Applicable Conditions means (a) there is no Default or Event of Default existing immediately before or after such transaction, (b) (x) the 30 Day Availability immediately preceding the proposed transaction and (y) Availability on the date of the proposed transaction (in each case, calculated on a pro forma basis for such transaction and/or any Advance) is equal to or greater than the greater of (i) 12.5% of Available Credit and (ii) $60,000,000 and (c) for transactions in an amount in excess of $50,000,000, Parent Borrower shall have delivered a customary Officer’s Certificate to Agent certifying as to compliance with the requirements of clauses (a) and (b).
Applicable Conditions means collectively the Subscription Period together with the types of Devices, Permitted Number of Devices, other transaction terms, conditions and documents you accepted when you acquired the Solution (including any terms and conditions of sale), and any distribution agreement, reseller agreement, partner agreement or other agreement between you and Vendor or other member of Vendor Group, as well as the other limitations described by Section 2 and the Documentation.
Applicable Conditions means collectively the Subscription Term together with the types of Devices, Permitted Number of Devices, other limitations described by Section 2, the Documentation or the transaction documents under which you acquired the Solution. This Agreement supersedes and replaces any other agreement you previously entered into with respect to a prior version of the Solution. Vendor may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of, or decision not to seek a refund for, any Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Vendor may require that you accept the amended Agreement in order to continue using Solutions you have previously purchased. If you decline to accept the amendment of this Agreement, Vendor may terminate your use of the affected Solutions, in which case you may obtain a refund of the Fees for the Solutions (prorated for the unexpired or unused portion of the Subscription Term) by following the instructions at xxxxx://xxx.xxxxx.xxx/en- us/faq.php?article=AVKB24#idt_0440 (where Vendor is Avast Software s.r.o) or xxxxx://xxxxxxx.xxx.xxx/SupportArticleView?l=en&urlName=What-is-AVG-refund-policy (where Vendor is AVG Netherlands BV) or xxxx://xxx.xxxxxxxxx.xxx/legal/refunds (where Vendor is Privax Limited).
Examples of Applicable Conditions in a sentence
This Section 13.2 applies: (i) to the extent the Applicable Conditions authorize you to use CloudCare, Managed Workplace, Avast Business Services, CCleaner Business Edition, or other Solutions in providing MSP Services to third parties; and (ii) to all licenses to use CCleaner Cloud for Business.
This Section 14.5 applies to the extent the Applicable Conditions authorize you to use CloudCare or Managed Workplace in providing MSP Services to third parties.
Vendor grants to you a non-exclusive license to use the Solution and the Documentation for the agreed period indicated in the Applicable Conditions, including any extensions or renewals (the “Subscription Term”), provided that you agree to the terms and conditions of this Agreement.
You may permit the number of technicians specified by the Applicable Conditions to use the Solution to perform optimization services and repairs to Devices owned by you (if you purchased an enterprise subscription) or third parties (if you purchased a breakfix subscription).
Vendor grants to you a non-exclusive license to use the Solution and the Documentation for the agreed period indicated in the Applicable Conditions, including any extensions or renewals of the agreed period (the “Subscription Period”), provided that you agree to the terms and conditions of this Agreement.
More Definitions of Applicable Conditions
Applicable Conditions means collectively the Subscription Period together with the types of Devices, Permitted Number of Devices, other transaction terms, conditions and documents you accepted when you acquired the Solution (including any terms and conditions of sale), and any distribution agreement, reseller agreement, partner agreement or other agreement between you and Vendor or other member of Vendor Group, as well as the other limitations described by Section 2 and the Documentation. Please note that this Agreement comes in two parts. Sections 1 through 12 of this Agreement apply to all Solutions, including those listed below. Section 13 sets out additional terms and conditions affecting specific Solutions or categories of Solutions, including Third Party Software, Services and other Products (Section 13.1); Managed Service Provider Licenses (Section 13.2); Browser Cleanup (Section 13.3); WiFi Finder (Section 13.4); Avast Family Space (also sold as Star Guard Family, Vodafone Family Protect and WINDTRE Family Protect) (Section 13.5); Mobile Apps (Section 13.6); Technician Edition (Section 13.7); Assurance Plan (Section 13.8); Premium Technical Support (Section 13.9); Remote Access; Assistance Software (Section 13.10); Avast Driver Updater (Section 13.11), Avast Secure Web Gateway or Avast Secure Internet Gateway (Section 13.12), certain HMA services (Section 13.13), Vendor’s Virtual Private Network Solutions (Section 13.14), any dongle or appliance Avast provides you as part of your subscription (Section 13.15), and Mobile Threat Intelligence Platform (Section 13.16). This Agreement supersedes and replaces any other agreement you previously entered into with respect to a prior version of the Solution. Vendor may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of any affected Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Vendor may require that you accept the amended Agreement in order to continue using any affected Solution you have previously acquired. If you decline to accept the amended Agreement, Vendor may terminate your use of such affected Solution, in which case you may obtain a refund for the portion of the subscription fee you have paid for the unexpired or unused portion of the Subscription Period by following the instructions found here.
Applicable Conditions means the conditions or requirements advertised for the sale of the Flexi Living Home Packages;
Applicable Conditions means all conditions set forth in Section 7.1 and Section 7.2 (other than those conditions that by their nature are to be satisfied by actions taken at the Closing, which shall be capable of being satisfied at the Closing).
Applicable Conditions means the conditions under which the Great Britain certificate is held, subject to such modifications as may be specified in the certificate of approval;
Applicable Conditions means as to any relevant action contemplated:
Applicable Conditions means the conditions or requirements advertised for the sale of the Block;
Applicable Conditions means that each of the following conditions are satisfied at the time of each action or proposed action and immediately after giving effect thereto: (i) no Default or Event of Default has then occurred and is continuing or would result from any such action, (ii) the Fixed Charge Coverage Ratio for the period of four consecutive Fiscal Quarters most recently ended for which financial statements have been delivered to the Administrative Agent pursuant to Section 5.1(a) or (b), as applicable, would have been at least 1.10 to 1.00 (or 1.00 to 1.00 in the case of a Permitted Acquisition) on a pro forma basis immediately after giving effect to such action, (iii) Global Excess Availability and 90-Day Global Excess Availability on the date of the action or proposed action (calculated after giving effect to any Advances or Letters of Credit then being made or issued in connection with the action or proposed action (and assuming that such Advances and Letters of Credit had remained outstanding throughout the applicable 90-day period (or such shorter period, as applicable) for which 90-Day Global Excess Availability is to be determined)) exceed the greater of (x) twenty-five percent (25.0%) (or twenty (20.0%) in the case of a Permitted Acquisition) of the lesser of (A) the Maximum Credit at such time and (B) the Borrowing Base at such time and (y) $8,000,000 (or $6,000,000 in the case of a Permitted Acquisition), and (iv) the Lead Borrower shall have delivered to the Administrative Agent a certificate of an Authorized Officer of the Lead Borrower certifying as to compliance with preceding clauses (i) through (iii) and demonstrating (in reasonable detail) the calculations required by preceding clauses (ii) and (iii).