DISPOSITION OF PREVIOUSLY VIEWED TAPES Clause Samples

DISPOSITION OF PREVIOUSLY VIEWED TAPES a. Sale: For each Rental Picture, * may direct Retailer, as its agent, ---- to sell previously viewed tapes ("PVTs") to consumers pursuant to the following conditions:
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DISPOSITION OF PREVIOUSLY VIEWED TAPES a. Sale: For each Rental Picture, WHV may direct Blockbuster, as its licensee, to sell previously viewed tapes ("PVTs") to consumers pursuant to the following conditions: (i) For Rental Pictures with * (ii) For Rental Pictures with * (iii) Restriction on Sale of PVT's: In addition to and without limiting in any way the foregoing, the following restrictions shall apply on a title-by-title basis for all Rental Pictures: (B) Confidential material omitted and separately filed with the Commission under an application for confidential treatment. (iv) No Revenue Share: There shall be no revenue sharing between Blockbuster and WHV with respect to the proceeds from sales of PVTs by Blockbuster except *. (vi) In the event WHV changes its current practice with respect to directing Blockbuster to sell PVTs consistent with Subparagraphs (i)-(v) of 8.a. above ("Redirection"), the parties shall in good faith review and reduce WHV's Revenue Share effective with any Redirection, if necessary, to provide for the sharing on a pre-established * basis of revenues generated by Blockbuster under this Letter Agreement in excess of the revenues Blockbuster would have earned prior to the parties' revenue sharing relationship. The calculation of WHV's Revenue Share shall be based on historical data relating to revenues generated from the Rental Pictures during the prior year and shall be subject to audit. The Minimum Share shall be adjusted on a pro rata basis to reflect any new WHV Revenue Share percentage.
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Related to DISPOSITION OF PREVIOUSLY VIEWED TAPES

  • Delivery of Opinion of Counsel in Connection with Substitutions and Repurchases (a) Notwithstanding any contrary provision of this Agreement, no substitution pursuant to Section 2.02 or 2.03 shall be made more than 90 days after the Closing Date unless the Seller delivers to the Trustee an Opinion of Counsel, which Opinion of Counsel shall not be at the expense of either the Trustee or the Trust Fund, addressed to the Trustee, to the effect that such substitution will not (i) result in the imposition of the tax on "prohibited transactions" on the Trust Fund or contributions after the Startup Date, as defined in sections 860F(a)(2) and 860G(d) of the Code, respectively or (ii) cause any REMIC created under this Agreement to fail to qualify as a REMIC at any time that any Certificates are outstanding. (b) Upon discovery by the Depositor, the Seller, the Master Servicer or the Trustee that any Mortgage Loan does not constitute a "qualified mortgage" within the meaning of section 860G(a)(3) of the Code, the party discovering such fact shall promptly (and in any event within five Business Days of discovery) give written notice thereof to the other parties. In connection therewith, the Trustee shall require the Seller, at the Seller's option, to either (i) substitute, if the conditions in Section 2.03(c) with respect to substitutions are satisfied, a Substitute Mortgage Loan for the affected Mortgage Loan, or (ii) repurchase the affected Mortgage Loan within 90 days of such discovery in the same manner as it would a Mortgage Loan for a breach of representation or warranty made pursuant to Section 2.03. The Trustee shall reconvey to the Seller the Mortgage Loan to be released pursuant hereto in the same manner, and on the same terms and conditions, as it would a Mortgage Loan repurchased for breach of a representation or warranty contained in Section 2.03.

  • Preservation of Existence and Similar Matters Except as otherwise permitted under Section 9.4., the Borrower shall, and shall cause each other Loan Party and each other Subsidiary to, preserve and maintain its respective existence, rights, franchises, licenses and privileges in the jurisdiction of its incorporation or formation and qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification and authorization and where the failure to be so authorized and qualified could reasonably be expected to have a Material Adverse Effect.

  • Disposition of Collateral Such Grantor will not sell, lease or otherwise dispose of the Collateral owned by it except for dispositions specifically permitted pursuant to Section 6.05 of the Credit Agreement.

  • Disposition of Books, Records and Canceled Certificates DST may send periodically to the Fund, or to where designated by the Fund, all books, documents, and all records no longer deemed needed for current purposes, upon the understanding that such books, documents, and records will be maintained by the Fund under and in accordance with the requirements of applicable federal securities laws. Such materials will not be destroyed by the Fund without the consent of DST (which consent will not be unreasonably withheld), but will be safely stored for possible future reference.

  • Data Disposition When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: