Common use of Assurance of Payment Clause in Contracts

Assurance of Payment. 6.1 Upon request by Verizon, 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 Emergency or its Affiliates (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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.‌ 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 Emergency in connection with this Agreement. If 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 Emergency shall provide) additional assurance of payment, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to Emergency in respect of any amounts to be paid by Emergency hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 If Verizon draws on the letter of credit, upon request by Verizon, Emergency shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 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 Emergency has provided Verizon with such assurance of payment. 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve 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

Samples: Service Agreement, Service Agreement, Service Agreement

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Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates CBB (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency CBB by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency CBB in connection with this Agreement. If Emergency or its Affiliates 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 Emergency CBB shall provide) additional assurance of payment, including 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 Emergency CBB in respect of any amounts to be paid by Emergency CBB hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency CBB shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency CBB has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates 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 xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency D&E in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency D&E in respect of any amounts to be paid by Emergency D&E hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency D&E shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency D&E has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.), Agreement (D&e Communications Inc)

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates PCS (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency PCS in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency PCS in respect of any amounts to be paid by Emergency PCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency PCS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency PCS has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates PNG (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency PNG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency PNG in connection with this Agreement. If Emergency or its Affiliates 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 Emergency PNG shall provide) additional assurance of payment, including 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.‌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 Emergency PNG in respect of any amounts to be paid by Emergency PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency PNG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency PNG has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates NUI (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency NUI in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency NUI in respect of any amounts to be paid by Emergency NUI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency NUI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.3. 6.6 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 Emergency NUI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.)

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates Rhythms (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.‌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 Emergency Rhythms in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Rhythms in respect of any amounts to be paid by Emergency Rhythms hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Rhythms shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Rhythms has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Telecommunications

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates PW (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency PW by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency PW in connection with this Agreement. If Emergency or its Affiliates 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 Emergency PW shall provide) additional assurance of payment, including 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 Emergency PW in respect of any amounts to be paid by Emergency PW hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency PW shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency PW has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates ENT (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency ENT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency ENT in connection with this Agreement. If Emergency or its Affiliates 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 Emergency ENT shall provide) additional assurance of payment, including 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 Emergency ENT in respect of any amounts to be paid by Emergency ENT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency ENT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency ENT has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 7.1 Upon request by VerizonXxxxx, Emergency shall, at any time and from time to time, TCA shall provide to Verizon Xxxxx adequate assurance of payment of amounts due (or to become due) to Verizon Xxxxx hereunder. 6.2 . Assurance of payment of charges may be requested required by Verizon Xxxxx if Emergency or its Affiliates TCA (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency by Verizon or its Affiliates, (c) in Verizon’s Xxxxx’x 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 bill rendered to TCA by Xxxxx, 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.‌proceeding. 6.3 7.2 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 a cash security deposit in form and substance satisfactory to Verizon from a financial institution acceptable to VerizonU.S. dollars held by Xxxxx. The letter of credit cash security deposit 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 VerizonXxxxx, for the Services to be provided by Verizon Xxxxx to Emergency TCA in connection with this Agreement. If Emergency or its Affiliates meets . 7.3 To the condition extent that Xxxxx 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 Emergency shall provide) additional assurance of payment, 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.‌relevant jurisdiction. 6.4 Verizon 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 Xxxxx may (but is not obligated to) draw on the letter of credit cash deposit, as applicable, upon notice to Emergency TCA in respect of any amounts to be paid by Emergency TCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 7.6 If Verizon Xxxxx draws on the letter of creditcash deposit, upon request by VerizonXxxxx, Emergency TCA shall provide a replacement or supplemental letter of credit cash deposit conforming to the requirements of Section 6.37.2. 6.6 7.7 Notwithstanding anything else set forth in this Agreement, if Verizon Xxxxx makes a request for assurance of payment in accordance with the terms of this Section, and TCA has failed to comply with such request within thirty calendar days following such request, then Verizon Xxxxx shall have no obligation thereafter to perform under this Agreement until such time as Emergency TCA has provided Verizon Xxxxx with such assurance of payment. 6.7 7.8 The fact that a letter of credit deposit is requested by Verizon Xxxxx hereunder shall in no way relieve Emergency TCA 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.or

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Ymax (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Ymax by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Ymax in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Ymax shall provide) additional assurance of payment, including 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 Emergency Ymax in respect of any amounts to be paid by Emergency Ymax hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Ymax shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Ymax has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates FTCS (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency FTCS by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency FTCS in connection with this Agreement. If Emergency or its Affiliates 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 Emergency FTCS shall provide) additional assurance of payment, including 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 Emergency FTCS in respect of any amounts to be paid by Emergency FTCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency FTCS shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency FTCS has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates New Horizons (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency New Horizons by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency New Horizons in connection with this Agreement. If Emergency or its Affiliates 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 Emergency New Horizons shall provide) additional assurance of payment, including 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 Emergency New Horizons in respect of any amounts to be paid by Emergency New Horizons hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency New Horizons shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency New Horizons has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates ATI (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency ATI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency ATI in connection with this Agreement. If Emergency or its Affiliates 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 Emergency ATI shall provide) additional assurance of payment, including 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 Emergency ATI in respect of any amounts to be paid by Emergency ATI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency ATI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon Xxxxxxx 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 Emergency ATI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates VNCI (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency VNCI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency VNCI in connection with this Agreement. If Emergency or its Affiliates 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 Emergency VNCI shall provide) additional assurance of payment, including 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 Emergency VNCI in respect of any amounts to be paid by Emergency VNCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency VNCI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency VNCI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates MMG (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency MMG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency MMG in connection with this Agreement. If Emergency or its Affiliates 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 Emergency MMG shall provide) additional assurance of payment, including 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 Emergency MMG in respect of any amounts to be paid by Emergency MMG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency MMG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency MMG has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates Cost Plus (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Cost Plus by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency Cost Plus in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Cost Plus shall provide) additional assurance of payment, including 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 Emergency Cost Plus in respect of any amounts to be paid by Emergency Cost Plus hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Cost Plus shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Cost Plus has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates Covista (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Covista by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency Covista in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Covista shall provide) additional assurance of payment, including 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 Emergency Covista in respect of any amounts to be paid by Emergency Covista hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Covista shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Covista has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Agreement, Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Easton (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Easton by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Easton in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Easton shall provide) additional assurance of payment, including 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 Emergency Easton in respect of any amounts to be paid by Emergency Easton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Easton shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Easton has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Telecommunications

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates 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 xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.‌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 VerizonXxxxxxx, for the Services to be provided by Verizon to Emergency Talk Unlimited in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Talk Unlimited in respect of any amounts to be paid by Emergency Talk Unlimited hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Talk Unlimited shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Talk Unlimited has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates KDL (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency KDL by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency KDL in connection with this Agreement. If Emergency or its Affiliates 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 Emergency KDL shall provide) additional assurance of payment, including 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 Emergency KDL in respect of any amounts to be paid by Emergency KDL hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency KDL shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency KDL has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency Xxxxxxxxxx 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 Emergency or its Affiliates Xxxxxxxxxx (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Airespring by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency Airespring in connection with this Agreement. If Emergency or its Affiliates Xxxxxxxxxx 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 Emergency Airespring shall provide) additional assurance of payment, including 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 Emergency Xxxxxxxxxx in respect of any amounts to be paid by Emergency Xxxxxxxxxx hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Airespring shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Airespring has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Globetel (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Globetel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Globetel in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Globetel shall provide) additional assurance of payment, including 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 Emergency Globetel in respect of any amounts to be paid by Emergency Globetel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Globetel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Globetel has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Telecommunications

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates GNAPs (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Xxxxxxx, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a bill rendered to GNAPs by Xxxxxxx, 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 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 Emergency GNAPs in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency GNAPs in respect of any amounts to be paid by Emergency GNAPs hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency GNAPs shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency GNAPs has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Reconex (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Reconex in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Reconex in respect of any amounts to be paid by Emergency Reconex hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Reconex shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Reconex has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.)

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates 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 xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Z-Tel in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Z-Tel in respect of any amounts to be paid by Emergency Z-Tel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon either Party draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Z-Tel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Z-Tel has provided Verizon with such assurance of paymentpayment has been made. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Telecommunications

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates ECI (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency ECI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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 Emergency ECI in connection with this Agreement. If Emergency or its Affiliates 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 Emergency ECI shall provide) additional assurance of payment, including 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 Emergency ECI in respect of any amounts to be paid by Emergency ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency ECI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency ECI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates Ymax (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Ymax by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency Ymax in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Ymax shall provide) additional assurance of payment, including 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 Emergency Ymax in respect of any amounts to be paid by Emergency Xxxx hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Ymax shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Ymax has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates BTLLC (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency BTLLC in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency BTLLC in respect of any amounts to be paid by Emergency BTLLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency BTLLC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.3. 6.6 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 Emergency BTLLC has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates WCS (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency WCS by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency WCS in connection with this Agreement. If Emergency or its Affiliates 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 Emergency WCS shall provide) additional assurance of payment, including 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 Emergency WCS in respect of any amounts to be paid by Emergency WCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency WCS shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency WCS has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates CSTC (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency CSTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency CSTC in connection with this Agreement. If Emergency or its Affiliates 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 Emergency CSTC shall provide) additional assurance of payment, including 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.‌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 Emergency CSTC in respect of any amounts to be paid by Emergency CSTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency CSTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency CSTC has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications, Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates FairPoint (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency FairPoint by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency FairPoint in connection with this Agreement. If Emergency or its Affiliates 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 Emergency FairPoint shall provide) additional assurance of payment, including 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 Emergency FairPoint in respect of any amounts to be paid by Emergency FairPoint hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency FairPoint shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency FairPoint has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Amended, Extended and Restated Agreement, Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Connectel (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Connectel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Connectel in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Connectel shall provide) additional assurance of payment, including 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.‌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 Emergency Connectel in respect of any amounts to be paid by Emergency Connectel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Connectel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Connectel has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement, Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Global Link 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 Emergency or its Affiliates Global Link (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Global Link by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency Global Link 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 Emergency Global Link in connection with this Agreement. If Emergency or its Affiliates Global Link 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 Emergency Global Link shall provide) additional assurance of payment, including 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 Emergency Global Link in respect of any amounts to be paid by Emergency Global Link hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Global Link shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Global Link has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Global 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates ICG (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 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 If payment of interest on a cash deposit is required by an applicable Verizon from a financial institution acceptable to Verizon. The letter of credit shall Tariff or by Applicable Law, interest will 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 paid on any such cash deposit held by Verizon to Emergency at the higher of the interest rate stated in connection with this Agreement. If Emergency such Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered interest rate required by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, 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.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency ICG in respect of any amounts to be paid by Emergency 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. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency ICG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.3. 6.6 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 Emergency ICG has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Excel (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Excel in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Excel in respect of any amounts to be paid by Emergency Excel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Excel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Excel has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications (Wave2Wave Communications, Inc.)

Assurance of Payment. 6.1 Upon request by Verizon, Emergency shall, at any time and from time to time, Delta Phones 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 Emergency or its Affiliates Delta Phones (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx rendered to Delta Phones 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.‌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 Emergency Delta Phones in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Delta Phones in respect of any amounts to be paid by Emergency Delta Phones hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Delta Phones shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Delta Phones has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Delta Phones 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Ygnition 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 Emergency or its Affiliates Ygnition (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Ygnition by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency Ygnition 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 Emergency Ygnition in connection with this Agreement. If Emergency or its Affiliates Ygnition 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 Emergency Ygnition shall provide) additional assurance of payment, including 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 Emergency Ygnition in respect of any amounts to be paid by Emergency Ygnition hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Ygnition shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Ygnition has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Ygnition 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Excel (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Excel in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Excel in respect of any amounts to be paid by Emergency Excel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Excel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Excel has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Ciera (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Ciera in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Ciera in respect of any amounts to be paid by Emergency Ciera hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Ciera shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Ciera has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Bandwidth (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Bandwidth by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Bandwidth in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Bandwidth shall provide) additional assurance of payment, including 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 Emergency Bandwidth in respect of any amounts to be paid by Emergency Bandwidth hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Bandwidth shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Bandwidth has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Covista (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Covista by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Covista in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Covista shall provide) additional assurance of payment, including 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 Emergency Covista in respect of any amounts to be paid by Emergency Covista hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Covista shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Covista has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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.and

Appears in 1 contract

Samples: Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency DSLnet 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 Emergency or its Affiliates DSLnet (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency DSLnet by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency DSLnet 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 Emergency DSLnet in connection with this Agreement. If Emergency or its Affiliates DSLnet 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 Emergency DSLnet shall provide) additional assurance of payment, including 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.‌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 Emergency DSLnet in respect of any amounts to be paid by Emergency DSLnet hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency DSLnet shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency DSLnet has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency DSLnet 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

Samples: Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates ICG (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a bill 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.‌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 Emergency ICG in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency ICG in respect of any amounts to be paid by Emergency 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. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency ICG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.3. 6.6 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 Emergency ICG has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve Emergency 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

Samples: Adoption Under FCC Merger Conditions

Assurance of Payment. 6.1 Upon request by Verizon, Emergency XXX 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 Emergency or its Affiliates XXX (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency XXX by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency XXX 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 Emergency XXX in connection with this Agreement. If Emergency or its Affiliates XXX 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 Emergency XXX shall provide) additional assurance of payment, including 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 Emergency XXX in respect of any amounts to be paid by Emergency XXX hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency XXX shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency XXX has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency XXX 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Navtel (a) prior to the Effective Date, has failed to timely pay a xxxx bill (in respect of amounts not subject to a good faith dispute) rendered to Emergency Navtel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered bill (in respect of amounts not subject to Emergency 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.‌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 Emergency Navtel in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Navtel shall provide) additional assurance of payment, including 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 Emergency Navtel in respect of any amounts to be paid by Emergency Xxxxxx 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. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Navtel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency 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. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Genesis 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 Emergency Genesis or its Affiliates (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Genesis by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency Genesis 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 Emergency Genesis in connection with this Agreement. If Emergency Genesis 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 Emergency Genesis shall provide) additional assurance of payment, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to Emergency Genesis in respect of any amounts to be paid by Emergency Genesis hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Genesis shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 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 Emergency Genesis has provided Verizon with such assurance of payment. 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Genesis 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency shall, at any time and from time to time, NTE 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 Emergency or its Affiliates NTE (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx rendered to NTE 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.‌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 Emergency NTE in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency NTE in respect of any amounts to be paid by Emergency NTE hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency NTE shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency NTE has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency NTE 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates TQCI (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency TQCI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency TQCI in connection with this Agreement. If Emergency or its Affiliates 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 Emergency TQCI shall provide) additional assurance of payment, including 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 Emergency TQCI in respect of any amounts to be paid by Emergency TQCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency TQCI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency TQCI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Princeton 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 Emergency or its Affiliates Princeton (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Princeton by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency Princeton 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 Emergency Princeton in connection with this Agreement. If Emergency or its Affiliates Princeton 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 Emergency Princeton shall provide) additional assurance of payment, including 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 Emergency Princeton in respect of any amounts to be paid by Emergency Princeton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Princeton shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Princeton has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Princeton 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates NOS (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency NOS in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency NOS in respect of any amounts to be paid by Emergency NOS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency NOS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency NOS has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates MHT (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency MHT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency MHT in connection with this Agreement. If Emergency or its Affiliates 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 Emergency MHT shall provide) additional assurance of payment, including 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 Emergency MHT in respect of any amounts to be paid by Emergency MHT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency MHT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency MHT has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 7.1 Upon request by VerizonCTC, Emergency shall, at any time and from time to time, TCA shall provide to Verizon CTC adequate assurance of payment of amounts due (or to become due) to Verizon CTC hereunder. 6.2 . Assurance of payment of charges may be requested required by Verizon CTC if Emergency or its Affiliates TCA (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency by Verizon or its Affiliates, (c) in VerizonCTC’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 bill rendered to TCA by CTC, 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.‌proceeding. 6.3 7.2 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 a cash security deposit in form and substance satisfactory to Verizon from a financial institution acceptable to VerizonU.S. dollars held by CTC. The letter of credit cash security deposit 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 VerizonCTC, for the Services to be provided by Verizon CTC to Emergency TCA in connection with this Agreement. If Emergency or its Affiliates meets . 7.3 To the condition extent that CTC 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 Emergency shall provide) additional assurance of payment, 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.‌relevant jurisdiction. 6.4 Verizon 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 CTC may (but is not obligated to) draw on the letter of credit cash deposit, as applicable, upon notice to Emergency TCA in respect of any amounts to be paid by Emergency TCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 7.6 If Verizon CTC draws on the letter of creditcash deposit, upon request by VerizonCTC, Emergency TCA shall provide a replacement or supplemental letter of credit cash deposit conforming to the requirements of Section 6.37.2. 6.6 7.7 Notwithstanding anything else set forth in this Agreement, if Verizon CTC makes a request for assurance of payment in accordance with the terms of this Section, and TCA has failed to comply with such request within thirty calendar days following such request, then Verizon CTC shall have no obligation thereafter to perform under this Agreement until such time as Emergency TCA has provided Verizon CTC with such assurance of payment. 6.7 7.8 The fact that a letter of credit deposit is requested by Verizon CTC hereunder shall in no way relieve Emergency TCA 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.or

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency NL 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 Emergency or its Affiliates NL (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency NL by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency NL 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 Emergency NL in connection with this Agreement. If Emergency or its Affiliates NL 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 Emergency NL shall provide) additional assurance of payment, including 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 Emergency NL in respect of any amounts to be paid by Emergency NL hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency NL shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency NL has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency NL 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates PN (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency PN by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency PN in connection with this Agreement. If Emergency or its Affiliates 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 Emergency PN shall provide) additional assurance of payment, including 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 Emergency PN in respect of any amounts to be paid by Emergency PN hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency PN shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency PN has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency shall, at any time and from time to time, Teleconex 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 Emergency or its Affiliates Teleconex (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx rendered to Teleconex 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.‌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) 6.4 To the extent that Verizon elects to require a cash deposit, but not limited tothe 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 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to interest will be provided paid on any such cash deposit held by Verizon to Emergency at the higher of the interest rate stated in connection with this Agreement. If Emergency such Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered interest rate required by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, 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.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Teleconex in respect of any amounts to be paid by Emergency Teleconex hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Teleconex shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Teleconex has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Teleconex 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency shall, at any time and from time to time, VarTec 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 Emergency or its Affiliates VarTec (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Xxxxxxx, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a bill rendered to VarTec by Xxxxxxx, 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 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 bot h recurring and non-non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to Emergency VarTec in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency VarTec in respect of any amounts to be paid by Emergency VarTec hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency VarTec shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency VarTec has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency VarTec 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

Samples: Interconnection Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Synergem 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 Emergency Synergem or its Affiliates (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Synergem by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency Synergem 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 Emergency Synergem in connection with this Agreement. If Emergency Synergem 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 Emergency Synergem shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably reasonably‌ determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 Verizon may (but is not obligated to) draw on the letter of credit upon notice to Emergency Synergem in respect of any amounts to be paid by Emergency Synergem hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Synergem shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 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 Emergency Synergem has provided Verizon with such assurance of payment. 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Synergem 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Smartrak (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Smartrak by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Smartrak in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Smartrak shall provide) additional assurance of payment, including 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 Emergency Smartrak in respect of any amounts to be paid by Emergency Smartrak hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Smartrak shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Smartrak has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates 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 xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.‌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 Emergency Budget Phone in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Budget Phone in respect of any amounts to be paid by Emergency Budget Phone hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Budget Phone shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Budget Phone has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates DSCI (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency DSCI in connection with this Agreement. Agreement.‌‌‌‌‌‌‌‌‌‌ 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency DSCI in respect of any amounts to be paid by Emergency DSCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency DSCI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency DSCI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

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Assurance of Payment. 6.1 Upon request by Verizon, Emergency TNCI 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 Emergency or its Affiliates TNCI (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency TNCI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency TNCI 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 Emergency TNCI in connection with this Agreement. If Emergency or its Affiliates TNCI 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 Emergency TNCI shall provide) additional assurance of payment, including 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 Emergency TNCI in respect of any amounts to be paid by Emergency TNCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency TNCI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency TNCI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency TNCI 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Premiere (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Premiere in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Premiere in respect of any amounts to be paid by Emergency Premiere hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Premiere shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Premiere has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon written request by Verizon, Emergency 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 Emergency or its Affiliates Intrado Comm (a) prior to the Effective Date, has failed to timely pay a xxxx rendered charges billed to Emergency 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 xxxx rendered charges billed to Emergency 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.‌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 Emergency Intrado Comm in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Intrado Comm shall provideprovide commencing within ten (10) days) additional assurance of payment, including 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 written notice to Emergency Intrado Comm in respect of any amounts to be paid by Emergency Intrado Comm hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon written request by Verizon, Emergency Intrado Comm shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency has provided Verizon with Section and such assurance of payment.payment is not provided within ten (10) days after Verizon 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency CBAD 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 Emergency or its Affiliates CBAD (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency CBAD by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency CBAD 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 Emergency CBAD in connection with this Agreement. If Emergency or its Affiliates CBAD 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 Emergency CBAD shall provide) additional assurance of payment, including 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 Emergency CBAD in respect of any amounts to be paid by Emergency CBAD hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency CBAD shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency CBAD has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency CBAD 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency shall, at any time and from time to time, Verizon Avenue 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 Emergency or its Affiliates Verizon Avenue (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx rendered to Verizon Avenue 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.‌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 Emergency Verizon Avenue in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Verizon Avenue in respect of any amounts to be paid by Emergency Verizon Avenue hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Verizon Avenue shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Verizon Avenue has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Verizon Avenue 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Telrite 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 Emergency or its Affiliates Telrite (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Telrite by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency Telrite 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 Emergency Telrite in connection with this Agreement. If Emergency or its Affiliates Telrite 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 Emergency Telrite shall provide) additional assurance of payment, including 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 Emergency Telrite in respect of any amounts to be paid by Emergency Telrite hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Telrite shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Telrite has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Telrite 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency DISH 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 Emergency DISH or its Affiliates (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency DISH by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency DISH 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 proceeding. 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 Emergency DISH in connection with this Agreement. If Emergency DISH 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 Emergency DISH shall provide) additional assurance of payment, 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 6.3 Verizon may (but is not obligated to) draw on the letter of credit upon notice to Emergency DISH in respect of any amounts to be paid by Emergency DISH hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.4 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency DISH shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.30. 6.6 6.5 Notwithstanding anything else set forth in this Agreement, if Verizon Xxxxxxx 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 Emergency DISH has provided Verizon with such assurance of payment. 6.7 6.6 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency DISH 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

Samples: Interconnection Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates MLTC (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency MLTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency MLTC in connection with this Agreement. If Emergency or its Affiliates 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 Emergency MLTC shall provide) additional assurance of payment, including 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 Emergency MLTC in respect of any amounts to be paid by Emergency MLTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency MLTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency MLTC has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Lightcore (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Lightcore by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency Lightcore in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Lightcore shall provide) additional assurance of payment, including 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.‌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 Emergency Lightcore in respect of any amounts to be paid by Emergency Lightcore hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Lightcore shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Lightcore has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Voxbeam 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 Emergency or its Affiliates Voxbeam (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Voxbeam by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency Voxbeam 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 Emergency Voxbeam in connection with this Agreement. If Emergency or its Affiliates Voxbeam 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 Emergency Voxbeam shall provide) additional assurance of payment, including 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 Emergency Voxbeam in respect of any amounts to be paid by Emergency Voxbeam hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Voxbeam shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Voxbeam has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Voxbeam 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Citrix (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Citrix by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency Citrix in connection with this Agreement. If Emergency or its Affiliates 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 Emergency Citrix shall provide) additional assurance of payment, including 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 Emergency Citrix in respect of any amounts to be paid by Emergency Citrix hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Citrix shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Citrix has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates CTT (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency CTT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency CTT in connection with this Agreement. If Emergency or its Affiliates 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 Emergency CTT shall provide) additional assurance of payment, including 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 Emergency CTT in respect of any amounts to be paid by Emergency CTT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency CTT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency CTT has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Syniverse 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 Emergency or its Affiliates Syniverse (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Syniverse by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency Syniverse 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 Emergency Syniverse in connection with this Agreement. If Emergency or its Affiliates Syniverse 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 Emergency Syniverse shall provide) additional assurance of payment, including 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 Emergency Syniverse in respect of any amounts to be paid by Emergency Syniverse hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Syniverse shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Syniverse has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Syniverse 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates PNG (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency PNG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency PNG in connection with this Agreement. If Emergency or its Affiliates 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 Emergency PNG shall provide) additional assurance of payment, including 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.‌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 Emergency PNG in respect of any amounts to be paid by Emergency PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency PNG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency PNG has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates ECI (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency ECI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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 Emergency ECI in connection with this Agreement. If Emergency or its Affiliates 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 Emergency ECI shall provide) additional assurance of payment, including 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 Emergency ECI in respect of any amounts to be paid by Emergency ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency ECI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency ECI has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: 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 VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliates, (b) on or after the Effective Date, and fails to timely pay a xxxx rendered to Emergency 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 proceeding. 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 xxxxxxxx (but not including Backbill Amounts), for the Services Services, facilities or arrangements to be provided by Verizon to Emergency XO in connection with this Agreementthe Interconnection Agreement(s). If 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 Emergency shall provide) additional assurance of payment, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to Emergency XO in respect of any amounts not subject to be paid by Emergency 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. 6.5 If Verizon draws on the letter of credit, upon request by Verizon, Emergency shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 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 Emergency has provided Verizon with such assurance of payment. 6.7 Xxxxxxx. The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Interconnection Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates CTT (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency CTT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency 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.‌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 Emergency CTT in connection with this Agreement. If Emergency or its Affiliates 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 Emergency CTT shall provide) additional assurance of payment, including 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 Emergency CTT in respect of any amounts to be paid by Emergency CTT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency CTT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency CTT has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency Neutral Tandem 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 Emergency or its Affiliates Neutral Tandem (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency charges billed by Verizon or its Affiliatesa Verizon Affiliate to Neutral Tandem that are not subject to a good faith dispute, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency charges billed by Verizon or its Affiliatesa Verizon Affiliate to Neutral Tandem 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.‌any 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 Emergency Neutral Tandem in connection with this Agreement. If Emergency or its Affiliates Neutral Tandem 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 Emergency Neutral Tandem shall provide) additional assurance of payment, including 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 Emergency Neutral Tandem in respect of any amounts to be paid by Emergency Neutral Tandem hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Neutral Tandem shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Neutral Tandem has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Neutral Tandem 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency North Atlantic 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 Emergency or its Affiliates North Atlantic (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency North Atlantic by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency North Atlantic 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 Emergency North Atlantic in connection with this Agreement. If Emergency or its Affiliates North Atlantic 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 Emergency North Atlantic shall provide) additional assurance of payment, including 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.‌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 Emergency North Atlantic in respect of any amounts to be paid by Emergency North Atlantic hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency North Atlantic shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency North Atlantic has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency North Atlantic 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Global (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Global in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Global in respect of any amounts to be paid by Emergency Global hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Global shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Global has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 3.1 Upon request by VerizonSBC ARKANSAS, Emergency shall, at any time and from time to time, CLEC will provide to Verizon SBC ARKANSAS with adequate assurance of payment of amounts due (or to become due) to Verizon hereunderSBC ARKANSAS. 6.2 3.2 Assurance of payment of charges may be requested by Verizon if Emergency or its Affiliates (a) prior to SBC ARKANSAS if: 3.2.1 at the Effective Date, Date CLEC had not already established satisfactory credit by having made a least twelve (12) consecutive months of timely payments to SBC ARKANSAS for charges incurred as a CLEC; or where CLEC is doing or has failed to timely pay done business as a xxxx rendered to Emergency by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency by Verizon or its Affiliates, (c) local service provider, 3.2.2 in Verizon’s SBC ARKANSAS’ reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthythere has been an impairment of the established credit, financial health, or credit worthiness of CLEC. Such impairment will be determined from information available from financial sources, including but not limited to Moody's, Standard and Poor's, and the Wall Street Journal. Financial information about CLEC that may be considered includes, but is not limited to, investor Page 13 of 533 Interconnection Agreement-ARKANSAS/SOUTHWESTERN BELL TELEPHONE, L.P. warning briefs, rating downgrades, and articles discussing pending credit problems, SBC will take into account the entirety of the circumstances and act in a in a commercially reasonable manner; or 3.2.3 CLEC fails to timely pay a bill rendered to CLEC by SBC ARKANSAS (d) except such portion of a bill that is subject to a good faith, bona fide dispute and as to which CLEC has complied with all requirements set forth in Section 9.4); or 3.2.4 CLEC admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a an involuntary 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 3.3 Unless otherwise agreed by the Parties, the assurance of payment shall will, at SBC ARKANSAS’ option, consist of of: 3.3.1 a cash security deposit in U.S. dollars held by SBC ARKANSAS (“Cash Deposit”) or 3.3.2 an unconditional, irrevocable standby bank letter of credit from a financial institution acceptable to SBC ARKANSAS naming Verizon SBC ARKANSAS as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. SBC ARKANSAS (“Letter of Credit”). 3.4 The letter Cash Deposit or Letter of credit shall Credit must be in an amount equal to two three (23) months anticipated charges (including, but not limited to, both recurring and recurring, non-recurring and usage sensitive charges, termination charges and advance payments), as reasonably determined by VerizonSBC ARKANSAS, for the Services Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, Collocation or any other functions, facilities, products or services to be provided furnished by Verizon to Emergency in connection with SBC ARKANSAS under this Agreement. If Emergency or its Affiliates meets . 3.5 To the condition extent that SBC ARKANSAS elects to require a Cash Deposit, the Parties intend that the provision of such Cash Deposit shall constitute the grant of a security interest in subsection 6.2(d) above or has failed the Cash Deposit pursuant to timely pay two or more bills rendered by Verizon or a Verizon Affiliate Article 9 of the Uniform Commercial Code in effect in any twelve (12)-month periodrelevant jurisdiction. 3.6 A Cash Deposit will accrue simple interest; however, Verizon SBC ARKANSAS will not pay interest on a Letter of Credit. 3.7 SBC ARKANSAS may, at its option, demand (and Emergency shall provide) additional assurance of payment, 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 Verizon may (but is not obligated to) , draw on the letter Letter of credit Credit or the Cash Deposit, as applicable, upon notice to Emergency in respect the occurrence of any amounts to be paid by Emergency hereunder one of the following events: Interconnection Agreement-ARKANSAS/SOUTHWESTERN BELL TELEPHONE, L.P. 7.1 CLEC owes SBC ARKANSAS undisputed charges under this Agreement that are not paid within more than thirty (30) calendar days of the date that payment of such amounts is required by this Agreement. 6.5 If Verizon draws on the letter of credit, upon request by Verizon, Emergency shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 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 Emergency has provided Verizon with such assurance of payment. 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve 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.past due; or

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency 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 Emergency or its Affiliates MHT (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency MHT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 VerizonXxxxxxx, for the Services to be provided by Verizon to Emergency MHT in connection with this Agreement. If Emergency or its Affiliates 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 Emergency MHT shall provide) additional assurance of payment, including 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 Emergency MHT in respect of any amounts to be paid by Emergency MHT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency MHT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency MHT has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency First 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 Emergency or its Affiliates First Comm (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency First Comm by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency First Comm 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 Emergency First Comm in connection with this Agreement. If Emergency or its Affiliates First 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 Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency First Comm shall provide) additional assurance of payment, including 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 Emergency First Comm in respect of any amounts to be paid by Emergency First Comm hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency First Comm shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency First Comm has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency First 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency CPV 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 Emergency or its Affiliates CPV (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency CPV by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency CPV 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 Emergency CPV in connection with this Agreement. If Emergency or its Affiliates CPV 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 Emergency CPV shall provide) additional assurance of payment, including 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 Emergency CPV in respect of any amounts to be paid by Emergency CPV hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency CPV shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency CPV has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency CPV 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates 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 xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Budget Phone in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Budget Phone in respect of any amounts to be paid by Emergency Budget Phone hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Budget Phone shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Budget Phone has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency API 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 Emergency or its Affiliates API (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency API by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency API 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 Emergency API in connection with this Agreement. If Emergency or its Affiliates API 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 Emergency API shall provide) additional assurance of payment, including 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 Emergency API in respect of any amounts to be paid by Emergency API hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency API shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency API has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency API 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency QuantumShift 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 Emergency or its Affiliates QuantumShift (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency QuantumShift by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency QuantumShift 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 Emergency QuantumShift in connection with this Agreement. If Emergency or its Affiliates QuantumShift 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 Emergency QuantumShift shall provide) additional assurance of payment, including 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 Emergency QuantumShift in respect of any amounts to be paid by Emergency QuantumShift hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency QuantumShift shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency QuantumShift has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency QuantumShift 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

Samples: Amended, Extended and Restated Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency shall, at any time and from time to time, BitWise 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 Emergency or its Affiliates BitWise (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx rendered to BitWise 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.‌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 Emergency BitWise in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency BitWise in respect of any amounts to be paid by Emergency BitWise hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency BitWise shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency BitWise has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency BitWise 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency shall, at any time and from time to time, Buckeye 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 Emergency or its Affiliates Buckeye (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx rendered to Buckeye 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 Emergency Buckeye in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Buckeye in respect of any amounts to be paid by Emergency Buckeye hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Buckeye shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Buckeye has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Buckeye 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency CenturyLink 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 Emergency or its Affiliates CenturyLink (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency CenturyLink by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency CenturyLink 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 Emergency CenturyLink in connection with this Agreement. If Emergency or its Affiliates CenturyLink 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 Emergency CenturyLink shall provide) additional assurance of payment, including 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 Emergency CenturyLink in respect of any amounts to be paid by Emergency CenturyLink hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency CenturyLink shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency CenturyLink has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency CenturyLink 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

Samples: Interconnection Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency GCTC 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 Emergency or its Affiliates GCTC (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency GCTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency GCTC 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 Emergency GCTC in connection with this Agreement. If Emergency or its Affiliates GCTC 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 Emergency GCTC shall provide) additional assurance of payment, including 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 Emergency GCTC in respect of any amounts to be paid by Emergency GCTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency GCTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency GCTC has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency GCTC 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency Princeton 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 Emergency or its Affiliates Princeton (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Princeton by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency Princeton 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 VerizonXxxxxxx, for the Services to be provided by Verizon to Emergency Princeton in connection with this Agreement. If Emergency or its Affiliates Princeton 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 Emergency Princeton shall provide) additional assurance of payment, including 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 Emergency Princeton in respect of any amounts to be paid by Emergency Princeton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Princeton shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon Xxxxxxx 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 Emergency Princeton has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Princeton 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency Ygnition 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 Emergency or its Affiliates Ygnition (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Ygnition by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency Ygnition 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 Emergency Ygnition in connection with this Agreement. If Emergency or its Affiliates Ygnition 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 Emergency Ygnition shall provide) additional assurance of payment, including 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 Emergency Ygnition in respect of any amounts to be paid by Emergency Ygnition hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Ygnition shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Ygnition has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Ygnition 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency Marion 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 Emergency or its Affiliates Marion (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Xxxxxx by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency Xxxxxx 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 VerizonXxxxxxx, for the Services to be provided by Verizon to Emergency Xxxxxx in connection with this Agreement. If Emergency or its Affiliates Xxxxxx 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 Emergency Xxxxxx shall provide) additional assurance of payment, including 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 Emergency Xxxxxx in respect of any amounts to be paid by Emergency Xxxxxx hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Marion shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon Xxxxxxx 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 Emergency Xxxxxx has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Xxxxxx 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency shall, at any time and from time to time, STG 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 Emergency or its Affiliates STG (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a bill rendered to STG 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.‌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 VerizonXxxxxxx, for the Services to be provided by Verizon to Emergency STG in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency STG in respect of any amounts to be paid by Emergency STG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency STG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency STG has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency STG 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

Samples: Telecommunications

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency InteleTel or its Affiliates (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency InteleTel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency 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.‌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 Emergency InteleTel in connection with this Agreement. If Emergency 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 Emergency InteleTel shall provide) additional assurance of payment, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to Emergency InteleTel in respect of any amounts to be paid by Emergency InteleTel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 If Verizon draws on the letter of credit, upon request by Verizon, Emergency InteleTel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 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 Emergency InteleTel has provided Verizon with such assurance of payment. 6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency Denali 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 Emergency or its Affiliates Denali (a) prior to the Effective Date, has failed to timely pay a xxxx rendered to Emergency Denali by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Emergency Denali 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 Emergency Denali in connection with this Agreement. If Emergency or its Affiliates Denali 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 Emergency Denali shall provide) additional assurance of payment, including 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 Emergency Denali in respect of any amounts to be paid by Emergency Denali hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, Emergency Denali shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Denali has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Denali 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

Samples: Interim Agreement

Assurance of Payment. 6.1 Upon request by Verizon, Emergency 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 Emergency or its Affiliates Best (a) prior to in Verizon’s reasonable judgment, at the Effective DateDate or at any time thereafter, has failed to timely pay a xxxx rendered to Emergency by Verizon or its Affiliatesdoes not have established credit with Verizon, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (c) fails to timely pay a xxxx 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.‌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 Emergency Best in connection with this Agreement. . 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 in effect in any relevant jurisdiction. 6.5 If Emergency payment of interest on a cash deposit is required by an applicable Verizon Tariff or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered 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 a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Emergency shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined the interest rate required by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Applicable Law. 6.4 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to Emergency Best in respect of any amounts to be paid by Emergency Best hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of creditcredit or cash deposit, upon request by Verizon, Emergency Best shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.36.2. 6.6 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 Emergency Best has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency 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

Samples: Service Agreement

Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, Emergency Voxbeam 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 Emergency or its Affiliates Voxbeam (a) prior to the Effective Date, has failed to timely pay a xxxx bill rendered to Emergency Voxbeam by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx bill rendered to Emergency Voxbeam 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 Emergency Voxbeam in connection with this Agreement. If Emergency or its Affiliates Voxbeam 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 Emergency Voxbeam shall provide) additional assurance of payment, including 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 Emergency Voxbeam in respect of any amounts to be paid by Emergency Voxbeam hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, Emergency Voxbeam shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 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 Emergency Voxbeam has provided Verizon with such assurance of payment. 6.7 6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Emergency Voxbeam 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

Samples: Telecommunications

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