Common use of CATEGORY 3 CUSTOMERS Clause in Contracts

CATEGORY 3 CUSTOMERS. If the Customer shall have been determined to be a Category 3 Customer, AEF may require that assets in addition to those set forth in the definition of "COLLATERAL" in this Agreement and directly relating to the operation of the Satellite and any revenues derived therefrom be 116 included in the Collateral (but AEF may not include in such requirement any asset readily available in the market-place for a value of less than one million Dollars ($1,000,000) unless the Project Financing is secured by a Lien on any such asset), and in order for the Customer to be entitled to Conversion, such assets shall, thereupon, be deemed to form part of the Collateral for all purposes of this Agreement and the other Loan Documents. Any such determination shall be made by AEF on or before the date of the earlier to occur of (A) the completion of the review, if any, pursuant to Section 9.01 of any Preliminary Business Plan submitted by the Customer, if accepted by the Customer, that contains information determined by AEF to be sufficient for the purpose of this Section 9.03, and (B) the Conversion Commitment Date.

CATEGORY 3 CUSTOMERS. If the Customer shall have been determined to be a Category 3 Customer, AEF may require that assets in addition to those set forth in the definition of "COLLATERAL" in this Agreement and directly relating to the operation of the Satellite and any revenues derived therefrom be 116 included in the Collateral (but AEF may not include in such requirement any asset readily available in the market-place for a value of less than one million Dollars ($1,000,000) unless the Project Financing is secured by a Lien on any such asset), and in order for the Customer to be entitled to Conversion, such assets shall, thereupon, be deemed to form part of the Collateral for all purposes of this Agreement and the other Loan Documents. Any such determination shall be made by AEF on or before the date of the earlier to occur of (A) the completion of the review, if any, pursuant to Section 9.01 of any Preliminary Business Plan submitted by the Customer, if accepted by the Customer, that contains information determined by AEF to be sufficient for the purpose of this Section 9.03, and (B) the Conversion Commitment Date.