CUSTOMER'S MINIMUM REVENUE COMMITMENT Sample Clauses

CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the Effective Date (as determined under Section 1 above) and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain, on a take-or-pay basis, cumulative Monthly Revenue (as defined in the applicable Rate and Discount Schedule) equal to at least the amounts shown below by the end of the respective months listed ("CUSTOMER'S MINIMUM REVENUE COMMITMENT"). END OF CUSTOMER'S END OF CUSTOMER'S MONTH COMMITMENT MONTH COMMITMENT ----- ---------- ----- ---------- 1 $2,000,000 19 $38,000,000 2 $4,000,000 20 $40,000,000 3 $6,000,000 21 $42,000,000 4 $8,000,000 22 $44,000,000 5 $10,000,000 23 $46,000,000 6 $12,000,000 24 $48,000,000 7 $14,000,000 25 $50,000,000 8 $16,000,000 26 $52,000,000 9 $18,000,000 27 $54,000,000 10 $20,000,000 28 $56,000,000 11 $22,000,000 29 $58,000,000 12 $24,000,000 30 $60,000,000 -------------------- --**-- This symbol signifies information from the agreement that has been omitted because the Company has requested confidential treatment. The information has been filed separately with the Securities and Exchange Commission. (B) Notwithstanding anything to the contrary contained in Subsection (A) above, as soon as Customer's cumulative Monthly Revenue (which will include any Deficiency Charges actually paid by Customer) is equal to at least $72,000,000, either party may cancel this Agreement in its entirety upon at least ninety (90) prior written notice to the other party.

CUSTOMER'S MINIMUM REVENUE COMMITMENT. Commencing with the first day of the ninth (9th) billing period following the Effective Date (as determined under Section 1 above) and continuing through the end of the Service Term (including any extensions thereto) (the "Commitment Period"), Customer agrees to maintain, on a take-or-pay basis, Monthly Revenue (as defined in Section 2 above) of at least * ("Customer's Minimum Revenue Commitment").

CUSTOMER'S MINIMUM REVENUE COMMITMENT. Effective as of January 1, 2000, the parties agree to substitute Subsection 2(A) and Subsection 2(B) of the PET to read in its entirety as follows: (A) Commencing with the January, 2000 billing period (i.e., February, 2000 invoice) and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain, on a take-or-pay basis, Monthly Revenue (as defined in the applicable Rate and Discount Schedule) of at least $400,000 ("CUSTOMER'S MINIMUM REVENUE COMMITMENT"). (B) Notwithstanding anything to the contrary contained in this Agreement, as soon as Customer's cumulative Monthly Revenue from WorldCom under the terms of this Agreement are equal to at least $33,400,000 ("CUSTOMER'S TOTAL COMMITMENT"), Customer may elect to terminate Customer's Minimum Revenue Commitment described in Subsection 2(A) above by providing WorldCom written notice ("CUSTOMER NOTICE"). In such event, commencing with the first day of the first full month following at least thirty (30) days after WorldCom receives the Customer Notice, Customer's Minimum Revenue Commitment shall terminate and will no longer be in force or effect. Provided, the applicable Discounts set forth in the Rate and Discount Schedule will continue to be applicable through the remainder of the Service Term.

CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the first (1st) day of the month following the date this Amendment No. 6 has been fully executed by both parties and delivered to Customer and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain on a take-or-pay basis, Monthly Revenue (as defined in Section 2 above) of at least $[*****] ("CUSTOMER'S MINIMUM REVENUE COMMITMENT"). (B) Notwithstanding anything to the contrary contained in this Agreement, as soon as Customers cumulative Monthly Revenue from MCI under the terms of this Agreement and commencing with the first (1st) day of the Commitment Period (as described in Subsection 5(A) above) are equal to at least $[*****] in the aggregate, Customer may elect to terminate Customer's Minimum Revenue Commitment described in Subsection 5(A) above by providing MCI written notice ("CUSTOMER NOTICE"). In such event, commencing with the first day of the first full month following at least thirty (30) days after MCI receives the Customer Notice, Customers Minimum Revenue Commitment shall terminate and will no longer be in force or effect.

CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the Effective Date and continuing through the end of the Service Term including any applicable extensions thereto ("International Commitment Period"), Customer agrees to maintain, on a take-or-pay basis, International Monthly Revenue (as described herein) of at least $250,000. For purposes of this Agreement, Customer's "International Monthly Revenue" will be comprised of all of Customer's gross (i.e., prior to the application of discounts) measured and per call Switched Service charges (i.e., Directory Assistance and both Domestic and International) associated with a call to an International location (excluding Puerto Rico, the United States Virgin Islands, Canada and Mexico). (B) At any time during the Service Term of this Agreement, Customer may modify Customer's International Sub-Commitment ("Customer's Modified International Sub-Commitment") for the remainder of the International Commitment Period by notifying WilTel in writing. Commencing with the first day of the month following at least thirty (30) days after WilTel receives the notice described herein, (i) Customer's Modified International Sub-Commitment will be effective, and (ii) Customer's International rates will correspond with the applicable rates shown on Schedule 4 and Schedule 5 based on Customer's Modified International Sub-Commitment. (C) In the event Customer does not maintain Customer's International Sub-Commitment (or Customer's Modified International Sub-Commitment, if applicable) in any month during the International Commitment Period, then for those month(s) only, Customer will pay WilTel the difference between the greater of (i) Customer's International Sub-Commitment (or Customer's Modified International Sub-Commitment) and Customer's actual International Monthly Revenue as defined above (the "International Deficiency Charge"), or (ii) the Deficiency Charge calculated under Section 4 above. If applicable, the International Deficiency Charge will be due at the same time payment is due for Service provided to Customer, or immediately in an amount equal to Customer's International Sub-Commitment for the unexpired portion of the International Commitment Period if WilTel terminates this Agreement based on Customer's default. (D) In consideration of Customer's International Commitment hereunder, Customer will receive the following Special International Rates to the countries listed below. Customer understands and agrees the Special International Rates are based on C...

CUSTOMER'S MINIMUM REVENUE COMMITMENT. As of March 1, 2001, the parties agree to substitute Section 5 of the PET to read in its entirety as follows:

CUSTOMER'S MINIMUM REVENUE COMMITMENT. Commencing with the first (1st) day of the month following the date this Amendment No. 10 has been fully executed by both parties and delivered to Customer, the parties agree to substitute Subsection 5(B) of the PET to read in its entirety as follows:

CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the Effective Date and continuing through the end of the Service Term (including any extensions thereto) (the "Commitment Period"), Customer agrees to maintain each month, on a take-or-pay basis, Monthly Revenue (as defined in Subsection (E) below) equal to at least * ("Customer's Minimum Revenue Commitment"). * Designates information which has been filed on a confidential basis. (B) Notwithstanding anything to the contrary contained in Subsection (A) above, as soon as Customer's cumulative Monthly Revenue (which will include any Deficiency Charges actually paid by Customer) commencing with the Effective Date is equal to at least * ("Customer's Total Minimum Revenue Commitment"), Customer's Minimum Revenue Commitment shall terminate. Once Customer has satisfied Customer's Minimum Revenue Commitment, either party may terminate this Agreement in its entirety upon at least six (6) month's written notice, during which time Customer's Minimum Revenue Commitment shall not be applicable. * Designates information which has been filed on a confidential basis. (C) In the event Customer does not maintain Customer's Minimum Revenue Commitment in any month during the Commitment Period (regardless of whether Customer has commenced using any or all of the Switched Services described herein), then for those month(s) only, Customer will pay MCI the difference between Customer's Minimum Revenue Commitment and Customer's actual Monthly Revenue (the "Deficiency Charge"). The Deficiency Change will be due at the same time payment is due for Service provided to Customer, or immediately in an amount equal to Customer's Minimum Revenue Commitment for the unexpired portion of the Service Term, if MCI terminates this Agreement based on Customer's default. Provided, however, MCI agrees to waive any Deficiency Charges that arise solely due to a catastrophic network event, which materially prevents Customer's use of Services hereunder sufficient to satisfy Customer's Minimum Revenue Commitment. In such case, Customer shall have the burden of proof in establishing the date and duration of such event as well as the general sources of Customer's traffic affected by such event. Provided, for purposes of this Agreement, any catastrophic network events lasting cumulatively less than four (4) hours or affecting cumulatively less than * minutes of Customer's traffic in any calendar month will be deemed not material. * Designates information which has been filed on a confid...

CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the Effective Date (as determined under Section 1 above) and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain, on a take-or-pay basis, cumulative Monthly Revenue (as defined in the applicable Rate and Discount Schedule) equal to at least the amounts shown below by the end of the respective months listed ("CUSTOMER'S MINIMUM REVENUE COMMITMENT"). --**-- -------------------- --**-- This symbol signifies information from the agreement that has been omitted because the Company has requested confidential treatment. The information has been filed separately with the Securities and Exchange Commission. (B) Notwithstanding anything to the contrary contained in Subsection (A) above, as soon as Customer's cumulative Monthly Revenue (which will include any Deficiency Charges actually paid by Customer) is equal to at least --**--, either party may cancel this Agreement in its entirety upon at least --**-- prior written notice to the other party.