Data contract definition
Data contract means a contract the subject of which is data;
Data contract means, collectively, (i) any agreement between any one or more Data Subsidiaries and Person (other than an Affiliate of a Data Subsidiary) ('DATA CUSTOMER') (a) existing on the date of the Fourth Amendment Effective Date or (b) relating to the provision, operation or maintenance of telecommunications equipment, software or networks, and (ii) any equipment purchase agreement between any Data Subsidiary and a Data Customer relating to the purchase of multi-service, internet protocol platform ports and/or software and/or hardware related to the foregoing, in the case of clauses (i) and (ii) above, which agreement (A) requires such Data Subsidiary to obtain financing by an unaffiliated third party in order for such Subsidiary to perform any substantive portion of its obligations under such Data Contract, (B) relates to a discrete project described in clause (a) or (b) above and circumscribed from the CLEC Business of the Borrowers, and (C) does not provide for the up-front payment of any capital expenditures by the Data Customer prior to the Data Subsidiary performing under such agreement and PROVIDED that on or prior to the execution of any such agreement, KMC Holdings delivers to the Agents and Lenders an officer's certificate of the Chief Financial Officer of KMC Holdings certifying that such agreement cannot otherwise be financed by one or more Loan Parties (without regard to any applicable covenant restrictions on the financing contained in the Loan Documents) and cannot be performed by a Loan Party, including a reasonably detailed explanation of the assumptions underlying such conclusion.
Examples of Data contract in a sentence
Be sure to complete one copy of this Access to IDX Data contract with Realcomp and for every real estate Participant and Brokerage to which you provide services.
Be sure to complete one copy of this Access to IDX Data contract with Realcomp and for every Agent to which you provide services.
Deluxe Data contract for ATM switch services, $1,000 monthly, expires February 2002.
Be sure to complete one copy of this Access to IDX Data contract with ECAR and for every Agent to which you provide services.
Any disclosure of Data contract to this Agreement is unauthorized and is subject to penalties identified by law and the obligations under DRS Contract No. 22-19.