Preferred Placement Sample Clauses

Preferred Placement i3 guarantees that the Headlines provided by CNBC.xxx xxxeunder shall be the exclusive business and finance content appearing on each Designated Reseller's free tier of wireless data. To the extent technically feasible within i3's wireless platform, the Headlines shall be accorded Preferred Placement (as defined below) in the business and finance categories on all other platforms on which the Headlines are placed; provided, that such Preferred Placement shall not be subject to any exclusivity or Preferred Placement for such type of content which has been contracted for prior to the Effective Date by a third party not affiliated with i3. Preferred Placement shall mean (i) where a link to or display of content appears on a list, such link or content is in the default, top-most and left-most position; or (b) when a link to or display of content appears in a format other than a list, the link or content is more visually prominent, or at a higher rate of exposure, than other content partners.
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Preferred Placement. The Company shall promote favorably Hotel’s room inventory and products online and offline. The Company shall guarantee that, when selling online, Hotel’s room inventory and products will appear on the first page above the fold for the applicable destination search. Special fair Cancellation policy applies if at least one day is booked within fair dates.
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Preferred Placement. The Company shall promote favorably The Hotel du Collectionneur Arc De Triomphe Paris room inventory and products online and offline. The company shall guarantee that, when selling online they will appear on the first page above the fold for the applicable destination search.
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Preferred Placement. Each Distribution Agreement shall provide, to the extent technically feasible within the III wireless services, Preferred Placement (as defined below) for NBC's interactive properties and affiliates with respect to the type of content distributed pursuant to such Distribution Agreement (for example, a Distribution Agreement for MSNBX.xxx xxxld provide Preferred Placement for MSNBC in the news category); provided that III shall not be required to provide such Preferred Placement if exclusivity or Preferred Placement for such type of content has been provided, prior to the execution of the Distribution Agreement, to a third party not affiliated with III. Preferred Placement shall mean (a) where a link to or display of content appears on a list, such link or content is in the default, top-most and left-most position; or (b) when a link to or display or content appears in a format other than a list, the link or content is more visually prominent, or at a higher rate of exposure, than other content partners. 2 3. Promotion: (a) III will make five percent (5%) of its unused inventory of wireless advertising taglines available to the interactive properties of the NBC Entities following execution of any Distribution Agreement; provided that if more than one NBC Entity enters into a Distribution Agreement, the first two NBC Entities that enter into Distribution Agreements with III shall allocate such unused inventory equally between them. The value of this inventory for purpose of this Agreement shall be calculated at the III rate card for run of service taglines in effect at the time such taglines are ordered.
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Preferred Placement. Subject to any preferences accorded to any party in the Existing Arrangements, the DealerTrack Companies will give preferred placement of CREDCO Products on the DealerTrack Web Product, as determined by DealerTrack in its reasonable discretion.
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Related to Preferred Placement

  • Preferred Shares The Preferred Shares have been duly and validly authorized, and, when issued and delivered pursuant to this Agreement, such Preferred Shares will be duly and validly issued and fully paid and non-assessable, will not be issued in violation of any preemptive rights, and will rank pari passu with or senior to all other series or classes of Preferred Stock, whether or not issued or outstanding, with respect to the payment of dividends and the distribution of assets in the event of any dissolution, liquidation or winding up of the Company.

  • Subsequent Placements (a) From the date hereof until the Effective Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”).

  • Order Placement To place orders for the Trustee to create or redeem one or more Baskets, Authorized Participants must follow the procedures for creation and redemption referred to in Section 3 of this Agreement and the procedures described in Attachment A hereto (the “Procedures”), as each may be amended, modified or supplemented from time to time.

  • Preferred Stock Shares of Preferred Stock may be issued from time to time in one or more series, each of such series to have such terms as stated or expressed herein and in the resolution or resolutions providing for the creation and issuance of such series adopted by the Board of Directors as hereinafter provided. Authority is hereby expressly granted to the Board of Directors from time to time to issue the Preferred Stock in one or more series, and in connection with the creation of any such series, by adopting a resolution or resolutions providing for the issuance of the shares thereof and by filing a certificate of designation relating thereto in accordance with the DGCL (a “Certificate of Designation”), to determine and fix the number of shares of such series and such voting powers, full or limited, or no voting powers, and such designations, preferences and relative participating, optional or other special rights, and qualifications, limitations or restrictions thereof, including without limitation thereof, dividend rights, conversion rights, redemption privileges and liquidation preferences, and to increase or decrease (but not below the number of shares of such series then outstanding) the number of shares of any series as shall be stated and expressed in such resolutions, all to the fullest extent now or hereafter permitted by the DGCL. Without limiting the generality of the foregoing, the resolution or resolutions providing for the creation and issuance of any series of Preferred Stock may provide that such series shall be superior or rank equally or be junior to any other series of Preferred Stock to the extent permitted by law and this Second Amended and Restated Certificate (including any Certificate of Designation). Except as otherwise required by law, holders of any series of Preferred Stock shall be entitled only to such voting rights, if any, as shall expressly be granted thereto by this Second Amended and Restated Certificate (including any Certificate of Designation). The number of authorized shares of Preferred Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the DGCL.

  • Sale of Placement Shares On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon the Agent’s acceptance of the terms of a Placement Notice, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, the Agent, for the period specified in the Placement Notice, will use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares up to the amount specified, and otherwise in accordance with the terms of such Placement Notice. The Company acknowledges and agrees that (i) there can be no assurance that the Agent will be successful in selling Placement Shares, (ii) the Agent will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) the Agent shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by the Agent and the Company.

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