NEXT System Completion Sample Clauses

NEXT System Completion. (a) Either: (i) fewer than [***] Satellites have been launched; or (ii) failure to reach “In Orbit Acceptance” of at least [***] Satellites with a certificate from the Technical Adviser that the operational coverage of the NEXT System with [***] Satellites is satisfactory, on or by the NEXT System Completion Longstop Date. (b) At any time: (i) less than [***] satellites (including the existing Block One system) are capable of operation (as certified by the Technical Adviser); or (ii) the Average Call Establishment Rate is below [***] per cent., unless at the time of such failure: (iii) a number of Satellites sufficient to maintain the total number of satellites (including the existing Block One system) at or above [***] and the Average Call Establishment Rate at or above 70 per cent. are completed, available and scheduled to be launched and immediately operational (and for the avoidance of doubt, any Satellites which are required to drift into the relevant orbit plane following launch shall not be taken into account) without expected delays within the following 2 month period; and (iv) such Satellites achieve In-Orbit Acceptance, and the number of satellites in operation is re-established at or above [***] and the Average Call Establishment Rate is re-established at or above [***] per cent. within 2 months following such 2 month period. (c) Failure of the Borrower and the COFACE Agent and the Majority Lenders to reach an agreement as to: (i) an appropriate remedial plan in respect of a certain Milestone delay disclosed in the Technical Adviser’s Quarterly Report in accordance with the procedures and timeframe set forth in Clause 23.14 (Material NEXT System Documents); or (ii) a back-up launch strategy following the discussion period referred to in Schedule 22 (Back-Up Launch Strategy).