Common use of Existing Lease Clause in Contracts

Existing Lease. (a) Until the earlier of the Closing or the termination of this Agreement in accordance with its terms, the Parties shall, and shall cause their controlled Affiliates, to take all such actions as are necessary to maintain the Existing Lease in full force and effect on its current terms, including (i) extending the terms of the Existing Lease following execution of this Agreement no later than thirty (30) days prior to the expiration of its then-current terms, (ii) not giving any notice of termination under the Existing Lease and (iii) making such filings with the FCC, in good faith cooperation with the other Parties, as may be necessary in connection with the foregoing. (b) Effective as of the earlier to occur of Closing and the termination of this Agreement in accordance with Section 7.1(a)(vi), notwithstanding anything in the Existing Lease to the contrary, the Existing Lease automatically shall terminate in full and be of no further force or effect such that, subject to the following sentence, no Party or any of its Affiliates will have any further Liability thereunder, and the Parties shall, and shall cause their Affiliates to, take all such actions as are necessary to effect such termination. Any amount prepaid by the T-Mobile Parties or their Affiliates, solely with respect to the prepayment period (which shall be no longer than six (6) months) that commences prior to the Closing Date and ends after the Closing Date under the Existing Lease, if any (which amount shall be calculated by prorating the number of days elapsed following the Closing Date in the applicable period), shall reduce the amount of the Purchase Price, and any amounts unpaid by the T-Mobile Parties or their Affiliates with respect to the period occurring prior to the Closing Date shall be paid on the Closing Date.

Appears in 2 contracts

Sources: License Purchase Agreement (T-Mobile US, Inc.), License Purchase Agreement (T-Mobile US, Inc.)

Existing Lease. (a) Until the earlier of the Closing or the termination of this Agreement in accordance with its terms, the Parties shall, and shall cause their controlled AffiliatesAffiliates to, to take all such actions as are necessary to maintain the Existing Lease in full force and effect on its current termsterms with respect to the Seller Licenses, including (i) extending the terms of the Existing Lease following execution of this Agreement no later than thirty (30) days prior to the expiration of its then-current terms, (ii) not giving any notice of termination under the Existing Lease and (iii) making such filings with the FCC, in good faith cooperation with the other Parties, as may be necessary in connection with the foregoing. (b) Effective as of the earlier to occur of Closing and the termination of this Agreement in accordance with Section 7.1(a)(vi), notwithstanding anything in the Existing Lease to the contrary, the Existing Lease automatically shall terminate in full and be of no further force or effect solely with respect to the Seller Licenses (and shall remain in effect with respect to the 600 MHz licenses granted by the FCC subject to the Second Closing License Purchase Agreement, subject to the terms and conditions thereof) such that, subject to the following sentenceSection 5.6(c), no Party or any of its Affiliates will have any further Liability thereunder, and the Parties shall, and shall cause their Affiliates to, take all such actions as are necessary to effect such termination. . (c) Any amount prepaid by the T-Mobile Parties or their Affiliates, solely with respect to the prepayment period and solely with respect to the Seller Licenses (which shall be no longer than six (6) months) that commences prior to the Closing Date and ends after the Closing Date under the Existing Lease, if any (which amount shall be calculated by prorating the number of days elapsed following the Closing Date in the applicable period), shall reduce the amount of the Purchase Price, and any amounts unpaid by the T-Mobile Parties or their Affiliates with respect to the period occurring prior to the Closing Date and with respect to the Seller Licenses shall be paid on the Closing Date.

Appears in 2 contracts

Sources: License Purchase Agreement (T-Mobile US, Inc.), License Purchase Agreement (T-Mobile US, Inc.)

Existing Lease. (a) Until the earlier of the Closing or the termination of this Agreement in accordance with its terms, the Parties shall, and shall cause their controlled AffiliatesAffiliates to, to take all such actions as are necessary to maintain the Existing Lease in full force and effect on its current termsterms with respect to the Seller Licenses, including (i) extending the terms of the Existing Lease following execution of this Agreement no later than thirty (30) days prior to the expiration of its then-current terms, (ii) not giving any notice of termination under the Existing Lease and (iii) making such filings with the FCC, in good faith cooperation with the other Parties, as may be necessary in connection with the foregoing. (b) Effective as of the earlier to occur of Closing and the termination of this Agreement in accordance with Section 7.1(a)(vi), notwithstanding anything in the Existing Lease to the contrary, the Existing Lease automatically shall terminate in full and be of no further force or effect solely with respect to the Seller Licenses (and shall remain in effect with respect to the 600 MHz licenses granted by the FCC subject to the First Closing License Purchase Agreement, subject to the terms and conditions thereof) such that, subject to the following sentenceSection 5.6(c), no Party or any of its Affiliates will have any further Liability thereunder, and the Parties shall, and shall cause their Affiliates to, take all such actions as are necessary to effect such termination. . (c) Any amount prepaid by the T-Mobile Parties or their Affiliates, solely with respect to the prepayment period and solely with respect to the Seller Licenses (which shall be no longer than six (6) months) that commences prior to the Closing Date and ends after the Closing Date under the Existing Lease, if any (which amount shall be calculated by prorating the number of days elapsed following the Closing Date in the applicable period), shall reduce the amount of the Purchase Price, and any amounts unpaid by the T-Mobile Parties or their Affiliates with respect to the period occurring prior to the Closing Date and with respect to the Seller Licenses shall be paid on the Closing Date.

Appears in 1 contract

Sources: License Purchase Agreement (T-Mobile US, Inc.)

Existing Lease. (a) Until the earlier of the Closing or the termination of this Agreement in accordance with its terms, the Parties shall, and shall cause their controlled Affiliates, to take all such actions as are necessary to maintain the Existing Lease in full force and effect on its current termsterms with respect to the Seller Licenses, including (i) extending the terms of the Existing Lease following execution of this Agreement no later than thirty (30) days prior to the expiration of its then-current terms, (ii) not giving any notice of termination under the Existing Lease and (iii) making such filings with the FCC, in good faith cooperation with the other Parties, as may be necessary in connection with the foregoing. (b) Effective as of the earlier to occur of Closing and the termination of this Agreement in accordance with Section 7.1(a)(vi), notwithstanding anything in the Existing Lease to the contrary, the Existing Lease automatically shall terminate in full and be of no further force or effect solely with respect to the Seller Licenses (and shall remain in effect with respect to the 600 MHz licenses granted by the FCC subject to the First Closing License Purchase Agreement, subject to the terms and conditions thereof) such that, subject to the following sentenceSection 5.6(c), no Party or any of its Affiliates will have any further Liability thereunder, and the Parties shall, and shall cause their Affiliates to, take all such actions as are necessary to effect such termination. . (c) Any amount prepaid by the T-Mobile Parties or their Affiliates, solely with respect to the prepayment period and solely with respect to the Seller Licenses (which shall be no longer than six (6) months) that commences prior to the Closing Date and ends after the Closing Date under the Existing Lease, if any (which amount shall be calculated by prorating the number of days elapsed following the Closing Date in the applicable period), shall reduce the amount of the Purchase Price, and any amounts unpaid by the T-Mobile Parties or their Affiliates with respect to the period occurring prior to the Closing Date and with respect to the Seller Licenses shall be paid on the Closing Date.

Appears in 1 contract

Sources: License Purchase Agreement (T-Mobile US, Inc.)