Sales of Capacity Sample Clauses

Sales of Capacity. The Company shall not, and shall not permit any of its Subsidiaries to, sell, lease or otherwise dispose of Capacity or capacity on other telecommunication systems acquired in accordance with the terms hereof except pursuant to agreements entered into by the Company on commercially reasonable terms including, without limitation, the provisions set forth in EXHIBIT C (as such provisions may be amended, supplemented, restated or otherwise modified from time to time to the extent permitted under Section 6.10 hereof); PROVIDED that, in any event, (a) the relevant agreement shall provide that all cash consideration payable thereunder shall be paid in Dollars to (x) the Pre-Sales Proceeds Account (in the case of payments made prior to the Conversion Date) and (y) except as provided in Section 8.2(c), to the Revenue Account (in the case of payments made on and after the Conversion Date), (b) if the relevant agreement shall provide for future payments it shall not prohibit the granting of a security interest in such agreement by the Company to the Administrative Agent for the benefit of the Secured Parties, (c) if requested by the Administrative Agent, the Company shall deliver a copy of any such relevant agreement, (d) the relevant agreement may provide for a cash rebate or return of cash previously paid to the Company by such purchaser (i) on or after March 31, 2002, to the extent that such cash has not previously been used to make payments in connection with the Project, (ii) to the extent that such rebate or return is due and payable no earlier than March 31, 2003 or (iii) after the Conversion Date, if such agreement (other than any Capacity Sales Agreement with Sponsors or any other direct holding company or any Affiliates thereof) does provide for any such rebate or return, a portion of the Capacity Payments or other payments received in respect of such agreement in an amount equal to such contingent rebate or return, shall be deposited into the VAT Account and (e) the relevant agreement may provide for the purchase by the Company of interim capacity on another system, provided, however, that any acquisition of such interim capacity shall be funded directly with proceeds received under related Capacity Sales Agreements; PROVIDED, FURTHER, the Company shall not (i) enter into any transaction to dispose of Capacity for non-cash consideration if, after giving effect to such transaction, the Capacity disposed of for non-cash consideration during the 12-month per...
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Sales of Capacity. 94 SECTION 6.24.
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Sales of Capacity. The Borrower shall not, and shall not ----------------- permit the Subsidiaries to, sell or otherwise dispose Capacity except (a) pursuant to Capacity Sale Agreements substantially in the form of Exhibit L or --------- (b) pursuant to other agreements or arrangements which are on commercially reasonable terms (which shall include the disposition of Capacity without cash compensation in exchange for mutual restoration agreements); provided that, in -------- any event, (i) all such agreements and arrangements shall provide that amounts payable to the Borrower shall be paid to the Revenue Account, (ii) no agreement providing for future payments shall prohibit the granting of a security interest in such agreement by the Borrower to the Lenders and (iii) without derogation of the provisions of Section 6.24, such agreements shall provide that payments ------------ thereunder shall be in cash and at least 80% of such payments shall be due and payable before the Maturity Date; and provided, further, that (A) no individual -------- ------- sale shall defer more than $4,000,000 beyond the Maturity Date without prior written consent of the Lead Agents and (B) once the aggregate amount of payments deferred beyond the Maturity Date exceeds $20,000,000, no further deferral of payments beyond the Maturity Date shall be permitted without the prior written consent of the Majority Lenders (or the Lead Agents if, as of any date of determination, the cumulative Capacity Sales Revenue received by the Borrower and the Subsidiaries as of such date exceeds 175% of the cumulative Capacity Sales Revenue set forth in Section 6.24(a) with respect to such date) (and --------------- subject, in any event, to clause (A) above). ----------
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Sales of Capacity. 95 SECTION 6.14.
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Sales of Capacity. The Borrower shall not, and shall not ----------------- permit the Subsidiaries to, sell or otherwise dispose of Capacity or capacity on other telecommunication systems acquired in accordance with the terms hereof except (a) pursuant to Capacity Sale Agreements and Capacity Swap Agreements, (b) pursuant to other agreements or arrangements which are on commercially reasonable terms and reasonable satisfactory to the Designated Agents (which shall include the disposition of System Capacity without cash compensation in exchange for mutual restoration agreements or for reasonably equivalently valued capacity on other subsea fiber or terrestrial fiber telecommunication systems, subject to the proviso contained in this Section) and (c) with respect to Backhaul Capacity or capacity on other subsea fiber or terrestrial fiber telecommunication systems acquired in accordance with the terms hereof, pursuant to agreements or arrangements in exchange for reasonably equivalent value and which are on commercially reasonable terms and reasonably satisfactory to the Designated Agents (which may include dispositions for non-cash consideration); provided that, in any event, (i) all such agreements and arrangements described -------- in the foregoing clauses (a), (b) and (c) shall provide that amounts payable to ----------- --- --- the Borrower or any Subsidiary shall be paid to the Revenue Account (unless the Designated Agents otherwise agree), (ii) no agreement providing for future payments shall prohibit the granting of a security interest in such agreement by the Borrower to the Secured Parties and (iii) without derogation of the provisions of Section 6.24 and except for the non-cash exchanges expressly ------------ contemplated above, such agreements shall provide that payments thereunder shall be in cash.
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Sales of Capacity. 7 5 Storage of Heavy Load Hour Energy. . . . . . . . . . .
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Related to Sales of Capacity

  • Assessment of capacity For the purpose of establishing the percentage of the rate to be paid to an employee under this Agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either: (a) the employer and the union in consultation with the employee or, if desired by any of these; or (b) the employer and an accredited Assessor from a panel agreed by the parties to the Agreement and the employee.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Power and Capacity Each Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes each Shareholder’s valid, legal and binding obligation and is enforceable against such Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • Restriction on Sales of Capital Stock The Company, on behalf of itself and any successor entity, agrees that, without the prior written consent of the Representative, it will not, for a period of 3 months after the date of this Agreement (the “Lock-Up Period”), (i) offer, pledge, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise transfer or dispose of, directly or indirectly, any shares of capital stock of the Company or any securities convertible into or exercisable or exchangeable for shares of capital stock of the Company; (ii) file or caused to be filed any registration statement with the Commission relating to the offering of any shares of capital stock of the Company or any securities convertible into or exercisable or exchangeable for shares of capital stock of the Company; (iii) complete any offering of debt securities of the Company, other than entering into a line of credit with a traditional bank; or (iv) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of capital stock of the Company, whether any such transaction described in clause (i), (ii), (iii) or (iv) above is to be settled by delivery of shares of capital stock of the Company or such other securities, in cash or otherwise. The restrictions contained in this Section 3.18.1 shall not apply to (i) the ADSs to be sold hereunder, (ii) the issuance by the Company of ADSs or Ordinary Shares upon the exercise of a stock option or warrant or the conversion of a security outstanding on the date hereof, which is disclosed in the Registration Statement, Disclosure Package and Prospectus, provided that such options, warrants, and securities have not been amended since the date of this Agreement to increase the number of such securities or to decrease the exercise price, exchange price or conversion price of such securities or to extend the term of such securities, or (iii) the issuance by the Company of stock options or shares of capital stock of the Company under any equity compensation plan of the Company, provided that in each of (i) and (iii) above, except with respect to any publicly traded securities, the underlying shares shall be restricted from sale during the entire Lock-Up Period. Notwithstanding the foregoing, if (i) during the last 17 days of the Lock-Up Period, the Company issues an earnings release or material news or a material event relating to the Company occurs, or (ii) prior to the expiration of the Lock-Up Period, the Company announces that it will release earnings results or becomes aware that material news or a material event will occur during the 16-day period beginning on the last day of the Lock-Up Period, the restrictions imposed by this Section 3.18.1 shall continue to apply until the expiration of the 18-day period beginning on the issuance of the earnings release or the occurrence of such material news or material event, as applicable, unless the Representative waives, in writing, such extension; provided, however, that this extension of the Lock-Up Period shall not apply to the extent that FINRA has amended or repealed NASD Rule 2711(f)(4), or has otherwise provided written interpretive guidance regarding such rule, in each case, so as to eliminate the prohibition of any broker, dealer, or member of a national securities association from publishing or distributing any research report, with respect to the securities of an Emerging Growth Company prior to or after the expiration of any agreement between the broker, dealer, or member of a national securities association and the Emerging Growth Company or its shareholders that restricts or prohibits the sale of securities held by the Emerging Growth Company or its shareholders after the initial public offering date.

  • Shareholder Capacity By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.