Definition of Basic Subscriber Sample Clauses

Definition of Basic Subscriber. The term "Basic Subscriber" ------------------------------ shall mean a subscriber of the System receiving at least basic cable service who has paid any applicable deposit and installation fee, who has been a subscriber for at least one (1) month prior to the Closing Date and paid the full non- discounted rate for at least one (1) month of service for all services subscribed to, who has been regularly billed pursuant to Seller's normal billing practices since becoming a subscriber and whose account is not sixty (60) days or more in arrears as of the Closing Date (except for past due amounts of $5.00 or less, provided such account is otherwise current), and who has not requested disconnection on or prior to the Closing Date. For purposes of determining arrearages, it shall be assumed that a subscriber's payment is due on the first day of the period for which the applicable billing relates. Forgiveness of a past due balance will not be considered a payment for purposes of calculating any arrearage. Seller shall use commercially reasonable efforts to invoice its subscribers, prior to the Closing Date, in a manner consistent with past billing practices. Any subscriber who has received any inducement in connection with his subscription, other than inducements described on Schedule 4.2 offered in the normal course of business ("Permitted Inducements"), shall not be counted as a Basic Subscriber unless all of his payment obligations for the three (3) months prior to the month in which the Closing Date occurs have been at the full non-discounted rate applicable to all services subscribed for and no part of the inducement is to be in effect after the Closing Date. Notwithstanding the foregoing, subscribers who are part of a bulk or commercial account or who otherwise pay other than the full non-discounted rate in effect in the System (pursuant to regularly discounted rates disclosed on Schedule 5.11 hereto, including senior discounts) shall be included in the number of Basic Subscribers (provided they meet all other requirements) according to the following formula: the monthly xxxxxxxx to all such subscribers for the month in which Closing occurs solely for the delivery of the basic and tier, if applicable, cable service they receive (i.e., excluding any xxxxxxxx for installation or reconnection, additional outlets, pay services, cable guides, or other premium services or special items, and any separately identified taxes and other pass- through charges) shall be d...
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