Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder. 6.2 Assurance of payment of charges may be requested by Verizon if CBB (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB in respect of any amounts to be paid by CBB hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB has provided Verizon with such assurance of payment. 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 3 contracts
Sources: Service Agreement, Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at 10.1 At any time and from time to timetime based on the conditions set forth in this Section 10, Verizon may request, and Cordia shall provide to Verizon Verizon, adequate assurance of payment of amounts due and payable (or to become duedue and payable) to Verizon hereunder.
6.2 Assurance 10.2 Verizon may request, and Cordia shall provide, assurance of payment of charges may be requested by Verizon if CBB Cordia (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ undisputed charges set forth in an Invoice (as such term is defined in Section 13) rendered to CBB Cordia by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ an Invoice rendered to CBB Cordia by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at on or after the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthycreditworthy to Verizon’s reasonable satisfaction, or (d) admits its inability is unable to pay its debts as such debts become duedue and payable, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 10.3 Unless otherwise agreed in writing by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to VerizonVerizon in its sole discretion. The Such letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, including both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Cordia in connection with this Agreement. If CBB Cordia meets the condition in subsection 6.2(d10.2(d) above or has failed to timely pay undisputed charges in two or more bills Invoices rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at in its optionsole discretion, demand (and CBB Cordia shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed invoiced charges no more frequently than once per Calendar Quartercalendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 10.4 Verizon may (but is shall not be obligated to) draw on upon the letter of credit upon notice to CBB Cordia in respect of any amounts to be paid by CBB Cordia hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 10.5 If Verizon draws on upon the letter of credit, upon request by Verizon, CBB Cordia shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.310.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for 10.6 Should Cordia fail to provide assurance of payment in accordance with the terms as required by this Section 10, such failure shall constitute an act of this Sectionmaterial breach. Without limiting any other rights or remedies to which Verizon may be entitled as a result of such material breach, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Cordia has provided Verizon with such the required assurance of payment.
6.9 10.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Cordia from compliance its obligation to comply with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for the Services, nor shall such request constitute a waiver or modification of the terms herein pertaining to the discontinuance of the Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 3 contracts
Sources: Wholesale Advantage Services Agreement (Cordia Corp), Wholesale Advantage Services Agreement (Cordia Corp), Wholesale Advantage Services Agreement (Cordia Corp)
Assurance of Payment. 6.1 Upon request by Verizon, CBB Emergency shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Emergency or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Emergency by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Emergency by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Emergency in connection with this Agreement. If CBB Emergency or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Emergency shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Emergency in respect of any amounts to be paid by CBB Emergency hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB Emergency shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Emergency has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Emergency from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 3 contracts
Sources: Service Agreement, Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, GNAPS shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB GNAPS (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to GNAPS by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB GNAPS in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB GNAPS in respect of any amounts to be paid by CBB GNAPS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB GNAPS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB GNAPS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB GNAPS from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 3 contracts
Sources: Service Agreement, Interconnection Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, PCS shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PCS (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to PCS by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PCS in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB PCS in respect of any amounts to be paid by CBB PCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB PCS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PCS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PCS from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 3 contracts
Sources: Service Agreement, Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, D&E shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB D&E (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to D&E by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB D&E in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB D&E in respect of any amounts to be paid by CBB D&E hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB D&E shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB D&E has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB D&E from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 3 contracts
Sources: Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.), Agreement (D&e Communications Inc)
Assurance of Payment. 6.1 Upon request by Verizon, CBB CLEC Party shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB CLEC Party or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB CLEC Party by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB CLEC Party by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB CLEC Party in connection with this Agreement. If CBB CLEC Party or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB CLEC Party shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB CLEC Party in respect of any amounts to be paid by CBB CLEC Party hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB CLEC Party shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB CLEC Party has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB CLEC Party from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 3 contracts
Sources: Telecommunications Services Agreement, Service Agreement, Service Agreement
Assurance of Payment. 6.1 (a) At any time and from time to time, based on the conditions set forth in this Section 7, Verizon may request, and One Communications shall provide to Verizon, adequate assurance of payment of amounts due (or to become due) to Verizon under the Amended Agreement in the applicable State (or, in the case of Choice One NY, in the State of New York, the arrangements under which Verizon and Choice One NY are operating).
(b) Upon request by Verizon, CBB One Communications shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance hereunder if (i) One Communications in any two (2) months out of payment any twelve (12) consecutive month period fails to pay when due to Verizon amounts not subject to a bona fide dispute (including, without limitation, such past due amounts from previous billing periods) that in total equal or exceed five percent (5%) of charges may be requested the total amount not subject to a bona fide dispute due to Verizon during that month for Services billed by Verizon if CBB (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (b) on or after the Effective Date, and fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, cure such nonpayment within five (c5) in business days of Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, written notice of nonpayment or (dii) One Communications admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts reorganization or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 . Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be , in an amount equal to two (2) months anticipated charges (including, but not limited towithout limitation, both recurring and non-recurring chargescharges in the State in question), as reasonably determined by Verizonthe most recent two (2) months ▇▇▇▇▇▇▇▇ (but not including Backbill Amounts), for the Services Services, facilities or arrangements to be provided by Verizon to CBB One Communications in connection with this Agreementthe Interconnection Agreement(s) (or, in the case of Choice One NY, in the State of New York, the arrangements under which Verizon and Choice One NY are operating). If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB One Communications in respect of any amounts not subject to be paid by CBB a bona fide dispute billed hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.thirty
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB shall, at any time and from time to time, Rhythms shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Rhythms (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to Rhythms by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Rhythms in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Rhythms in respect of any amounts to be paid by CBB Rhythms hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Rhythms shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment and Rhythms fails to provide such payment in 30 days in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Rhythms has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Rhythms from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB MMG shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB MMG (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB MMG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB MMG by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB MMG in connection with this Agreement. If CBB MMG meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB MMG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB MMG in respect of any amounts to be paid by CBB MMG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB MMG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB MMG has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB MMG from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB FTCS shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB FTCS (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB FTCS by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB FTCS by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB FTCS in connection with this Agreement. If CBB FTCS meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB FTCS shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB FTCS in respect of any amounts to be paid by CBB FTCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB FTCS shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB FTCS has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB FTCS from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB WCS shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB WCS (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB WCS by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB WCS by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB WCS in connection with this Agreement. If CBB WCS meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB WCS shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB WCS in respect of any amounts to be paid by CBB WCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB WCS shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB WCS has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB WCS from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB Connectel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Connectel (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Connectel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Connectel by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Connectel in connection with this Agreement. If CBB Connectel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Connectel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quartercalendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Connectel in respect of any amounts to be paid by CBB Connectel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Connectel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Connectel has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Connectel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB ATI shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ATI (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB ATI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB ATI by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ATI in connection with this Agreement. If CBB ATI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB ATI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ATI in respect of any amounts to be paid by CBB ATI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB ATI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon ▇▇▇▇▇▇▇ makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ATI has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ATI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB Cost Plus shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Cost Plus (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Cost Plus by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Cost Plus by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Cost Plus in connection with this Agreement. If CBB Cost Plus meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Cost Plus shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Cost Plus in respect of any amounts to be paid by CBB Cost Plus hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Cost Plus shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Cost Plus has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Cost Plus from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB ▇▇▇▇▇▇▇▇▇▇ shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ▇▇▇▇▇▇▇▇▇▇ (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Airespring by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Airespring by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Airespring in connection with this Agreement. If CBB ▇▇▇▇▇▇▇▇▇▇ meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Airespring shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ▇▇▇▇▇▇▇▇▇▇ in respect of any amounts to be paid by CBB ▇▇▇▇▇▇▇▇▇▇ hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB Airespring shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Airespring has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Airespring from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB FairPoint shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB FairPoint (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB FairPoint by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB FairPoint by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB FairPoint in connection with this Agreement. If CBB FairPoint meets the condition in subsection 6.2(d6.2 (d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB FairPoint shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB FairPoint in respect of any amounts to be paid by CBB FairPoint hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB FairPoint shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection 6.8, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB FairPoint has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB FairPoint from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Agreement, Amended, Extended and Restated Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Reconex shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Reconex (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Reconex by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Reconex in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Reconex in respect of any amounts to be paid by CBB Reconex hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Reconex shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Reconex has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Reconex from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.)
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, NUI shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB NUI (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to NUI by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB NUI in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB NUI in respect of any amounts to be paid by CBB NUI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB NUI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB NUI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB NUI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.)
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB Ymax shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Ymax (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Ymax by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Ymax by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Ymax in connection with this Agreement. If CBB Ymax meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Ymax shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Ymax in respect of any amounts to be paid by CBB ▇▇▇▇ hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB Ymax shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Ymax has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Ymax from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB shall, at any time and from time to time, Talk Unlimited shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Talk Unlimited
(a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to Talk Unlimited by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon▇▇▇▇▇▇▇, for the Services to be provided by Verizon to CBB Talk Unlimited in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Talk Unlimited in respect of any amounts to be paid by CBB Talk Unlimited hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Talk Unlimited shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Talk Unlimited has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon ▇▇▇▇▇▇▇ hereunder shall in no way relieve CBB Talk Unlimited from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB ENT shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ENT (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB ENT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB ENT by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ENT in connection with this Agreement. If CBB ENT meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB ENT shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ENT in respect of any amounts to be paid by CBB ENT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB ENT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ENT has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ENT from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Emergency shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Emergency or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Emergency by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Emergency by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon▇▇▇▇▇▇▇, for the Services to be provided by Verizon to CBB Emergency in connection with this Agreement. If CBB Emergency or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Emergency shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Emergency in respect of any amounts to be paid by CBB Emergency hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB Emergency shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Emergency has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Emergency from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Globetel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Globetel (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Globetel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Globetel by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Globetel in connection with this Agreement. If CBB Globetel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Globetel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Globetel in respect of any amounts to be paid by CBB Globetel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Globetel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Globetel has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Globetel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, BTLLC shall provide to Verizon Verizon, in accordance with Sections 6.2 through 6.9 below, adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB BTLLC (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to BTLLC by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB BTLLC in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB BTLLC in respect of any amounts to be paid by CBB BTLLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB BTLLC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection and BTLLC fails to provide such assurance of payment within thirty (30) days after it is requested, then following the expiration of such thirty (30) day period Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB BTLLC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB BTLLC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB shall, at any time and from time to time, GNAPs shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB GNAPs (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a does not have established credit with ▇▇▇▇ rendered to CBB by Verizon or its Affiliates▇▇▇▇, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to GNAPs by ▇▇▇▇▇▇▇, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB GNAPs in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB GNAPs in respect of any amounts to be paid by CBB GNAPs hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB GNAPs shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB GNAPs has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon ▇▇▇▇▇▇▇ hereunder shall in no way relieve CBB GNAPs from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB Covista shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Covista (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Covista by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Covista by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Covista in connection with this Agreement. If CBB Covista meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Covista shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Covista in respect of any amounts to be paid by CBB Covista hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB Covista shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Covista has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Covista from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Assurance of Payment. 6.1 Upon request by Verizon, CBB PNG shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PNG (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB PNG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB PNG by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PNG in connection with this Agreement. If CBB PNG meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB PNG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quartercalendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB PNG in respect of any amounts to be paid by CBB PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB PNG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PNG has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PNG from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB KDL shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB KDL (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB KDL by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB KDL by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB KDL in connection with this Agreement. If CBB KDL meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB KDL shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB KDL in respect of any amounts to be paid by CBB KDL hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB KDL shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB KDL has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB KDL from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Ymax shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Ymax (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Ymax by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Ymax by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Ymax in connection with this Agreement. If CBB Ymax meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Ymax shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Ymax in respect of any amounts to be paid by CBB Ymax hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Ymax shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Ymax has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Ymax from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Z-Tel shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Z-Tel (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Z-Tel by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Z-Tel in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Z-Tel in respect of any amounts to be paid by CBB Z-Tel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon either Party draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Z-Tel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Z-Tel has provided Verizon with such assurance of paymentpayment has been made.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Z-Tel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB Easton shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Easton (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Easton by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Easton by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Easton in connection with this Agreement. If CBB Easton meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Easton shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Easton in respect of any amounts to be paid by CBB Easton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Easton shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Easton has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Easton from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB New Horizons shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB New Horizons
(a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB New Horizons by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB New Horizons by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB New Horizons in connection with this Agreement. If CBB New Horizons meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB New Horizons shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB New Horizons in respect of any amounts to be paid by CBB New Horizons hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB New Horizons shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB New Horizons has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB New Horizons from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB PW shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PW (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB PW by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB PW by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PW in connection with this Agreement. If CBB PW meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB PW shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB PW in respect of any amounts to be paid by CBB PW hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB PW shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PW has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PW from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB CSTC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB CSTC (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB CSTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB CSTC by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB CSTC in connection with this Agreement. If CBB CSTC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB CSTC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quartercalendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB CSTC in respect of any amounts to be paid by CBB CSTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB CSTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB CSTC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB CSTC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Telecommunications, Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB VNCI shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB VNCI (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB VNCI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB VNCI by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB VNCI in connection with this Agreement. If CBB VNCI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB VNCI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB VNCI in respect of any amounts to be paid by CBB VNCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB VNCI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB VNCI has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB VNCI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB ECI shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ECI (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB ECI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB ECI by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ECI in connection with this Agreement. If CBB ECI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB ECI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ECI in respect of any amounts to be paid by CBB ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB ECI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ECI has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ECI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB MLTC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB MLTC (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB MLTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB MLTC by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB MLTC in connection with this Agreement. If CBB MLTC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB MLTC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB MLTC in respect of any amounts to be paid by CBB MLTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB MLTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB MLTC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB MLTC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Ciera shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Ciera (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Ciera by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Ciera in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Ciera in respect of any amounts to be paid by CBB Ciera hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Ciera shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Ciera has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Ciera from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Best shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Best (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Best by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Best in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Best in respect of any amounts to be paid by CBB Best hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Best shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Best has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Best from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Z-Tel shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Z-Tel (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Z-Tel by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Z-Tel in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit , the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Z-Tel in respect of any amounts to be paid by CBB Z-Tel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon either Party draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Z-Tel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Z-Tel has provided Verizon with such assurance of paymentpayment has been made.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Z-Tel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB Navtel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Navtel (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill (in respect of amounts not subject to a good faith dispute) rendered to CBB Navtel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered bill (in respect of amounts not subject to CBB a good faith dispute)rendered to Navtel by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Navtel in connection with this Agreement. If CBB Navtel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Navtel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Navtel in respect of any amounts to be paid by CBB ▇▇▇▇▇▇ hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement; provided that, if within five (5) days after receiving Verizon’s notice Navtel gives notice to Verizon pursuant to Section 14 of the General Terms and Conditions that Navtel denies that it is obligated to pay an amount claimed by Verizon, Verizon will not draw on the letter of credit or cash security deposit to pay such amount for a period of thirty (30) days following Verizon’s receipt of such notice from Navtel.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB Navtel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Navtel has provided Verizon with such assurance of payment; provided, however that Verizon shall give Navtel a minimum of seven (7) calendar days to respond to a request for assurance of payment before invoking this paragraph.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Navtel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB TQCI shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB TQCI (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB TQCI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB TQCI by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB TQCI in connection with this Agreement. If CBB TQCI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB TQCI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB TQCI in respect of any amounts to be paid by CBB TQCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB TQCI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB TQCI has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB TQCI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB dishNet shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB dishNet or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB dishNet by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB dishNet by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB dishNet in connection with this Agreement. If CBB dishNet or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB dishNet shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB dishNet in respect of any amounts to be paid by CBB dishNet hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB dishNet shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter Section and DishNet fails to perform under this Agreement until such time as CBB has provided Verizon with provide such assurance of payment.
6.9 The fact that a letter of credit is requested by payment to Verizon hereunder shall in no way relieve CBB from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.within ten
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, ▇▇▇▇ Telecom shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon Telecom
(a) in Verizon’s reasonable judgment, at the Effective Date or its Affiliatesat any time thereafter, does not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to ▇▇▇▇ Telecom by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ▇▇▇▇ Telecom in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB ▇▇▇▇ Telecom in respect of any amounts to be paid by CBB ▇▇▇▇ Telecom hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB ▇▇▇▇ Telecom shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ▇▇▇▇ Telecom has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ▇▇▇▇ Telecom from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB MCIm shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB MCIm (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB MCIm by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB MCIm by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB MCIm in connection with this Agreement. If CBB MCIm meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB MCIm shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB MCIm in respect of any amounts to be paid by CBB MCIm hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB MCIm shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB MCIm has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB MCIm from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, NTC shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB NTC (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to NTC by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB NTC in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB NTC in respect of any amounts to be paid by CBB NTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB NTC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB NTC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB NTC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB InteleTel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB InteleTel or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB InteleTel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB InteleTel by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB InteleTel in connection with this Agreement. If CBB InteleTel or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB InteleTel shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB InteleTel in respect of any amounts to be paid by CBB InteleTel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB InteleTel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB InteleTel has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB InteleTel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Reconex shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Reconex (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Reconex by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services Servi ces to be provided by Verizon to CBB Reconex in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Reconex in respect of any amounts to be paid by CBB Reconex hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Reconex shall provide provi de a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Reconex has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Reconex from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Bandwidth shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Bandwidth (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Bandwidth by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Bandwidth by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Bandwidth in connection with this Agreement. If CBB Bandwidth meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Bandwidth shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Bandwidth in respect of any amounts to be paid by CBB Bandwidth hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Bandwidth shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Bandwidth has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Bandwidth from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 (a) At any time and from time to time, based on the conditions set forth in this Section 7, Verizon may request, and XO shall provide to Verizon, adequate assurance of payment of amounts due (or to become due) to Verizon under the Amended Agreement in the applicable State.
(b) Upon request by Verizon▇▇▇▇▇▇▇, CBB XO shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance hereunder if (i) XO in any two (2) months out of payment any twelve (12) consecutive month period fails to pay when due to Verizon amounts not subject to a bona fide dispute (including, without limitation, such past due amounts from previous billing periods) that in total equal or exceed five percent (5%) of charges may be requested the total amount not subject to a bona fide dispute due to Verizon during that month for Services billed by Verizon if CBB (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (b) on or after the Effective Date, and fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, cure such nonpayment within five (c5) in business days of Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, written notice of nonpayment or (dii) XO admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts reorganization or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 . Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be , in an amount equal to two (2) months anticipated charges (including, but not limited towithout limitation, both recurring and non-recurring chargescharges in the State in question), as reasonably determined by Verizonthe most recent two (2) months ▇▇▇▇▇▇▇▇ (but not including Backbill Amounts), for the Services Services, facilities or arrangements to be provided by Verizon to CBB XO in connection with this Agreementthe Interconnection Agreement(s). If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB XO in respect of any amounts not subject to be paid by CBB a bona fide dispute billed hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required the applicable statement of charges prepared by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB has provided Verizon with such assurance of payment.
6.9 ▇▇▇▇▇▇▇. The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB XO from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as its obligations to advance payments and payment pay for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services service for nonpayment of any amounts payment of which is required by this Agreementsums (not subject to a bona fide dispute) due to Verizon for the Services, facilities or arrangements rendered.
Appears in 1 contract
Sources: Interconnection Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. in connection with this Agreement. If CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. in respect of any amounts to be paid by CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ▇▇▇▇▇▇▇.▇▇▇ Inc. from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Budget Phone shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Budget Phone
(a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to Budget Phone by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Budget Phone in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Budget Phone in respect of any amounts to be paid by CBB Budget Phone hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Budget Phone shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Budget Phone has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon ▇▇▇▇▇▇▇ hereunder shall in no way relieve CBB Budget Phone from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB Airus shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Airus or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Airus by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Airus by Verizon or its Affiliates, (c) in Verizon’s reasonable V judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Airus in connection with this Agreement. If CBB Airus or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Airus shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Airus in respect of any amounts to be paid by CBB Airus hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB Airus shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Airus has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Airus from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB CLEC Party shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB CLEC Party or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB CLEC Party by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB CLEC Party by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB CLEC Party in connection with this Agreement. If CBB CLEC Party or its Affiliates meets the condition in subsection 6.2(d0(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB CLEC Party shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB CLEC Party in respect of any amounts to be paid by CBB CLEC Party hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB CLEC Party shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.30.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB CLEC Party has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB CLEC Party from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, NOS shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB NOS (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to NOS by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB NOS in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB NOS in respect of any amounts to be paid by CBB NOS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB NOS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB NOS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB NOS from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Navtel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Navtel (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill (in respect of amounts not subject to a good faith dispute) rendered to CBB Navtel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered bill (in respect of amounts not subject to CBB a good faith dispute)rendered to Navtel by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Navtel in connection with this Agreement. If CBB Navtel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Navtel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Navtel in respect of any amounts to be paid by CBB ▇▇▇▇▇▇ hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement; provided that, if within five (5) days after receiving Verizon’s notice Navtel gives notice to Verizon pursuant to Section 14 of the General Terms and Conditions that Navtel denies that it is obligated to pay an amount claimed by Verizon, Verizon will not draw on the letter of credit or cash security deposit to pay such amount for a period of thirty (30) days following Verizon’s receipt of such notice from Navtel.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB Navtel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Navtel has provided Verizon with such assurance of payment; provided, however that Verizon shall give Navtel a minimum of seven (7) calendar days to respond to a request for assurance of payment before invoking this paragraph.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Navtel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB CTT shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB CTT (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB CTT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB CTT by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB CTT in connection with this Agreement. If CBB CTT meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB CTT shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB CTT in respect of any amounts to be paid by CBB CTT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB CTT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB CTT has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB CTT from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Global shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Global (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Global by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Global in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Global in respect of any amounts to be paid by CBB Global hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Global shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Global has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Global from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Smartrak shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Smartrak (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Smartrak by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Smartrak by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Smartrak in connection with this Agreement. If CBB Smartrak meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Smartrak shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Smartrak in respect of any amounts to be paid by CBB Smartrak hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Smartrak shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Smartrak has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Smartrak from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB PNG shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PNG (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB PNG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB PNG by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PNG in connection with this Agreement. If CBB PNG meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB PNG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quartercalendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB PNG in respect of any amounts to be paid by CBB PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB PNG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PNG has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PNG from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Excel shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Excel (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Excel by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Excel in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Excel in respect of any amounts to be paid by CBB Excel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Excel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Excel has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Excel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB ▇▇▇▇▇ Journal shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ▇▇▇▇▇ Journal or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB ▇▇▇▇▇ Journal by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB ▇▇▇▇▇ Journal by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ▇▇▇▇▇ Journal in connection with this Agreement. If CBB ▇▇▇▇▇ Journal or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB ▇▇▇▇▇ Journal shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ▇▇▇▇▇ Journal in respect of any amounts to be paid by CBB ▇▇▇▇▇ Journal hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB ▇▇▇▇▇ Journal shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ▇▇▇▇▇ Journal has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ▇▇▇▇▇ Journal from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Northstar shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Northstar (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Northstar by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Northstar by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Northstar in connection with this Agreement. If CBB Northstar meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Northstar shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Northstar in respect of any amounts to be paid by CBB Northstar hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Northstar shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Northstar has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Northstar from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Assurance of Payment. 6.1 Upon request by Verizon, CBB 365 shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB 365 or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB 365 by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB 365 by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB 365 in connection with this Agreement. If CBB 365 or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB 365 shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB 365 in respect of any amounts to be paid by CBB 365 hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB 365 shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB 365 has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB 365 from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB PN shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PN (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB PN by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB PN by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PN in connection with this Agreement. If CBB PN meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB PN shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB PN in respect of any amounts to be paid by CBB PN hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB PN shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PN has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PN from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, OneStar shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB OneStar (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to OneStar by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB OneStar in connection with this Agreement. If CBB meets Agreement.
6.4 To the condition extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in subsection 6.2(d) above or has failed the deposit pursuant to timely pay two or more bills rendered by Verizon or a Verizon Affiliate Article 9 of the Uniform Commercial Code as in effect in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB OneStar in respect of any amounts to be paid by CBB OneStar hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB OneStar shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB OneStar has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB OneStar from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon written request by Verizon, CBB Intrado Comm shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Intrado Comm
(a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered charges billed to CBB Intrado Comm by Verizon or its AffiliatesVerizon’s ILEC Affiliates that are not subject to a good faith dispute, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered charges billed to CBB Intrado Comm by Verizon or its AffiliatesVerizon’s ILEC Affiliates that are not subject to a good faith dispute, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Intrado Comm in connection with this Agreement. If CBB Intrado Comm meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon ILEC Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Intrado Comm shall provideprovide commencing within ten (10) days) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon written notice to CBB Intrado Comm in respect of any amounts to be paid by CBB Intrado Comm hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon written request by Verizon, CBB Intrado Comm shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB has provided Verizon with Section and such assurance of payment.payment is not provided within ten (10) days after Verizon
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Intrado Comm from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, ECSI shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ECSI (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to ECSI by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ECSI in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB ECSI in respect of any amounts to be paid by CBB ECSI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB ECSI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ECSI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ECSI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Quality Tel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Quality Tel (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Quality Tel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Quality Tel by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Quality Tel in connection with this Agreement. If CBB Quality Tel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Quality Tel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Quality Tel in respect of any amounts to be paid by CBB Quality Tel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Quality Tel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Quality Tel has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Quality Tel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.herein
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB iNetworks shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB iNetworks (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB iNetworks by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB iNetworks by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB iNetworks in connection with this Agreement. If CBB iNetworks meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB iNetworks shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB iNetworks in respect of any amounts to be paid by CBB iNetworks hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB iNetworks shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB iNetworks has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB iNetworks from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB PacOptic shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PacOptic or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB PacOptic by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB PacOptic by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PacOptic in connection with this Agreement. If CBB PacOptic or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB PacOptic shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB PacOptic in respect of any amounts to be paid by CBB PacOptic hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB PacOptic shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PacOptic has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PacOptic from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Citrix shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Citrix (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Citrix by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Citrix by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Citrix in connection with this Agreement. If CBB Citrix meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Citrix shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Citrix in respect of any amounts to be paid by CBB Citrix hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Citrix shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Citrix has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Citrix from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB PacOptic shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PacOptic or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB PacOptic by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB PacOptic by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PacOptic in connection with this Agreement. If CBB PacOptic or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB PacOptic shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB PacOptic in respect of any amounts to be paid by CBB PacOptic hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB PacOptic shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PacOptic has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PacOptic from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 7.1 Upon request by VerizonSCRTC, CBB shall, at any time and from time to time, Comcast shall provide to Verizon SCRTC adequate assurance of payment of amounts due (or to become due) to Verizon SCRTC hereunder.
6.2 . Assurance of payment of charges may be requested required by Verizon SCRTC if CBB Comcast (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in VerizonSCRTC’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a ▇▇▇▇ rendered to Comcast by SCRTC, or (dc) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against itit which is not withdrawn within thirty (30) days) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at SCRTC’s option, consist of (a) a cash security deposit in U.S. dollars held by SCRTC or (b) an unconditional, irrevocable standby letter of credit naming Verizon SCRTC as the beneficiary thereof and otherwise in form and substance reasonably satisfactory to Verizon SCRTC from a financial institution acceptable to VerizonSCRTC. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by VerizonSCRTC, for the Services to be provided by Verizon SCRTC to CBB Comcast in connection with this Agreement.
7.3 To the extent that SCRTC elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
7.4 Interest will be paid on all sums held on deposit at the rate of six percent annually. The interest will be applied as a credit to Comcast's ▇▇▇▇ or will be paid to Comcast on an annual basis. If CBB meets the condition deposit is refunded or credited to Comcast's ▇▇▇▇ prior to the deposit anniversary date, interest will be paid or credited to Comcast's ▇▇▇▇ on a pro-rated basis. If interest is not credited to Comcast's ▇▇▇▇ or paid to Comcast annually, interest will be computed by a method which will result in subsection 6.2(d) above an amount no less than that obtained by using a middle course method between simple and compound interest in compliance with Commission Order dated October 31, 1989 in Case No. 89-057. Interest on deposits computed in this manner will accrue until credited to Comcast’s ▇▇▇▇ or has failed paid to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarterthe customer.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon 7.5 SCRTC may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Comcast in respect of any amounts to be paid by CBB Comcast hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 7.6 If Verizon SCRTC draws on the letter of creditcredit or cash deposit, upon request by VerizonSCRTC, CBB Comcast shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.37.2.
6.8 7.7 Notwithstanding anything else set forth in this Agreement, if Verizon SCRTC makes a request for assurance of payment in accordance with the terms of this Section, and Comcast has failed to comply with such request within thirty calendar days following such request, then Verizon SCRTC shall have no obligation thereafter to perform under this Agreement until such time as CBB Comcast has provided Verizon SCRTC with such assurance of payment.
6.9 7.8 The fact that a deposit or a letter of credit is requested by Verizon SCRTC hereunder shall in no way relieve CBB Comcast from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB NHC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB NHC (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB NHC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB NHC by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB NHC in connection with this Agreement. If CBB NHC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB NHC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB NHC in respect of any amounts to be paid by CBB NHC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB NHC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB NHC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB NHC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Marathon shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Marathon (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Marathon by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Marathon by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Marathon in connection with this Agreement. If CBB Marathon meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Marathon shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quartercalendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Marathon in respect of any amounts to be paid by CBB Marathon hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Marathon shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Marathon has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB MHT shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB MHT (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB MHT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB MHT by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon▇▇▇▇▇▇▇, for the Services to be provided by Verizon to CBB MHT in connection with this Agreement. If CBB MHT meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB MHT shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB MHT in respect of any amounts to be paid by CBB MHT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB MHT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB MHT has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB MHT from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Reconex shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Reconex (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Reconex by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Reconex in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Reconex in respect of any amounts to be paid by CBB Reconex hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Reconex shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Reconex has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Reconex from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Premiere shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Premiere (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Premiere by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges)non-
6.4 To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate effect in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Premiere in respect of any amounts to be paid by CBB Premiere hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Premiere shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Premiere has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Premiere from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Equal Access shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Equal Access
(a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Equal Access by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Equal Access in connection with this Agreement. If CBB meets Agreement.
6.4 To the condition extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in subsection 6.2(d) above or has failed the deposit pursuant to timely pay two or more bills rendered by Verizon or a Verizon Affiliate Article 9 of the Uniform Commercial Code as in effect in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Equal Access in respect of any amounts to be paid by CBB Equal Access hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Equal Access shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Equal Access has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Equal Access from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB One Voice shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB One Voice or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB One Voice by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB One Voice by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB One Voice in connection with this Agreement. If CBB One Voice or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB One Voice shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB One Voice in respect of any amounts to be paid by CBB One Voice hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB One Voice shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon ▇▇▇▇▇▇▇ makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB One Voice has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB One Voice from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB DNA shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB DNA (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB DNA by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB DNA by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon▇▇▇▇▇▇▇, for the Services to be provided by Verizon to CBB DNA in connection with this Agreement. If CBB DNA meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB DNA shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB DNA in respect of any amounts to be paid by CBB DNA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB DNA shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB DNA has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB DNA from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB ECI shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ECI (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB ECI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB ECI by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB ECI in connection with this Agreement. If CBB ECI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB ECI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ECI in respect of any amounts to be paid by CBB ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB ECI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ECI has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ECI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Teliax shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Teliax or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Teliax by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Teliax by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Teliax in connection with this Agreement. If CBB Teliax or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Teliax shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Teliax in respect of any amounts to be paid by CBB Teliax hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB Teliax shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Teliax has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Teliax from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Budget Phone shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Budget Phone
(a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to Budget Phone by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Budget Phone in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Budget Phone in respect of any amounts to be paid by CBB Budget Phone hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Budget Phone shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Budget Phone has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon ▇▇▇▇▇▇▇ hereunder shall in no way relieve CBB Budget Phone from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB EMW shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB EMW (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB EMW by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB EMW by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB EMW in connection with this Agreement. If CBB EMW meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB EMW shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB EMW in respect of any amounts to be paid by CBB EMW hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB EMW shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB EMW has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB EMW from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.and
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Windstream shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Windstream or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Windstream by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Windstream by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Windstream in connection with this Agreement. If CBB Windstream or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Windstream shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Windstream in respect of any amounts to be paid by CBB Windstream hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB Windstream shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Windstream has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Windstream from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB PNG shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB PNG (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB PNG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB PNG by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB PNG in connection with this Agreement. If CBB PNG meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB PNG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB PNG in respect of any amounts to be paid by CBB PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB PNG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection and if such assurance of payment is not provided within fifteen (15) days of Verizon’s request, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB PNG has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB PNG from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Airus shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Airus or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Airus by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Airus by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Airus in connection with this Agreement. If CBB Airus or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Airus shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Airus in respect of any amounts to be paid by CBB Airus hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit, upon request by Verizon, CBB Airus shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Airus has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Airus from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, LifeLine shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB LifeLine (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to LifeLine by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon▇▇▇▇▇▇▇, for the Services to be provided by Verizon to CBB LifeLine in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB LifeLine in respect of any amounts to be paid by CBB LifeLine hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB LifeLine shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB LifeLine has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB LifeLine from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, ICG shall provide to Verizon Verizon, in accordance with Sections 6.2 through 6.9 below, adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ICG (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to ICG by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon, or, (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory substance
6.4 To the extent that Verizon elects to Verizon from require a financial institution acceptable cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Verizon. The letter Article 9 of credit shall be the Uniform Commercial Code as in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate effect in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB ICG in respect of any amounts to be paid by CBB ICG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement; provided that, if within five (5) days after receiving Verizon’s notice ICG gives notice to Verizon pursuant to Section 14 of the General Terms and Conditions that ICG denies that it is obligated to pay an amount claimed by Verizon, Verizon will not draw on the letter of credit or cash deposit to pay such amount for a period of thirty (30) days following Verizon’s receipt of such notice from ICG.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB ICG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection 6 and ICG fails to provide such assurance of payment within thirty (30) days after it is requested, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB ICG has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ICG from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB Wide Voice shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Wide Voice (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB Wide Voice by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB Wide Voice by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Wide Voice in connection with this Agreement. If CBB Wide Voice meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Wide Voice shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Wide Voice in respect of any amounts to be paid by CBB Wide Voice hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Wide Voice shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Wide Voice has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Wide Voice from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon▇▇▇▇▇▇▇, CBB Easton shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB ▇▇▇▇▇▇ (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Easton by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Easton by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Easton in connection with this Agreement. If CBB ▇▇▇▇▇▇ meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Easton shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB ▇▇▇▇▇▇ in respect of any amounts to be paid by CBB Easton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB Easton shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Easton has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB ▇▇▇▇▇▇ from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Phone-Link shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Phone-Link (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Phone- Link by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Phone-Link in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Phone-Link in respect of any amounts to be paid by CBB Phone-Link hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Phone-Link shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Phone-Link has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Phone-Link from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, DSCI shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB DSCI (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to DSCI by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB DSCI in connection with this Agreement. If CBB meets Agreement.
6.4 To the condition extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in subsection 6.2(d) above or has failed the deposit pursuant to timely pay two or more bills rendered by Verizon or a Verizon Affiliate Article 9 of the Uniform Commercial Code as in effect in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB DSCI in respect of any amounts to be paid by CBB DSCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB DSCI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB DSCI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB DSCI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Shelcomm shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Shelcomm or its Affiliates (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Shelcomm by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Shelcomm by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 . Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Shelcomm in connection with this Agreement. If CBB Shelcomm or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Shelcomm shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 6.3 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Shelcomm in respect of any amounts to be paid by CBB ▇▇▇▇▇▇▇▇ hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.4 If Verizon draws on the letter of credit, upon request by Verizon▇▇▇▇▇▇▇, CBB Shelcomm shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.36.
6.8 6.5 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Shelcomm has provided Verizon with such assurance of payment.
6.9 6.6 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Shelcomm from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB Lightcore shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Lightcore (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ bill rendered to CBB Lightcore by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ bill rendered to CBB Lightcore by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Lightcore in connection with this Agreement. If CBB Lightcore meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB Lightcore shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quartercalendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB Lightcore in respect of any amounts to be paid by CBB Lightcore hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB Lightcore shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Lightcore has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Lightcore from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, CBB NexGen shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB NexGen (a) prior to the Effective Date, has failed to timely pay a ▇▇▇▇ rendered to CBB NexGen by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB NexGen by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB NexGen in connection with this Agreement. If CBB NexGen meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB NexGen shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to CBB NexGen in respect of any amounts to be paid by CBB NexGen hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, CBB NexGen shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB NexGen has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB NexGen from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, CBB shall, at any time and from time to time, Velocity shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if CBB Velocity (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a ▇▇▇▇ rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a ▇▇▇▇ rendered to Velocity by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to CBB Velocity in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 [Intentionally Left Blank]To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
6.5 [Intentionally Left Blank]If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to CBB Velocity in respect of any amounts to be paid by CBB Velocity hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, CBB Velocity shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as CBB Velocity has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve CBB Velocity from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Sources: Service Agreement