MFL Provision definition

MFL Provision means any covenant (whether constituting a covenant or an event of default) that requires the Company or any Subsidiary to (i) maintain any level of financial performance (including without limitation, any specified level of net worth, total assets, cash flows or net income, however expressed), (ii) maintain any relationship of any component of its capital structure to any other component thereof (including, without limitation, the relationship of indebtedness, senior indebtedness or subordinated indebtedness to total capitalization or to net worth, however expressed), (iii) maintain any measure of its ability to service its indebtedness (including, without limitation, exceeding any specified ratio of revenues, cash flow or income to interest expense, rental expense, capital expenditures and/or scheduled payments of indebtedness, however expressed) or (iv) not to exceed any maximum level of indebtedness, however expressed.
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MFL Provision means any covenant (whether constituting a covenant or an event of default) that requires the Company or any Subsidiary to
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MFL Provision is defined in Section 9.10(a).
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Examples of MFL Provision in a sentence

  • According to Wi-LAN, moreover, the “in the event” language does not alter the scope of the MFL Provision because the PCRA, read as a whole, clearly indicates that the MFL Provision only applies to the patents Wi-LAN had when it executed the PCRA.

  • The Texas court found that the MFL Provision did not apply because the Texas Patents were specifically addressed in the Damages Provision, but did not address whether the MFL Provision applied to patents Wi-LAN acquired after the execution of the PCRA.

  • Ericsson insists that, even though the MFL Provision uses present tense verbs, the MFL Provision also contains the conditional “in the event” language.

  • Wi-LAN explains that, although other sections of the PCRA specifically account for patents acquired in the future, the MFL Provision does not do so.

  • Because the Florida court found that the MFL Provision entitled Ericsson to a license that covered the Florida Patents, it dismissed all of the in- fringement claims and entered final judgment.

  • After first finding that no issue preclusion arose from the Texas court’s earlier consideration of the PCRA, the Florida court concluded that, because Wi-LAN accused Ericsson of infringing some of its patents by making, importing, using, selling, or offering to sell allegedly infringing HSPA-compliant products in the Texas litigation, the MFL Provision enabled Ericsson to demand a license that covered the Texas Patents under most-favored licensee terms.

  • The MFL Provision allows Ericsson to request a license at “most-favored licensee status” if Wi-LAN “owns or controls” patents not already addressed in the agreement “which are infringed or alleged to be infringed by UMTS/HSPA PRODUCTS.” The parties disagree about the correct interpretation of multiple parts of the MFL Provision, including whether it applies to patents that Wi-LAN acquired after the execu- tion of the PCRA.

  • See J.A. 667 (“In the event Wi-LAN owns or controls the licensing of patents not already addressed under this Agreement ” (emphases added)).Wi-LAN argues that the MFL Provision only applies to patents owned or controlled as of the date of the PCRA.

  • The MFL Provision uses the present tense to refer to patents that “WI-LAN owns or controls.” J.A. 667.

  • We therefore conclude that, based on the language of the PCRA as a whole, the MFL Provision only applies to Wi-LAN’s patents owned or controlled as of the effective date of the PCRA, which the Texas and Florida Patents were not.Because we conclude that the MFL Provision does not apply to patents acquired after the execution of the PCRA, Ericsson’s rights under the MFL Provision were not triggered by the Texas suit.


More Definitions of MFL Provision

MFL Provision shall have the meaning provided in Section 5.21.
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MFL Provision means any covenant (whether constituting a covenant or an event of default) that requires the General Partner, the Company or any Subsidiary to (i) maintain any level of debt service with respect to unencumbered assets or (ii) limits or restricts the payment of dividends; provided, that, for the avoidance of doubt, as of the date of Closing, a MFL Provision shall include the “Unencumbered Asset Pool Debt Service Coverage” and “Dividends” covenants set forth in Section 5.8(e) and (f), respectively, of the Bank Credit Agreement.
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MFL Provision means any (a) covenant (whether constituting a covenant or an event of default) that requires the Company or any Subsidiary to (i) maintain any level of financial performance (including without limitation, any specified level of net worth, total assets, cash flows or net income, however expressed), (ii) maintain any relationship of any component of its capital structure to any other component thereof (including, without limitation, the relationship of indebtedness, senior indebtedness or
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MFL Provision means any covenant (whether constituting a covenant or an event of default) that requires the General Partner, the Company or any Subsidiary to (i) maintain any level of debt service with respect to unencumbered assets or (ii) limits or restricts the payment of
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MFL Provision means any (a) covenant (whether constituting a covenant or an event of default) that requires the Company or any Subsidiary to (i) maintain any level of financial performance (including without limitation, any specified level of net worth, total assets, cash flows or net income, however expressed), (ii) maintain any relationship of any component of its capital structure to any other component thereof (including, without limitation, the relationship of indebtedness, senior indebtedness or subordinated indebtedness to total capitalization or to net worth, however expressed), (iii) maintain any measure of its ability to service its indebtedness (including, without limitation, exceeding any specified ratio of revenues, cash flow or income to interest expense, rental expense, capital expenditures and/or scheduled payments of indebtedness, however expressed) or (iv) not to exceed any maximum level of indebtedness, however expressed; provided, that a MFL Provision shall not include any level of fixed charge coverage or measurement of borrowing availability based on “Unencumbered Pool Property” (or similar term) determinations or valuations under the Primary Credit Facility or (b) threshold in any “cross-default”, “cross acceleration” or “judgment” event of default.
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Related to MFL Provision

  • Additional Provisions shall have the meaning set forth in Section 15.01.

  • Supplemental Provisions means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education.

  • General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;

  • Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.

  • Special Provisions Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail.

  • statutory provision means a provision of an Act or of an instrument made under an Act.

  • ESG Pricing Provisions has the meaning specified in Section 2.18.

  • Arrangement Provisions means Part 9, Division 5 of the BCBCA;

  • Optional Deferral Provision means, as to any Qualifying Capital Securities, a provision in the terms thereof or of the related transaction agreements to the effect that:

  • URL Terms means the terms with which Customer must comply, which are located at a URL, referenced in this Agreement and are hereby incorporated by reference.

  • Restricted network provision means any provision which conditions the payment of benefits, in whole or in part, on the use of network providers.

  • Surviving Provisions has the meaning specified in Section 10.02.

  • Transfer Provisions means the provisions of Section 00-00-000 of the FILOT Act, as amended or supplemented from time to time, concerning, among other things, the necessity of obtaining County consent to certain transfers. Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement shall include any and all amendments, supplements, addenda, and modifications to such agreement or document.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Terms of Reference (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.

  • Terms-of-service agreement means an agreement that controls the relationship between a user and a custodian.

  • Restriction Agreement means the agreement setting forth the terms of an Award, and executed by a Grantee as provided in Section 7.1 hereof.

  • Business Associate Agreement means an agreement between DSHS and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHI) in accordance with HIPAA requirements and provides obligations for business associates to safeguard the information.

  • Restrictive procedures means the use of physical holding or seclusion of children with disabilities in an emergency. Because the special education director reported the district intends to continue the use of physically holding children with disabilities in an emergency, the district is required to maintain and make publicly accessible a restrictive procedures plan (RPP) for children with disabilities. Minnesota Statute requires that the plan must, at least, list the restrictive procedures the school intends to use; describe how the school will monitor and review the use of restrictive procedures; and include a written description and documentation of the training school personnel completed.

  • provisions means "provisions, terms, agreements, covenants and/or conditions"; (iii) "lien" shall mean "lien, charge, encumbrance, title retention agreement, pledge, security interest, mortgage and/or deed of trust"; (iv) "obligation" shall mean "obligation, duty, agreement, liability, covenant and/or condition"; (v) "any of the Leased Premises" shall mean "the Leased Premises or any part thereof or interest therein"; (vi) "any of the Land" shall mean "the Land or any part thereof or interest therein"; (vii) "any of the Improvements" shall mean "the Improvements or any part thereof or interest therein"; (viii) "any of the Equipment" shall mean "the Equipment or any part thereof or interest therein"; and (ix) "any of the Adjoining Property" shall mean "the Adjoining Property or any part thereof or interest therein".

  • Terms of Reference (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the Assignment/job.

  • Service Terms means the rights and restrictions for particular Services located at xxxx://xxx.xxxxxx.xxx/serviceterms (and any successor or related locations designated by us), as may be updated by us from time to time.

  • Restrictive Covenant Agreement means any agreement, and any attachments or schedules thereto, entered into by and between the Participant and the Partnership or its Affiliates, pursuant to which the Participant has agreed, among other things, to certain restrictions relating to non-competition (if applicable), non-solicitation and/or confidentiality, in order to protect the business of the Partnership and its Affiliates.

  • Relevant Provisions means, in respect of the Determination Agent, the provisions of the Determination Agency Agreement, the Trust Deed, and the Conditions.

  • Terms of Reference (TORs) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Procuring Entity and the Consultant, and expected results and deliverables of the assignment.

  • Standard Terms of Supply means the standard terms and conditions for Call-off Contracts set out in Schedule 5.