Assurance of Payment. 6.1 Upon request by Verizon, 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 D&E (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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. 6.3 Unless otherwise agreed by the Parties, the assurance of payment 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 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law. 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E in respect of any amounts to be paid by D&E hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2. 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E has provided Verizon with such assurance of payment. 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve 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, D&E shall 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 D&E Emergency or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Emergency by Verizon or at any time thereafter, does not have established credit with Verizonits 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, (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, at Verizon’s option, 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 D&E 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 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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Emergency in respect of any amounts to be paid by D&E Emergency hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Emergency shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Emergency has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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
Assurance of Payment. 6.1 Upon request by Verizon, D&E 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 D&E PCS (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 PCS by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E PCS in respect of any amounts to be paid by D&E PCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E PCS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E PCS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E CBB (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to CBB by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to CBB by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E CBB in connection with this Agreement. If CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and CBB shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E CBB in respect of any amounts to be paid by D&E CBB hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E CBB shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E CBB has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E VNCI (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to VNCI by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E VNCI in connection with this Agreement. If 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 VNCI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E VNCI in respect of any amounts to be paid by D&E VNCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E VNCI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E VNCI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E CSTC (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to CSTC by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E CSTC in connection with this Agreement. If 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 CSTC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E CSTC in respect of any amounts to be paid by D&E CSTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E CSTC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E CSTC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 VerizonXxxxxxx, D&E shall 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 D&E New Horizons
(a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to New Horizons by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E New Horizons in connection with this Agreement. If 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 New Horizons shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E New Horizons in respect of any amounts to be paid by D&E New Horizons hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E New Horizons shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E New Horizons has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Covista (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Covista by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Covista in connection with this Agreement. If 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 Covista shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Covista in respect of any amounts to be paid by D&E Covista hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E Covista shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Covista has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Covista from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 2 contracts
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E shall 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 D&E Cost Plus (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Cost Plus by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Cost Plus in connection with this Agreement. If 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 Cost Plus shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Cost Plus in respect of any amounts to be paid by D&E Cost Plus hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Cost Plus shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Cost Plus has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E shall 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 D&E Ymax (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Ymax by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Ymax in connection with this Agreement. If 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 Ymax shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Ymax in respect of any amounts to be paid by D&E Ymax hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Ymax shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Ymax has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 VerizonXxxxxxx, D&E shall 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 D&E Xxxxxxxxxx (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Airespring by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Airespring in connection with this Agreement. If 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 Airespring shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Xxxxxxxxxx in respect of any amounts to be paid by D&E Xxxxxxxxxx hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E Airespring shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Airespring has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Easton (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Easton by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Easton in connection with this Agreement. If 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 Easton shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Easton in respect of any amounts to be paid by D&E Easton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Easton shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Easton has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E shall 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 D&E Globetel (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Globetel by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Globetel in connection with this Agreement. If 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 Globetel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Globetel in respect of any amounts to be paid by D&E Globetel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Globetel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Globetel has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Ymax (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Ymax by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Ymax in connection with this Agreement. If 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 Ymax shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Ymax in respect of any amounts to be paid by D&E Xxxx hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E Ymax shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Ymax has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E BTLLC (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 BTLLC by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E BTLLC in respect of any amounts to be paid by D&E BTLLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E BTLLC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection and BTLLC fails to provide such assurance of payment within thirty (30) days after it is requested, then following the expiration of such thirty (30) day period Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E BTLLC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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: Telecommunications, Service Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E 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 D&E Talk Unlimited
(a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 bill rendered to D&E Talk Unlimited by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Talk Unlimited in respect of any amounts to be paid by D&E Talk Unlimited hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Talk Unlimited shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Talk Unlimited has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve D&E 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, D&E shall 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 D&E FTCS (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to FTCS by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E FTCS in connection with this Agreement. If 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 FTCS shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E FTCS in respect of any amounts to be paid by D&E FTCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E FTCS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E FTCS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E ATI (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to ATI by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E ATI in connection with this Agreement. If 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 ATI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E ATI in respect of any amounts to be paid by D&E ATI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E ATI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
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 D&E ATI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E WCS (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to WCS by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E WCS in connection with this Agreement. If 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 WCS shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E WCS in respect of any amounts to be paid by D&E WCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E WCS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E WCS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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: Service Agreement, Telecommunications
Assurance of Payment. 6.1 7.1 Upon request by VerizonXxxxx, D&E 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 D&E TCA (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) in Verizon’s Xxxxx’x reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (cb) fails to timely pay a xxxx bill rendered to D&E TCA by VerizonXxxxx, or (dc) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against itit which is not withdrawn within thirty (30) days) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 VerizonXxxxx. 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 VerizonXxxxx, for the Services to be provided by Verizon Xxxxx to D&E TCA in connection with this Agreement.
6.4 7.3 To the extent that Verizon 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 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, interest 7.4 Interest will be paid on any such cash all sums held on deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Lawpursuant to KRS 278.460.
6.6 Verizon 7.5 Xxxxx may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E TCA in respect of any amounts to be paid by D&E TCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 7.6 If Verizon Xxxxx draws on the letter of credit or cash deposit, upon request by VerizonXxxxx, D&E TCA shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.27.2.
6.8 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 D&E TCA has provided Verizon Xxxxx with such assurance of payment.
6.9 7.8 The fact that a deposit or a letter of credit is requested by Verizon Xxxxx hereunder shall in no way relieve D&E 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, D&E shall 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 D&E ENT (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to ENT by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E ENT in connection with this Agreement. If 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 ENT shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E ENT in respect of any amounts to be paid by D&E ENT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E ENT shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E ENT has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Upon request by VerizonXxxxxxx, D&E 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 D&E Rhythms (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 bill rendered to D&E Rhythms by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Rhythms in respect of any amounts to be paid by D&E Rhythms hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Rhythms shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment and Rhythms fails to provide such payment in 30 days in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Rhythms has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E 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 D&E NUI (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 NUI by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E NUI in respect of any amounts to be paid by D&E NUI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E NUI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.6.3
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E NUI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E shall 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 D&E MMG (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to MMG by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E MMG in connection with this Agreement. If 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 MMG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E MMG in respect of any amounts to be paid by D&E MMG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E MMG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E MMG has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E shall 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 D&E PNG (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to PNG by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E PNG in connection with this Agreement. If 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 PNG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E PNG in respect of any amounts to be paid by D&E PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E PNG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E PNG has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 VerizonXxxxxxx, D&E 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 D&E GNAPs (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with VerizonXxxxxxx, (b) 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 bill rendered to D&E GNAPs by VerizonXxxxxxx, 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, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E GNAPs in respect of any amounts to be paid by D&E GNAPs hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E GNAPs shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E GNAPs has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Connectel (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Connectel by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Connectel in connection with this Agreement. If 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 Connectel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Connectel in respect of any amounts to be paid by D&E Connectel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Connectel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Connectel has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E Z-Tel (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 Z-Tel by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Z-Tel in respect of any amounts to be paid by D&E Z-Tel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon either Party draws on the letter of credit or cash deposit, upon request by Verizon, D&E Z-Tel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Z-Tel has provided Verizon with such assurance of paymentpayment has been made.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E shall 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 D&E KDL (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to KDL by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E KDL in connection with this Agreement. If 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 KDL shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E KDL in respect of any amounts to be paid by D&E KDL hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E KDL shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E KDL has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E PW (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to PW by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E PW in connection with this Agreement. If 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 PW shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E PW in respect of any amounts to be paid by D&E PW hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E PW shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E PW has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E FairPoint (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to FairPoint by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E FairPoint in connection with this Agreement. If FairPoint 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 FairPoint shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E FairPoint in respect of any amounts to be paid by D&E FairPoint hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E FairPoint shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection 6.8, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E FairPoint has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E Reconex (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 Reconex by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Reconex in respect of any amounts to be paid by D&E Reconex hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Reconex shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Reconex has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 VerizonXxxxxxx, D&E shall 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 D&E ECI (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to ECI by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E ECI in connection with this Agreement. If 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 ECI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E ECI in respect of any amounts to be paid by D&E ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E ECI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E ECI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 (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, D&E shall 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 D&E and fails to cure such nonpayment within five (a5) in business days of Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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, written notice of nonpayment or (dii) XO admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts reorganization or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 . Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 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 D&E XO 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Interconnection Agreement(s). Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E XO in respect of any amounts not subject to be paid by D&E a bona fide dispute billed hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required the applicable statement of charges prepared by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E has provided Verizon with such assurance of payment.
6.9 Xxxxxxx. The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E CenturyLink (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to CenturyLink by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E CenturyLink in connection with this Agreement. If CenturyLink 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 CenturyLink shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E CenturyLink in respect of any amounts to be paid by D&E CenturyLink hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E CenturyLink shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E CenturyLink has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E GCTC (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to GCTC by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E GCTC in connection with this Agreement. If 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 GCTC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E GCTC in respect of any amounts to be paid by D&E GCTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E GCTC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E GCTC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Princeton (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Princeton by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 VerizonXxxxxxx, for the Services to be provided by Verizon to D&E Princeton in connection with this Agreement. If 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 Princeton shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Princeton in respect of any amounts to be paid by D&E Princeton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E Princeton shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
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 D&E Princeton has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E API (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to API by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E API in connection with this Agreement. If 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 API shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E API in respect of any amounts to be paid by D&E API hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E API shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E API has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E Buckeye (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 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.proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Buckeye in respect of any amounts to be paid by D&E Buckeye hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Buckeye shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Buckeye has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E IG2 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 D&E IG2 (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 IG2 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, 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 D&E IG2 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E IG2 in respect of any amounts to be paid by D&E IG2 hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E IG2 shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E IG2 has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E IG2 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, D&E shall dishNet shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E dishNet or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to dishNet by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (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, at Verizon’s option, 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 D&E dishNet in connection with this Agreement.. If dishNet or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet 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 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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E dishNet in respect of any amounts to be paid by D&E dishNet hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E dishNet shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter Section and DishNet fails to perform under this Agreement until such time as D&E has provided Verizon with provide such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by payment to Verizon hereunder shall in no way relieve 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.within ten
Appears in 1 contract
Samples: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall 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 D&E Princeton (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Princeton by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Princeton in connection with this Agreement. If 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 Princeton shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Princeton in respect of any amounts to be paid by D&E Princeton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Princeton shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Princeton has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E NOS (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 NOS by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E NOS in respect of any amounts to be paid by D&E NOS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E NOS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E NOS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 VerizonXxxxxxx, D&E shall NHC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E NHC (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to NHC by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to NHC by Verizon or its Affiliates, (c) in Verizon’s reasonable Verizon rseasonable 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E NHC in connection with this Agreement. If NHC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and NHC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E NHC in respect of any amounts to be paid by D&E NHC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E NHC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E NHC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E NHC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Interconnection Agreement
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall 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 D&E ECI (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to ECI by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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, at Verizon’s option, 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 D&E ECI in connection with this Agreement.. If 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 ECI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E ECI in respect of any amounts to be paid by D&E ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E ECI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E ECI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, D&E 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 D&E STG (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 bill rendered to D&E 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E STG in respect of any amounts to be paid by D&E STG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E STG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E STG has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E CPV (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to CPV by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E CPV in connection with this Agreement. If 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 CPV shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E CPV in respect of any amounts to be paid by D&E CPV hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E CPV shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E CPV has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E Budget Phone
(a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 Budget Phone by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Budget Phone in respect of any amounts to be paid by D&E Budget Phone hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Budget Phone shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Budget Phone has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E API (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to API by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E API in connection with this Agreement. If 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 API shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E API in respect of any amounts to be paid by D&E API hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E API shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E API has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E ICG (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 ICG by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E ICG in respect of any amounts to be paid by D&E ICG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement; provided that, if within five (5) days after receiving Verizon’s notice ICG gives notice to Verizon pursuant to Section 14 of the General Terms and Conditions that ICG denies that it is obligated to pay an amount claimed by Verizon, Verizon will not draw on the letter of credit or cash deposit to pay such amount for a period of thirty (30) days following Verizon’s receipt of such notice from ICG.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E ICG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection 6 and ICG fails to provide such assurance of payment within thirty (30) days after it is requested, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E ICG has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E BullsEye 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 D&E BullsEye (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 BullsEye 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, 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 D&E BullsEye 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E BullsEye in respect of any amounts to be paid by D&E BullsEye hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E BullsEye shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.6.3
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E BullsEye has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E BullsEye 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 written request by VerizonXxxxxxx, D&E shall NLG 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 D&E NLG (a) prior to the Effective Date, has failed to timely pay a bill (in respect of amounts not subject to a bona fide dispute) rendered to NLG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill (in respect of amounts not subject to a bona fide dispute) rendered to NLG by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafterthereaft er, 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. Xxxxxxx’s written request for assurance of payment will identify the reason(s) why Verizon is requesting assurance of payment.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 that is acceptable to VerizonVerizon and not an Affiliate of either Party. 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 D&E NLG in connection with this Agreement. If NLG meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills (in respect of amounts not subject to a bona fide dispute) rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, require (and NLG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Upon notice to NLG, Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E in respect of any amounts (not subject to bona fide dispute) to be paid by D&E NLG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E NLG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then NLG shall have ten (10) calendar days, after receipt of Verizon’s request, to provde the requested assurance of payment, and Verizon shall have no obligation thereafter after such ten (10) calendar day period to perform under this Agreement until such time as D&E NLG has provided Verizon with such assurance of payment.payment or until otherwise ordered by a court of competent jurisdiction..
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E NLG 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, D&E 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 D&E NTE (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E NTE in respect of any amounts to be paid by D&E NTE hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E NTE shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E NTE has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E Phone-Link shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E Phone-Link (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 Phone- Link by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E Phone-Link 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Phone-Link in respect of any amounts to be paid by D&E Phone-Link hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Phone-Link shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Phone-Link has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Phone-Link from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall CCI 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 D&E CCI (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to CCI by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to CCI 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 VerizonXxxxxxx, for the Services to be provided by Verizon to D&E CCI in connection with this Agreement. If CCI 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 CCI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E CCI in respect of any amounts to be paid by D&E CCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E CCI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E CCI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E CCI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E shall Prospeed 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 D&E Prospeed (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Prospeed by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Prospeed 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Prospeed in connection with this Agreement. If Prospeed 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 Prospeed shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Prospeed in respect of any amounts to be paid by D&E Prospeed hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Prospeed shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Prospeed has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Prospeed from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Assurance of Payment. 6.1 Upon request by Verizon, D&E BullsEye 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 D&E BullsEye (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 BullsEye 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, 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 D&E BullsEye 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E BullsEye in respect of any amounts to be paid by D&E BullsEye hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E BullsEye shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.6.3
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E BullsEye has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E BullsEye 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, D&E Equal Access shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E Equal Access
(a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 Equal Access by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E Equal Access 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Equal Access in respect of any amounts to be paid by D&E Equal Access hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Equal Access shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Equal Access has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Equal Access from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Telecommunications
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E shall 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 D&E MHT (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to MHT by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 VerizonXxxxxxx, for the Services to be provided by Verizon to D&E MHT in connection with this Agreement. If 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 MHT shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E MHT in respect of any amounts to be paid by D&E MHT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E MHT shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E MHT has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E First Comm (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to First Comm by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E First Comm in connection with this Agreement. If 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 First Comm shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E First Comm in respect of any amounts to be paid by D&E First Comm hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E First Comm shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E First Comm has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E InteleTel or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to InteleTel by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E InteleTel in connection with this Agreement. If 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 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.
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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E InteleTel in respect of any amounts to be paid by D&E InteleTel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E InteleTel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E InteleTel has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Global Link (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Global Link by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Global Link in connection with this Agreement. If 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 Global Link shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Global Link in respect of any amounts to be paid by D&E Global Link hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Global Link shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Global Link has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E TNCI (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to TNCI by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E TNCI in connection with this Agreement. If 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 TNCI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E TNCI in respect of any amounts to be paid by D&E TNCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E TNCI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E TNCI has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall Quality Tel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E Quality Tel (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Quality Tel by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Quality Tel by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Quality Tel in connection with this Agreement. If Quality Tel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Quality Tel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Quality Tel in respect of any amounts to be paid by D&E Quality Tel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Quality Tel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Quality Tel has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Quality Tel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.herein
Appears in 1 contract
Samples: Telecommunications
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E shall 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 D&E DISH or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to DISH by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) in Verizon’s reasonable on or after the Effective Date, fails to timely pay a bill rendered to DISH 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.
6.3 . Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E DISH in connection with this Agreement. If 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 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.
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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 6.3 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E DISH in respect of any amounts to be paid by D&E DISH hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.4 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E DISH shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.20.
6.8 6.5 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E DISH has provided Verizon with such assurance of payment.
6.9 6.6 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Telrite (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Telrite by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Telrite in connection with this Agreement. If 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 Telrite shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Telrite in respect of any amounts to be paid by D&E Telrite hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Telrite shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Telrite has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E IG2 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 D&E IG2 (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 IG2 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, 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 D&E IG2 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E IG2 in respect of any amounts to be paid by D&E IG2 hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E IG2 shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E IG2 has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E IG2 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, D&E shall 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 D&E PNG (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to PNG by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E PNG in connection with this Agreement. If 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 PNG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E PNG in respect of any amounts to be paid by D&E PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E PNG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection and if such assurance of payment is not provided within fifteen (15) days of Verizon’s request, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E PNG has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall Marathon shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E Marathon (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Marathon by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Marathon by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Marathon in connection with this Agreement. If Marathon meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Marathon shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Marathon in respect of any amounts to be paid by D&E Marathon hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Marathon shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Marathon has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve 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 1 contract
Samples: Service Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E Prepaid 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 D&E Prepaid (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with VerizonXxxxxxx, (b) 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 bill rendered to D&E Prepaid by VerizonXxxxxxx, 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, 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 D&E Prepaid 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Prepaid in respect of any amounts to be paid by D&E Prepaid hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Prepaid shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Prepaid has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Prepaid 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, 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 D&E (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment 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 nonrecurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E in respect of any amounts to be paid by D&E hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve 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 1 contract
Samples: Agreement (D&e Communications Inc)
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E BTI 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 D&E BTI (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 bill rendered to D&E BTI by VerizonVerizon (except such portion of a bill that is subject to a good faith, bona fide dispute and as to which BTI has complied with the notice and other provisions of Section 9.4), 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, 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 D&E BTI 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest Interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Lawaccordance with state requirements for end user deposits.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E BTI in respect of any amounts to be paid by D&E BTI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E BTI shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E BTI has provided Verizon with such assurance of payment; provided, however, that Verizon shall give BTI a minimum of ten (10) business days to respond to a request for assurance of payment before invoking this paragraph.
6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve D&E BTI 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, D&E shall 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 D&E NL (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to NL by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E NL in connection with this Agreement. If 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 NL shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E NL in respect of any amounts to be paid by D&E NL hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E NL shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E NL has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E PN (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to PN by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E PN in connection with this Agreement. If 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 PN shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E PN in respect of any amounts to be paid by D&E PN hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E PN shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E PN has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E Teleconex (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment 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 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Teleconex in respect of any amounts to be paid by D&E Teleconex hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Teleconex shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Teleconex has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 Verizon, D&E 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 D&E Verizon Avenue (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Verizon Avenue in respect of any amounts to be paid by D&E Verizon Avenue hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Verizon Avenue shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Verizon Avenue has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall Airus shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E Airus or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Airus by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Airus by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Airus in connection with this Agreement. If Airus or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Airus 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 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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Airus in respect of any amounts to be paid by D&E Airus hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Airus shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Airus has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Airus from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Service Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E 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 D&E VarTec (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with VerizonXxxxxxx, (b) 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 bill rendered to D&E VarTec by VerizonXxxxxxx, 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, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E VarTec in respect of any amounts to be paid by D&E VarTec hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E VarTec shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E VarTec has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Synergem or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Synergem by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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, at Verizon’s option, 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 D&E Synergem in connection with this Agreement. If 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 Synergem 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 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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Synergem in respect of any amounts to be paid by D&E Synergem hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Synergem shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Synergem has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Smartrak (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Smartrak by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Smartrak in connection with this Agreement. If 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 Smartrak shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Smartrak in respect of any amounts to be paid by D&E Smartrak hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Smartrak shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Smartrak has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E CTT (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to CTT by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E CTT in connection with this Agreement. If 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 CTT shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E CTT in respect of any amounts to be paid by D&E CTT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E CTT shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E CTT has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall BLC 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 D&E BLC (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to BLC by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to BLC 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E BLC in connection with this Agreement. If BLC 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 BLC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E BLC in respect of any amounts to be paid by D&E BLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E BLC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E BLC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E BLC 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 Covad shall provide to Verizon, adequate assurance of payment of amounts due (or to become due) to Verizon under the Amended Agreement in the applicable State.
(b) Upon request by Verizon, D&E shall Covad 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) Covad 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 D&E and fails to cure such nonpayment within five (a5) in business days of Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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, written notice of nonpayment or (dii) Covad admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts reorganization or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 . Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 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 D&E Covad 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Interconnection Agreement(s). Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Covad in respect of any amounts not subject to be paid by D&E a bona fide dispute billed hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter applicable statement of credit or cash deposit, upon request charges prepared by Verizon, D&E shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E has provided Verizon with such assurance of payment.
6.9 . The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Covad 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 sums (not subject to a bona fide dispute) due to Verizon for the Services, facilities or arrangements rendered.
(c) If Covad has provided assurance of payment to Verizon pursuant to the terms of which is required by this AgreementSection 7, but at least twelve (12) months have passed since the provision of such assurance of payment without the occurrence of a non-payment triggering event (i.e., as set forth in Sections 7(b)(i)(A) or 7(b)(i)(B) above), then upon written request from Covad, Verizon shall return to Covad such assurance of payment.
Appears in 1 contract
Samples: Interconnection Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E shall 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 D&E Navtel (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill (in respect of amounts not subject to a good faith dispute) rendered to Navtel by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill (in respect of amounts not subject to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Navtel in connection with this Agreement. If 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 Navtel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Navtel in respect of any amounts to be paid by D&E 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.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E Navtel shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Navtel has provided Verizon with such assurance of payment; provided, however that Verizon shall give Navtel a minimum of seven (7) calendar days to respond to a request for assurance of payment before invoking this paragraph.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 VerizonXxxxxxx, D&E shall SLT 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 D&E SLT (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to SLT by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to SLT 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 VerizonXxxxxxx, for the Services to be provided by Verizon to D&E SLT in connection with this Agreement. If SLT 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 SLT shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E SLT in respect of any amounts to be paid by D&E SLT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E SLT shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E SLT has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E SLT 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, D&E shall Xxxxxxx 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 D&E Xxxxxxx (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Xxxxxxx by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to Xxxxxxx 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Xxxxxxx in connection with this Agreement. If Xxxxxxx 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 Xxxxxxx shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Xxxxxxx in respect of any amounts to be paid by D&E Xxxxxxx hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Xxxxxxx shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Xxxxxxx has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Xxxxxxx 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, D&E NTC shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E NTC (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 NTC by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E NTC 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E NTC in respect of any amounts to be paid by D&E NTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E NTC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E NTC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E NTC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Telecommunications
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, D&E Snappy 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 D&E Snappy Phone
(a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 bill rendered to D&E Snappy Phone by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E Snappy 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Snappy Phone in respect of any amounts to be paid by D&E Snappy Phone hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E Snappy Phone shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Snappy Phone has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Snappy 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, D&E OneStar shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E OneStar (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 OneStar by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E OneStar 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E OneStar in respect of any amounts to be paid by D&E OneStar hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E OneStar shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E OneStar has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E OneStar from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Telecommunications
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall Airus shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E Airus or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Airus by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) in Verizon’s reasonable on or after the Effective Date, fails to timely pay a xxxx rendered to Airus by V 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Airus in connection with this Agreement. If Airus or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and Airus 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 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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Airus in respect of any amounts to be paid by D&E Airus hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Airus shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Airus has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E Airus from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall InterGlobe 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 D&E InterGlobe (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to InterGlobe by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to InterGlobe 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E InterGlobe in connection with this Agreement. If InterGlobe 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 InterGlobe shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E InterGlobe in respect of any amounts to be paid by D&E InterGlobe hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E InterGlobe shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E InterGlobe has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E InterGlobe 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, D&E shall 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 D&E MLTC (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to MLTC by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E MLTC in connection with this Agreement. If 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 MLTC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E MLTC in respect of any amounts to be paid by D&E MLTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E MLTC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E MLTC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 written request by Verizon, D&E shall 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 D&E Intrado Comm
(a) in prior to the Effective Date, has failed to timely pay charges billed to Intrado Comm by Verizon or Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does ILEC Affiliates that are not have established credit with Verizonsubject to a good faith dispute, (b) on or after the Effective Date, fails to timely pay charges billed to Intrado Comm by Verizon or Verizon’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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Intrado Comm in connection with this Agreement. If 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 Intrado Comm shall provide commencing within ten (10) days) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon written notice to D&E Intrado Comm in respect of any amounts to be paid by D&E Intrado Comm hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon written request by Verizon, D&E Intrado Comm shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E has provided Verizon with Section and such assurance of payment.payment is not provided within ten (10) days after Verizon
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Genesis or its Affiliates (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to Genesis by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Genesis in connection with this Agreement. If 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 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.
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 Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Genesis in respect of any amounts to be paid by D&E Genesis hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 6.5 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Genesis shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Genesis has provided Verizon with such assurance of payment.
6.9 6.7 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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 VerizonXxxxxxx, D&E shall BLC 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 D&E BLC (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to BLC by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to BLC by Verizon or its Affiliates, (c) in Verizon’s 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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E BLC in connection with this Agreement. If BLC 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 BLC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E BLC in respect of any amounts to be paid by D&E BLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by VerizonXxxxxxx, D&E BLC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E BLC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E BLC 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, D&E 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 D&E NOS (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 bill rendered to D&E NOS by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E NOS in respect of any amounts to be paid by D&E NOS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E NOS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E NOS has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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: Service Agreement
Assurance of Payment. 6.1 Upon request by Verizon, D&E shall 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 D&E MLTC (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to MLTC by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E MLTC in connection with this Agreement. If 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 MLTC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E MLTC in respect of any amounts to be paid by D&E MLTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E MLTC shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E MLTC has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E shall 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 D&E Lightcore (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a bill rendered to Lightcore by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to 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, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E Lightcore in connection with this Agreement. If 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 Lightcore shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E Lightcore in respect of any amounts to be paid by D&E Lightcore hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E Lightcore shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E Lightcore has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E 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, D&E 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 D&E ICG (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) 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 bill rendered to D&E ICG by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or 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 D&E 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 payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law.
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E ICG in respect of any amounts to be paid by D&E ICG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement; provided that, if within five (5) days after receiving Verizon’s notice ICG gives notice to Verizon pursuant to Section 14 of the General Terms and Conditions that ICG denies that it is obligated to pay an amount claimed by Verizon, Verizon will not draw on the letter of credit or cash deposit to pay such amount for a period of thirty (30) days following Verizon’s receipt of such notice from ICG.
6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, D&E ICG shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this SectionSection 6 and ICG fails to provide such assurance of payment within thirty (30) days after it is requested, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E ICG has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon Xxxxxxx hereunder shall in no way relieve D&E 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, D&E shall iNetworks shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if D&E iNetworks (a) in Verizon’s reasonable judgment, at prior to the Effective Date Date, has failed to timely pay a xxxx rendered to iNetworks by Verizon or at any time thereafter, does not have established credit with Verizonits Affiliates, (b) on or after the Effective Date, fails to timely pay a xxxx rendered to iNetworks by Verizon or its Affiliates, (c) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (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.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, 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 D&E iNetworks in connection with this Agreement. If iNetworks meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and iNetworks shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.
6.4 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[Intentionally Left Blank].
6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law[Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to D&E iNetworks in respect of any amounts to be paid by D&E iNetworks hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash depositcredit, upon request by Verizon, D&E iNetworks shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.26.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as D&E iNetworks has provided Verizon with such assurance of payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve D&E iNetworks from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Service Agreement