Overbuild Clause Samples
Overbuild. It is understood and agreed that in the process of converting Coated Microfilm Products into Converted Microfilm Products in accordance with Firm Orders received by Anacomp, and commencing on July 1, 1997, during Phase I and Phase II, SKC shall continue Anacomp's practice prior to the Effective Date of producing and delivering to Anacomp's MX division Overbuild for which no orders are outstanding to the extent required to convert in the most efficient way. Anacomp agrees to accept such Overbuild, which shall be invoiced in the same manner and at the same price as Converted Microfilm Products hereunder for which Firm Orders are in place and to use its best efforts to market such Overbuild in the same manner as prior to the Effective Date; provided, however, that Anacomp will not be obligated to accept more than 600,000 square feet of Overbuild in any calendar month (net of any returns of Overbuild accepted by SKC in such month). SKC shall accept returns of Overbuild in the manner described in Exhibit F-6, and shall issue a credit to Anacomp in the amount of the full purchase price thereof. Commencing on the Effective Date and ending on July 1, 1997, all such Overbuild accepted by Anacomp pursuant to this Agreement shall be fully credited toward Anacomp's Microfilm Products Minimum Quantity Purchase Obligation.
Overbuild. To the best of Sellers' knowledge, except as set forth on Schedule 3.20, no person or entity other than the Acquired Company (i) has been granted or has applied in writing to the appropriate governmental authority for a Franchise or governmental authorization for the installation, construction, development, ownership or operation of a cable television or Internet system within any of municipalities or geographical area served by the TV and Internet Systems, or (ii) has commenced or, to the best of Sellers' knowledge, has received, or applied for, a government authorization for the construction, installation or operation of a cable television or Internet system which has resulted, or will or would result, in such system being overbuilt with the TV and Internet Systems.
Overbuild. As of the date hereof, to Seller's knowledge, there is (i) no franchise issued or other application therefor pending with franchising authorities which relate to the operation of a CATV system within the Region by a party other than Seller, (ii) no party providing CATV service within the Region under a franchise granted by any local franchising authority and (iii) no party providing CATV service within the Region who has not obtained a franchise which permits the construction, operation and maintenance of a CATV system within the Region or any part thereof. To Seller's knowledge, within the past five years no operator of a CATV system has built, updated or otherwise constructed or operated any part of any CATV system within the area of the Region served by the CATV System operated by Seller.
Overbuild. Except as described on Section 3.21 of the Seller Disclosure Schedule, to the knowledge of Seller there is no existing or planned overbuild in the Territory or of any franchise or license to operate a cable television system within any portion of the Territory which has been issued to a Person other than Seller or Home Link.