City Approval Required. The ownership and Control (as defined in § 1.13 above) of the Company as of the date of execution of this Agreement is set forth in Appendix D hereof. Subject to the provisions of this Article, each of the following shall be subject to the prior approval of DoITT and the FCRC: (i) any sale, assignment or transfer of the Company's interest in this Agreement, the System, or the Franchise granted hereunder, and (ii) any other transaction in which a change in “Control” (of the Company, the System, or the Franchise granted hereunder) would occur, as determined by XxXXX; provided, however, that the foregoing requirements of this § 7.1 will not be applicable with respect to transfers described in § 7.2 below. Application to the City for any approval required hereunder must be made at least 120 calendar days prior to the contemplated effective date of the transaction. Such application must contain complete information on the proposed transaction, including details of the legal, financial, technical, and other qualifications of the transferee. At a minimum, the following information must be included in the application:
City Approval Required. Subject to the provisions of this Article, the Franchisee shall apply to the City for approval of any transaction in which any change is proposed with respect to ten percent (10%) or more for voting interests or twenty-five percent (25%) or more for non-voting interests of the ownership of the Franchisee, the Cable System, the Cable System assets, or the Franchise by submitting FCC Form 394 or such other form as the FCC may prescribe for that purpose; provided however that the foregoing, requirements of this Section
City Approval Required. The Lessee must first obtain the City’s written approval before beginning any land development, construction or demolition of any improvements on the Premises, or before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee must submit to the City detailed drawings of the proposed development, alteration, modification, or renovation. Further, the Lessee will submit to City evidence of the Lessee’s compliance with the FAA regulation 14 CFR Part 77.
City Approval Required. Licensee shall not have any right to use the License Area in whole or in part for any purpose until and unless the City approves a Pole License. Subject to any express limitations in this Master License, the City will not be obligated to subordinate its municipal functions or proprietary interest in any manner whatsoever to Licensee’s interest under any Pole License. When the City considers whether to approve or disapprove any Pole License Application, the City may consider any matter that affects its municipal functions or proprietary interests, which include without limitation: (1) Licensee’s proposed plans and Equipment specifications; (2) compliance with any applicable Laws; (3) impacts on the City’s street light operations; (4) any potential hazards or unsafe conditions that could result from Licensee’s installation, operation or maintenance; (5) any potential visual or aesthetic impacts provided the proposed Equipment is in conformance with objective design standards adopted by the City; (6) the additional load on the Pole the proposed Equipment would create only if: (a) such additional load would exceed such Pole’s permitted capacity; and (b) such Pole could not be replaced to support Licensee’s proposed Equipment; and (7) any municipal plans for the Pole or right-of-way in proximity to the Pole.
City Approval Required. RRK will not make any improvements or alterations to the City House facility without City’s written approval. RRK will supply City with any information it reasonably requires in order to determine whether to consent to proposed improvements or alterations. Any structural improvements or alterations will require a separate agreement setting forth the City’s requirement of construction projects.
City Approval Required. Licensee shall not have any right to use the License Area, in whole or in part, for any purpose until and unless the City approves and signs the Site License that covers the License Area. Licensee may obtain a Site License only during the Term of this Master License and only after the City approves a Site License Application, as provided in this Section 6. Subject to any express limitations in this Master License, the City will not be obligated to subordinate its municipal functions in any manner whatsoever to Licensee’s interest under any Site License. The City shall not be obligated to consider or approve any Site License Applications after this Master License expires or is terminated. When the City considers whether to approve or disapprove any Site License Application, the City may consider any matter that affects its municipal functions, which include, without limitation: (1) Licensee’s proposed plans and Equipment specifications; (2) compliance with any applicable Laws; (3) impacts on the City’s street light, traffic control, or other municipal operations; (4) any potential hazards or unsafe conditions that could result from Licensee’s installation, operation, or maintenance; (5) any potential visual or aesthetic impacts, provided the proposed Vertical Infrastructure, Utility Infrastructure, and/or Equipment is not in conformance with objective design standards adopted by the City; and (6) any municipal plans for the Public Rights-of-Way or other City Property in proximity to the subject License Area.
City Approval Required. Lessee shall submit all design documents (e.g., schematic design documents, detailed design documents and construction documents) and specifications to the City and obtain the prior written approval from the City prior to applying for permits for the Required Capital Improvements.
City Approval Required. Licensee shall not have any right to use the License Area in whole or in part for any purpose until and unless Licensee obtains all applicable Regulatory Approvals and the City approves a Site License that covers the License Area. Licensee shall provide the City written notice within ten (10) days that certifies the date on which Licensee obtained all Regulatory Approvals required to commence construction. Each Site License shall correspond to a single Vertical Infrastructure. Licensee may obtain a Site License only during the term of this Master License and only after the City approves a Site License Application as provided in this Section 6. Subject to any express limitations in this Master License, the City will not be obligated to subordinate its municipal functions in any manner whatsoever to Licensee’s interest under any Site License. When the City considers whether to approve or disapprove any Site License Application, the City may consider any matter that affects its municipal functions, which include without limitation: (1) Licensee’s proposed plans and Equipment specifications; (2) compliance with any applicable Laws; (3) impacts on the City’s streetlight, traffic control or other municipal operations; (4) any potential hazards or unsafe conditions that could result from Licensee’s installation, operation or maintenance; (5) any potential visual or aesthetic impacts, provided the proposed Equipment is not in conformance with objective design standards adopted by the City; (6) the additional load on the Vertical Infrastructure the proposed Equipment would create; and (7) any municipal plans for the Vertical Infrastructure, other City Property or the public right-of-way in proximity to the subject Vertical Infrastructure.
City Approval Required. 10.1.1 Appendix D hereof sets forth, as of the date of execution of this Agreement (the “Execution Date”), a listing of each of the members of the Franchisee (“Members”), including, with respect to each such initial Member, the number of units of membership interest in the Franchisee held by such initial Member. Subject to the provisions of this Article X, each of the following transactions shall be subject to the prior approval of the City, provided that the City may not be arbitrary and capricious in denying or conditioning any request for such approval or in the timing of its decision with respect to any request for such approval: (i) any sale, assignment or transfer of the Franchisee’s interest in the System, the franchise granted hereunder or the Franchisee’s rights and obligations under this Agreement (other than assignments of rights and delegations of obligations expressly permitted hereunder), (ii) any transaction (or series of related transactions) which would result in the beneficial ownership (within the meaning of Section 13(d)(3) of the Exchange Act) of more than forty percent (40%) of the outstanding voting or non-voting membership interests of the Franchisee being held by any single Person or group of Affiliated Persons, (iii) any transaction (or series of related transactions) which would result in any of the initial Members listed on Appendix D owning less than fifty percent (50%) of the outstanding membership interests of the Franchisee held by such initial Member on the Execution Date, (iv) any transaction (or series of related transactions) which would result in the transfer of all or substantially all of the System assets to Persons other than the initial Members listed on Appendix D, or (v) any transaction (or series of related transactions) which would result in the acquisition of Control of the Franchisee, the System or the franchise granted hereunder or of a Controlling Interest in the Franchisee, the System or the franchise granted hereunder by any Person or group of Affiliated Persons; provided, however, that the requirements of this Section 10.1 will not be applicable with respect to any “Permitted Transfers” (as defined in Appendix E attached hereto and made a part hereof). The transactions described in clauses (i) through (v) of this Section 10.1.1 are herein referred to as “Covered Transactions”.
City Approval Required. Subject to the provisions of this Article, the Franchisee shall apply to the City for approval of any "Transfer" of the Franchise or this Agreement, as defined in this Section 11.1. Except as where otherwise provided in this Article 11, no Transfer of the Franchise or this Agreement may occur without the Franchisee first obtaining the consent of the City by ordinance of City Council. "Transfer" means: (i) any transaction in which any change is proposed with respect to ten percent (10%) or more for voting interests or twenty-five percent (25%) or more for non-voting interests of the ownership of the Franchisee; or (ii) any transaction which will result in a change of ownership or control of the Cable System, the Cable System assets, or the Franchise. Application shall be made by submitting FCC Form 394 or such other form as the FCC may prescribe for that purpose. The application shall be made at least one hundred twenty (120) calendar days prior to the contemplated effective date of the transaction. Such application shall contain complete information on the proposed transaction, including details of the legal, financial, technical, and other qualifications of the transferee. At a minimum, the following information must be included in the application:
