CAPACITY UPGRADES definition
CAPACITY UPGRADES means (a) any and all physical additions, improvements or upgrades to the Project that are contemplated by the Construction Contract or the System Configuration to upgrade Capacity in increments of at least 40 gigabits per second, and (b) any other physical additions, improvements or upgrades to the Project that the Independent Engineer certifies to the Administrative Agent will add to the overall value of the Project, PROVIDED that in the case of (b), such addition, improvement or upgrade (i) could not reasonably be expected to have an adverse effect (other than a temporary or minor adverse effect) on the normal use or operation of the Project, (ii) will not require the Company to enter into any Additional Contract or otherwise amend any Project Document, except as permitted by Sections 6.10 and 6.12, (iii) will not otherwise result in a Default or Event of Default and (iv) could not reasonably be expected to have a Material Adverse Effect.
CAPACITY UPGRADES means (a) any and all physical additions, improvements or upgrades to the Project that are contemplated by the Construction Contract or the System Configuration to upgrade Capacity in increments of at least 40 gigabits per second, and (b) any other physical additions, improvements or upgrades to the Project
CAPACITY UPGRADES means (a) any and all physical additions, improvements or upgrades to the Project that are contemplated by the Construction Contract or the NACS Construction Contract or in connection with lighting the Backhaul Elements to upgrade Capacity in increments of at least 40 gigabits per second (for dense wavelength division multiplexing equipment only), and (b) any other physical additions, improvements or upgrades to the Project that the Independent Engineer certifies to the Administrative Agent will add to the overall value of the Project and, prior to the Conversion Date, will be within the Project Budget, PROVIDED that in the case of (b), such addition, improvement or upgrade (i) could not reasonably be expected to have an adverse effect (other than a temporary or minor adverse effect) on the normal use or operation of the Project, (ii) will not require the Company to enter into any Additional Contract or otherwise amend any Project Document, except as permitted by Sections 6.10 and 6.12, (iii) will not otherwise result in a Default or Event of Default and (iv) could not reasonably be expected to have a Material Adverse Effect.