Allocation of Channel Capacity Sample Clauses

Allocation of Channel Capacity. Pursuant to the Channel Sharing Rules, during the Shared Use Term the parties shall share the Shared Channel as set forth on Schedule 2.1, which may be modified from time to time by mutual written agreement of the parties (the “Baseline Spectrum Allocation”). Each party shall retain sufficient spectrum usage rights to allow it to provide at least one Standard Definition (SD) over-the-air program stream at no direct charge to viewers at all times. The parties shall implement a mutually beneficial weighting system and use the software optimization technology of statistical multiplexing (“Stat Mux”) or a successor technology mutually agreed upon by the parties. Each party shall designate one program stream with the highest priority within its allocated capacity, with each such program stream afforded an equivalent level of high priority. All other program streams shall have a lesser priority, and the parties shall, consistent with good engineering practices, cooperate to devise a system that produces the best results for each party with minimum picture degradation, subject to the constraints imposed by the agreed allocation of capacity among the parties hereto.
Allocation of Channel Capacity. From and after the Commencement Date (as such term is defined in Section 3.1), pursuant to the Channel Sharing Rules, Sharer and ▇▇▇▇▇▇ shall share the 6 MHz Shared Channel (19.39 Megabits per second ("Mbps") as allocated under the current ATSC 1.0 standard) utilizing the post-auction capacity allocation set forth on Schedule 1.4 ("Capacity Allocation") and statistical multiplexing ("Stat Mux"), as set forth in the Engineering Plan on Schedule 2.1, which may be modified from time to time by mutual written agreement of the parties. At a minimum, each Station shall retain spectrum usage rights adequate to ensure a sufficient amount of capacity on the Shared Channel to allow each Station to provide at least one (1) Standard Definition ("SD") program stream at all times. The parties shall meet and confer from time to time to review and revise the Engineering Plan set forth on Schedule 2.1, and the Shared Operating Plan, as further
Allocation of Channel Capacity. From and after the Commencement Date (as such term is defined in Section 3.1), pursuant to the Channel Sharing Rules, Sharer and ▇▇▇▇▇▇ shall share the 6 MHz Shared Channel (19.39 Megabits per second (“Mbps”) as allocated under the current ATSC 1.0 standard) utilizing the post-auction capacity allocation set forth on Schedule 1.4 (“Capacity Allocation”) and statistical multiplexing (“Stat Mux”), as set forth in the Engineering Plan on Schedule 2.1, which may be modified from time to time by mutual written agreement of the parties. At a minimum, each Station shall retain spectrum usage rights adequate to ensure a sufficient amount of capacity on the Shared Channel to allow each Station to provide at least one (1) Standard Definition (“SD”) program stream at all times. The parties shall meet and confer from time to time to review and revise the Engineering Plan set forth on Schedule 2.1, and the Shared Operating Plan, as further described in Section 3.4. Sharer and ▇▇▇▇▇▇ shall implement a weighting system as allowed by the encoding pool to enable each party to prioritize its program streams rather than use a fixed allocation of bits of the Shared Channel. In connection therewith, in the event that either party uses its Capacity Allocation to transmit more than one program stream, (i) that party will designate one program stream with the highest priority within its allocated capacity and (ii) all of that party’s other program streams will have a lesser priority as mutually agreed by the parties based on empirical testing by Sharer and ▇▇▇▇▇▇, and the parties shall cooperate to devise a system that produces the best results for each party’s Station with minimum picture degradation. In the event the parties are unable to agree on a system, the parties shall implement a fixed allocation of bits of the Shared Channel for their respective broadcast needs.
Allocation of Channel Capacity. From and after the Commencement Date (as such term is defined in Section 3.1), pursuant to the Channel Sharing Rules, Sharer and ▇▇▇▇▇▇ shall share the 6 MHz Shared Channel (19.39 Megabits per second (“Mbps”) as al.

Related to Allocation of Channel Capacity

  • OPERATIONAL CAPABILITY Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor has the operational and financial capability to perform the Contract.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Financial Capacity (a) Taking into account the Financing Commitment, such Purchaser has, and at the Closing will have, sufficient resources to pay, in cash any and all amounts necessary for it to consummate the transactions contemplated hereby at the Closing, including payment of its Pro Rata Share of the Seller Purchase Price and the Company Purchase Price, and in the case of Purchaser A only, the Additional Company Purchase Price and the Election Purchase Price (to the extent payable hereunder) and all the fees and expenses expressly required to be paid by such Purchaser hereunder without any restrictions to transfer such funds at Closing to the Seller and the Company, as and to the extent required to be paid pursuant to, and subject to the terms of, this Agreement. The Sponsor affiliated with such Purchaser has, and at the Closing will have, sufficient resources to meet its obligations under its Commitment Letter as they become due. (b) As of the date of this Agreement, such Purchaser has delivered to the Seller a true, correct and complete copy of the Commitment Letter provided by its affiliated Sponsor, dated as of the date hereof. Such Commitment Letter has not been amended or modified, and the respective commitments contained in such Commitment Letter have not been withdrawn, terminated or rescinded. Such Commitment Letter (i) is in full force and effect, (ii) constitutes the legal, valid and binding obligation of such Purchaser and the Sponsor party thereto, and (iii) is enforceable by the Seller and the Company against such Purchaser and the Sponsor party thereto, in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other Legal Requirements of general applicability relating to or affecting creditors’ rights and to general equity principles. There are no side letters or other Contracts related to the funding or investing, as applicable, of the applicable Financing Commitment other than such Commitment Letter. There are no conditions precedent to the consummation of such Financing Commitment other than those set forth in such Commitment Letter. As of the date of this Agreement, the Sponsor affiliated with such Purchaser is not subject to bankruptcy proceedings. (c) Notwithstanding anything to the contrary contained herein, in no event shall this Section 4.4 be deemed breached (and no condition set forth in Section 6.3 shall be deemed to have failed as a result of any actual or alleged breach of this Section 4.4), if (notwithstanding any actual or alleged breach), such Purchaser is willing and able to consummate its obligations at the Closing if and when it is otherwise required to do so under the terms and conditions of this Agreement.

  • Financial Capability At the Closing, the Investor shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

  • Not Acting in Individual Capacity Except as provided in this Article VI, in accepting the trusts hereby created Wilmington Trust Company acts solely as Owner Trustee hereunder and not in its individual capacity, and all Persons having any claim against the Owner Trustee by reason of the transactions contemplated by this Trust Agreement or any Basic Document shall look only to the Owner Trust Estate for payment or satisfaction thereof.