Requirements Commitment Clause Samples

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Requirements Commitment. Commencing twelve (12) months after ----------------------- execution hereof, Customer shall satisfy no less than seventy five percent (75%) of its requirements for all services which are substantially similar to and perform substantially the same function as the Services (including Colocation Space) through purchases from Level 3. Commencing eighteen (18) months after execution hereof and continuing for the remainder of the Term, Customer shall satisfy no less than ninety percent (90%) of its requirements for all services which are substantially similar to and perform substantially the same function as the Services through purchases from Level 3. Satisfaction of the foregoing percentage requirements will be determined by measuring Customer's use of (a) total Mbps of Broadband Services, and (b) total square feet of Colocation Space.
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Requirements Commitment. During the Amendment No. 3 Volume Commitment Term, Owner commits to purchase/license, and Vendor commits to sell/license, Vendor CDMA Products and Services for an Initial Build-Out for the New Amendment No. 3 Markets (excluding Owner’s *** markets) and the Amendment No. 5 Markets in the minimum configurations and associated prices as set forth in the “Initial Build Out” respective sections of Exhibits A03, A04 and A05 to the Contract. All purchases for any New Amendment No. 3 Markets or Amendment No. 5 Markets by Affiliates, if any, of the same types of Vendor products and services as provided in Exhibits A03, A04 or A05 shall be considered in determining whether this requirements commitment is satisfied. Owner shall provide Vendor with a one-time ninety (90) day advance written notice per Affiliate of its intent to have any such Approved Affiliate Contract purchases credited toward satisfaction of this commitment.” 5. Delete Section 2.0 (***) of Attachment 1 to Amendment No. 3 in its entirety and replace with the following: ***
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Requirements Commitment. (A) For any private line, including both long haul and local circuits, or waves services Customer desires to order during the Agreement Term which would be an on-net service for Level 3 but which Customer proposes to obtain from a party other than Level 3, Customer will present to Level 3 a bona fide offer from such other party stating the price and term for such service. Customer, on ***of such occasions (measured ***), will order such service from ▇▇▇▇▇ ▇ if Level 3’s price (provided within a reasonable period) *** than the other party, provided Customer elects to purchase such service at all (the “Requirements Commitment”). (B) Within thirty (30) days following the end of each annual period in which the Requirements Commitment is effective, Customer agrees to deliver to Level 3 written certification by an officer of Customer in a form substantially *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. similar to the form set forth in Appendix I attached hereto, certifying Customer’s compliance with the Requirements Commitment for the period just ending. (C) Customer agrees to keep and maintain all usual and proper books, records and other documentation relating to Customer’s purchase and utilization of private line circuits, including both long haul and local circuits. At any time while the Requirements Commitment is effective and for a period of one (1) year thereafter, Level 3 shall have the right, through an independent third party auditor that executes a non-disclosure agreement with Customer, on at least ten (10) days’ prior written notice to audit Customer’s books, records and other documentation relating to Customer’s compliance with the Requirements Commitment and Customer’s purchase and utilization of private line circuits, including both long haul and local circuits. The scope of the audit will not include Customer’s purchase and utilization of private line circuits, including both long haul and local circuits for any period that has previously been the subject of an audit. Any such audit shall be conducted during normal business hours and in a manner designed to limit to the fullest extent possible interference with the ordinary course of Customer’s business. The direct cost of the audit shall be borne by ▇▇▇▇▇ ▇, unless a deficiency is discovered with respect to the amount of purchase of private line circuits, including b...
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Requirements Commitment. Reseller shall, during the term hereof, seek to procure from Publisher Reseller's entire requirements for products of a same or similar type as the Products, except to the limited extent Reseller is unable to satisfy its requirements for such products by obtaining Products from Publisher.
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Requirements Commitment. Commencing twelve (12) months after ----------------------- execution hereof, Customer shall satisfy no less than ** of its requirements for all services which are substantially similar to and perform substantially the same function as the Services (including Colocation Space) through purchases from Level 3. Commencing eighteen (18) months after execution hereof and continuing for the remainder of the Term, Customer shall satisfy no less than ** of its requirements for all services which are substantially similar to and perform substantially the same function as the Services through purchases from Level 3. Satisfaction of the foregoing percentage requirements will be determined by measuring Customer's use of (a) total Mbps of Broadband Services, and (b) total square feet of Colocation Space.
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Requirements Commitment. During the Amendment No. 3 Volume Commitment Term, Owner commits to purchase/license, and Vendor commits to sell/license, Vendor CDMA Products and Services for an Initial Build-Out for the New Amendment No. 3 Markets (excluding Owner’s *** markets), the Amendment No. 5 Markets and the Amendment No. 7 Markets in the minimum configurations and associated prices as set forth in the “Initial Build Out” respective sections of E▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ and A09 to the Contract. All purchases for any New Amendment No. 3 Markets or Amendment No. 5 or Amendment No. 7 Markets by Affiliates, if any, of the same types of Vendor products and services as provided in E▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ and A09 shall be considered in determining whether this requirements commitment is satisfied. Owner shall provide Vendor with a one-time ninety (90) day advance written notice per Affiliate of its intent to have any such Approved Affiliate Contract purchases credited toward satisfaction of this commitment.” 7. Attachment 1, Exhibit A06 (Amendment No. 7 Markets Initial Build-Out Pricing (Voice)) shall be added to the Contract and incorporated therein. 8. Attachment 1, Exhibit A07 (Amendment No. 7 Markets Initial Build-Out Pricing (Voice)) shall be added to the Contract and incorporated therein. 9. Attachment 1, Exhibit A08 (Amendment No. 7 Markets Initial Build-Out Pricing (EVDO)) shall be added to the Contract and incorporated therein 10. Attachment 1, Exhibit A09 (Amendment No. 7 Markets Initial Build-Out Pricing (EVDO)) shall be added to the Contract and incorporated therein. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. 11. Except as specifically modified by Amendment No. 7, the Contract in all other respects shall continue in full force and effect.
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Related to Requirements Commitment

  • STAFF COMMITMENT If this Settlement Agreement is accepted by the Hearing Panel, Staff will not initiate any proceeding under the By-laws of the MFDA against the Respondent in respect of the facts set out in Part IV and the contraventions described in Part V of this Settlement Agreement, subject to the provisions of Part IX below. Nothing in this Settlement Agreement precludes Staff from investigating or initiating proceedings in respect of any facts and contraventions that are not set out in Parts IV and V of this Settlement Agreement or in respect of conduct that occurred outside the specified date ranges of the facts and contraventions set out in Parts IV and V, whether known or unknown at the time of settlement. Furthermore, nothing in this Settlement Agreement shall relieve the Respondent from fulfilling any continuing regulatory obligations.

  • Time Commitment The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in an appropriate manner consistent with the terms of this Agreement. The Company acknowledges that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated to the Company and may provide services to Persons other than the Company or any of its Affiliates.

  • L/C Commitment (a) Subject to the terms and conditions hereof, each Issuing Lender, in reliance on the agreements of the other Lenders set forth in Section 3.4(a), agrees to issue Letters of Credit upon the request and for the account of the Borrower (and for the benefit of the Borrower or any Subsidiary of the Borrower) on any Business Day during the Revolving Commitment Period in such form as may be approved from time to time by such Issuing Lender; provided that no Issuing Lender shall issue any Letter of Credit if, (i) after giving effect to such issuance, (A) the L/C Exposure would exceed the L/C Commitment or (B) the aggregate amount of the Available Revolving Commitments would be less than zero or (C) unless otherwise agreed to by such Issuing Lender, the L/C Exposure with respect to all Letters of Credit issued by such Issuing Lender would exceed such Issuing Lender’s Specified L/C Commitment or (ii) such Issuing Lender shall have received written notice from the Administrative Agent or the Borrower, at least one Business Day prior to the requested date of issuance or amendment of the applicable Letter of Credit, that one or more applicable conditions contained in Section 5.2 shall not have been satisfied. On the Restatement Effective Date, each Existing Letter of Credit shall be deemed to be a Letter of Credit issued hereunder for the account of the Borrower. Each Letter of Credit shall (i) be denominated in Dollars and (ii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date (as it may be extended, so long as the Available Revolving Commitments of all Continuing Lenders would equal or exceed zero following such extension); provided, however, that any Letter of Credit, whether newly requested or an existing Letter of Credit that is extended or automatically renewed, may have an expiration date after the Revolving Termination Date (so long as such expiration date remains in compliance with clause (x) above) so long as the Borrower cash collateralizes such Letter of Credit at 101% of the available face amount of such Letter of Credit on or prior to the date which is five Business Days prior to the Revolving Termination Date and the Administrative Agent and the relevant Issuing Lender providing such Letter of Credit agree to such expiration date at the time such Letter of Credit or extension is requested or at the time such existing Letter of Credit is to be automatically renewed, as applicable; provided further that any Letter of Credit (other than a Letter of Credit to which Section 2.18(c)(ii) applies) with a one-year term may provide for the renewal thereof for additional one-year periods (which shall only extend beyond the date referred to in clause (y) above if the condition described in the first proviso of this sentence is satisfied). (b) No Issuing Lender shall at any time be obligated to issue any Letter of Credit if (i) any order, judgment or decree of any Governmental Authority or arbitrator having jurisdiction over the Issuing Lender shall by its terms (x) purport to enjoin such Issuing Lender from issuing such Letter of Credit, or any Requirement of Law applicable to such Issuing Lender shall prohibit such Issuing Lender from the issuance of letters of credit, generally, or such Letter of Credit, in particular or (y) impose upon such Issuing Lender with respect to any such Letter of Credit any reserve, capital or liquidity requirement (for which such Issuing Lender is not compensated hereunder or otherwise by agreement of the Borrower) not in effect on the Restatement Effective Date or impose on such Issuing Lender any loss, cost or expense (for which such Issuing Lender is not compensated hereunder or otherwise by agreement of the Borrower) which such Issuing Lender in good ▇▇▇▇▇ ▇▇▇▇▇ material to it or (ii) the issuance of such Letter of Credit would violate the legal, regulatory or compliance policies of such Issuing Lender applicable to letters of credit generally, in each case, to the extent such policies and prohibitions are implemented to comply with applicable law or regulation binding upon such Issuing Lender and are being applied with respect to the Borrower consistently with such application thereof to all similarly situated Borrowers under similar circumstances.

  • Commitments and Applicable Percentages 5.01 Loan Parties Organizational Information 5.08(b)(1) Owned Real Estate 5.08(b)(2) Leased Real Estate 5.10 Insurance 5.13 Subsidiaries; Other Equity Investments

  • Revolver Commitment for any Lender, its obligation to make Revolver Loans and to participate in LC Obligations up to the maximum principal amount shown on Schedule 1.1, or as hereafter determined pursuant to each Assignment and Acceptance to which it is a party. “Revolver Commitments” means the aggregate amount of such commitments of all Lenders.