO Closing Date, in connection with the Public Offering (the “Warrant Agreement”).

  • Preferred Shares The Preferred Shares have been duly and validly authorized, and, when issued and delivered pursuant to this Agreement, such Preferred Shares will be duly and validly issued and fully paid and non-assessable, will not be issued in violation of any preemptive rights, and will rank pari passu with or senior to all other series or classes of Preferred Stock, whether or not issued or outstanding, with respect to the payment of dividends and the distribution of assets in the event of any dissolution, liquidation or winding up of the Company.

  • Authorization of the Private Placement Warrants The Company has duly authorized the issuance and sale of the Private Placement Warrants to the Purchaser.

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