Availability Business definition

Availability Business means the business of SDS and its Subsidiaries identified as “Availability Services” in SDS’s filings with the SEC, including SDS’s Form 10-K and financial statements for the year ended December 31, 2013, to the extent such business is conducted by the Availability Group immediately prior to the Distribution Date.
View Source
Availability Business means the business of SDS and its Subsidiaries identified as “Availability Services” in SDS’s filings with the SEC, including SDS’s Form 10-K and financial statements for the year ended December 31, 2013 (or as otherwise conducted by Licensee and its subsidiaries between December 31, 2013 and the Effective Date), to the extent such business is conducted by the Availability Group immediately prior to the Distribution Date, and any extension thereof conducted by Licensee or its subsidiaries after the Distribution Date, but not any extension directly competitive with (at the time of the use of the SAS ▇▇▇▇) any SDS Software or services of SDS or its subsidiaries related to such SDS Software.
View Source

Examples of Availability Business in a sentence

  • Licensor may terminate the license and this Agreement immediately by giving written notice of termination to Licensee if Licensee discontinues the Availability Business as substantially conducted as of the Effective Date or discontinues its use of the Licensed Marks for the purposes for which it is licensed hereunder.

  • As soon as commercially practicable after the Effective Date, Licensee shall place hyperlinks on the main Web page associated with each Pointer Domain Name, in a format reasonably acceptable to Licensor, from which visitors to such Web page will have the choice of connecting to either (a) a Web site of Licensee used in connection with the Availability Business; or (b) a Web site of Licensor used in connection with the SDS Business (a “Landing Page”).

  • Licensor shall prepare and file trademark applications for registration of the SAS ▇▇▇▇ in the field of the Availability Business at any time during the Term upon the written request of Licensee and at Licensee’s sole cost and expense.

  • Each Party agrees that, upon the Effective Date and during the Term, its main Web home page will display a notice, in a format reasonably acceptable to the Parties, that the Availability Business now has a separate Web site from the Web site of Licensor and its Affiliates, and will contain a hyperlink that will enable users to connect to the other Party’s main Web home page.

  • The Parties hereby acknowledge and agree that all of the Trademark rights granted by Licensor to Licensee hereunder (including, but not limited to, the ▇▇ ▇▇▇▇▇) are granted solely for use by Licensee and its authorized sublicensees or any Acquirer (who is not a SDS Competitor) in connection with Licensee’s operation of the Availability Business, except as specified in Sections 2.03(b) and (c) below.

  • Licensor has agreed to grant to Licensee, and Licensee desires to obtain from Licensor, a license to the Licensed Marks (as defined below) for use in connection with the Availability Business, subject to the terms and conditions of this Agreement.

  • Any Maintenance Events that occur during Core Availability Business Hours, and which were not requested or caused by the University, shall be considered downtime for the purpose of service availability measurement.

  • The validity of any such interpretation, construction, decision, or finding of fact made prior to a Change in Control shall not be given de novo review if challenged in court, by arbitration, or in any other forum, and shall be upheld unless clearly arbitrary or capricious; the de novo standard of review shall apply with respect to any interpretation, construction, decision, or finding of fact made after a Change in Control.

  • Core Availability Business Hours: 0800-2000 GMT Monday to Friday (inclusive).

  • The standard maintenance window for all Provider platforms, unless otherwise noted within this Agreement, is as follows: Service Availability Business Days: This is scheduled availability.

Related to Availability Business

  • Availability Amount is (a) the lesser of (i) the Revolving Line or (ii) the amount available under the Borrowing Base minus (b) the outstanding principal balance of any Advances.

  • Service Availability The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.

  • Qualified business facility means any building, complex of

  • Availability Reserves means, without duplication of any other Reserves or items that are otherwise addressed or excluded through eligibility criteria, such reserves as the Agent from time to time determines in its discretion as being appropriate (a) to reflect the impediments to the Agent’s ability to realize upon the Collateral, (b) to reflect claims and liabilities that the Agent determines may need to be satisfied in connection with the realization upon the Collateral, (c) to reflect criteria, events, conditions, contingencies or risks which the Agent believes in good faith could adversely affect any component of the Borrowing Base, or the assets, business, financial performance or financial condition of any Loan Party, or (d) to reflect that a Default or an Event of Default then exists. Without limiting the generality of the foregoing, Availability Reserves may include, in the Agent’s discretion, (but are not limited to) reserves based on: (i) rent; (ii) customs duties, and other costs to release Inventory which is being imported into the United States; (iii) outstanding Taxes and other governmental charges, including, without limitation, ad valorem, real estate, personal property, sales, claims of the PBGC and other Taxes which may have priority over the interests of the Agent in the Collateral; (iv) salaries, wages and benefits due to employees of any Borrower, (v) Customer Credit Liabilities, (vi) customer deposits, (viii) reserves for reasonably anticipated changes in the Appraised Value of Eligible Inventory between appraisals, (viii) warehousemen’s or bailee’s charges and other Permitted Encumbrances which may have priority over the interests of the Agent in the Collateral, (ix) amounts due to vendors on account of consigned goods, (x) Cash Management Reserves, (xi) Bank Products Reserves and (xii) royalties payable in respect of licensed merchandise.

  • Availability Credit means the remedy IBM will provide for a validated Claim. The Availability Credit will be applied in the form of a credit or discount against a future invoice of subscription charges for the Service.