Spectrum Rights definition
Examples of Spectrum Rights in a sentence
Each IUA shall contain the same tiered lease rates for all Spectrum Rights leased therein.
In consideration of the payment to HITN of the Option Consideration, HITN hereby grants to Clearwire an option (the "Option") for Clearwire (or its designee) to lease from HITN some or all of the Option Spectrum Rights, as determined by Clearwire on a Market by Market basis, free and clear of all Liens, pursuant to an individual use agreement in substantially the form attached as Exhibit B hereto (an "IUA").
With respect to each IUA for Option Spectrum Rights, if the FCC Rules should at any time not prohibit (i) lease terms in excess of fifteen (15) years or (ii) the same parties from entering into a new lease for a new fifteen (15) year term, the term (either the initial term or any renewal term) of each IUA then in effect and any new IUAs entered into after such date shall be automatically extended to the maximum term then permitted, not to exceed a maximum term of thirty (30) years for each IUA.
If at any time less than 85% of the aggregate Spectrum Rights of the Spectrum Entities are ESC-compliant based upon the compliance percentage assessed on the basis of FCC License or Underlying License (as defined below), as the case may be, from which the Spectrum Rights are derived, as provided in this Section 7.11, then the Borrower will take all commercially reasonable efforts to bring the Spectrum Rights into at least 85% ESC compliant within 90 days.
With respect to the closing upon each exercise of the Option as to the Option Spectrum Rights (each an "Option Closing"), such Option Closing will occur at the offices of Davis Wright Tremaine LLP, 2600 Century Square, 1501 Fourth Avenue, ▇▇▇▇▇l▇, ▇▇▇▇▇▇▇▇▇▇, at 10:▇▇ ▇.▇.
On the applicable Option Closing Date, to HITN's best knowledge, HITN shall not have granted with respect to any of the applicable FCC Licenses constituting Option Spectrum Rights under the applicable Exercise Notice any interference rights or agreements that would have a material impact the use of the Channels.
HITN shall have the right under this Section 1.02, but not the obligation, to lease to Flux additional Commercial Spectrum Capacity, consisting of all or part of the Channels and Markets listed on the attached Annex II up to the number of CPOPs equal to the CPOPs covered by the Pending Channels that have been contributed to or assigned to Flux by FFW as of such date (the "Extra Spectrum Rights"), free and clear of all Liens, pursuant to an IUA.
If HITN does not deliver an Extra Spectrum Notice as to any of the Extra Spectrum Rights within the Extra Spectrum Period, this Agreement shall terminate as to such Extra Spectrum Rights and Flux will have no further obligation or liability with respect to such Extra Spectrum Rights.
Upon expiration of the Term, (a) Arbios shall continue to have a fully paid-up, royalty-free, worldwi▇▇, ▇▇nexclusive license under the Spectrum Rights in the Field of Use to Develop, Make, Use and Distribute the Spectrum Technology, Arbios Improvements and Licensed Products; and (b) the Parties' resp▇▇▇▇▇▇ rights and obligations under Sections 1, 6, 7, 8 and 11 of this Agreement shall survive.
Accordingly, Select Spectrum shall not be liable hereunder for any claims, losses, or damages that Spectrum Rights Holder may incur as a result of participation in the Spectrum Marketplace described herein.