DSL net shall enter into a Reimbursement Agreement and related security documentation with the Guarantor providing that DSL.net shall reimburse the Guarantor xxxx xemand for any amounts drawn under the guarantee. The Reimbursement Agreement will have covenants (which will be operative in the event amounts are drawn under the guarantees) and other provisions similar to those in a credit agreement. The Reimbursement Agreement shall include a covenant to either (i) pay down the loans early under the Credit Facility or (ii) eliminate the guarantee requirement (as set forth below), but only if (A) DSL.net has $1,000,000 increments (or xx xxx outstanding loans are less than $1,000,000, then such lesser amount) of unrestricted cash balances in excess of $10,000,000 of unrestricted cash balances and (B) Guarantor requests that DSL.net apply such $1,000,000 incremexxx (xx if the outstanding loans are less than $1,000,000, then such lesser amount), to either (x) pay down the loans or (y) to eliminate an equal amount of the guarantee requirement. If the conditions in the previous sentence are satisfied and Guarantor elects to require DSL.net to prepay the loans, then Guaxxxxxx shall have the right to require that DSL.net permanently reduce the outstanding xommitment under the Credit Facility, in an amount equal to the amount of the loans that is required to be prepaid.
DSL net's reimbursement obligations shall be secured by a first priority security interest in all of DSL.net's assets (including a pledge of the stock of each of its subsidiaries), other than (i) equipment financed by existing capitalized leases or equipment loans that are subject to existing security interests, (ii) cash collateral securing letters of credit, provided that at all times after demand by Fleet for payment under Guarantor's guarantee, DSL.net shall only be permitted to plxxxx xxsh collateral to secure letters of credit with Guarantor's prior consent, (iii) assets acquired subsequent to the date of the Guaranty Agreement, between Guarantor and DSL.net that are subject to a security interest, provided that such security interest is limited to the asset acquired and (iv) stock of the Regulated Subsidiaries (as defined below).
DSL net's subsidiaries (other than suxxxxxxxies where the granting of a security interest in its assets would require approval from a federal or state regulatory authority (the "Regulated Subsidiaries") shall also guarantee DSL.net's obligations and such guaranxxxx xxall be secured by all of such subsidiaries' assets (other than assets which would be excluded pursuant to clause (i), (ii), (iii) or (iv) of the preceding sentence). October 9, 2002 Robert J. DeSantis Chief Financial Officer DSL.net, Inc. 545 Long Wxxxx Xxxxx, 0xx Xxoor New Haven, CT 06511 XXX XAX: 203.000.0000 XX: Xxxxxxxx xxxx XxxxxxxXxxxx xxx/xx Xxlumbia Capitxx Xxxxxxxxx ------------------------------------------------------------ Dear Bob: Fleet National Bank is pleased to provide a commitment for a revolving line of credit to DSL.net in the amount of $15,000,000 (fifteen million dollars). The xxxxxxer availability will be subject to guarantees provided by VantagePoint Venture Partners and/or Columbia Capital. The terms and conditions of the revolver are detailed in the attached Summary Terms and Conditions. Our commitment is subject to definitive documentation satisfactory to the guarantor and Fleet having been executed by November 15, 2002.
DSL. DSL has both a proprietary and a regulatory interest in Diamond Lake. DSL's proprietary interest arises in that a portion of the lake was meandered in 1883. Oregon State Statute (ORS) 274.430 provides that all lakes that were meandered by the federal government are "declared to be navigable and public waters." Therefore, DSL believes that at least a part of the submerged and submersible land underlying Diamond Lake is subject to management by DSL. From a regulatory standpoint, DSL administers Oregon's Removal-Fill Law. Therefore, any removal, fill, or alteration to the bed and banks of Diamond Lake of over 50 cubic yards will require a Removal-Fill Permit issued by DSL. Given DSL's proprietary and regulatory responsibilities regarding Diamond Lake, they support the restoration of this waterbody to a fishable and swimmable condition.
DSL. This category of access arrangement shall: be offered as required by Section J.
DSL. Digital Subscriber Line (“DSL”) access enables remote sites to be connected to the IP VPN using xDSL technology, which has country-specific characteristics. If a User Site elects to purchase DSL access to enable access to the Equant IP VPN Network, then Equant will provide, install and manage the DSL router. Unless otherwise agreed in writing by Equant and the User Site, the only Service Type supported with DSL access is IP VPN Silver Service Type. In some countries, DSL Access is subject to traffic volume limitations, and Equant will advise User Sites of these limitations on a discrete basis. User Sites acknowledge that if it exceeds a traffic volume limitation, Equant could become liable to the DSL Access provider for additional charges. Therefore, if the User Site exceeds a traffic volume limitation in any 3 months during a rolling 12-month period, then Equant shall have the right to elect from one of the following options:
DSL. Farmers Mutual Telephone Company agrees to provide DSL service, up to the point of demarcation, solely for use by the Customer, and for no other entities’ use except the Customer.
DSL. DSL, in its capacity as managing general partner of the JV Partnerships, represents and warrants to Buyer, which representations and warranties shall survive the execution of this Agreement and Close of Escrow for eighteen (18) months following the Close of Escrow, the following:
DSL. Below are the following DSL options. The applicable option type shall be defined by the Customer on the Order: • Business DSL Premium with a contention ratio of the DSL Access Line speed to the expected throughput (“contention”) of between 1:1 and 1:8 depending on location and supplier. It is suitable for all CoS. • Business DSL Plus with contention between 4:1 and 10:1, suitable for AF and DE Classes. • Business DSL Standard with contention greater than 10:1, suitable for DE Class. (Managed Routers are mandatory). The port speed will be set to the DSL speed, and traffic may burst to the access speed if bandwidth is available. Typical throughput will be limited by the contention ratio. Note: In some locations in the UK, DSL is supplied using 'Rate Adaptive' broadband technology, which does not run at fixed speeds and is determined by the fastest speed that the Customer’s analogue direct exchange line can support. BT will have no liability to the Customer for failing to reach specific speeds. Following the Operational Service Date, a period of up to ten (10) Business Days, dynamic line management will take place to stabilise the line at the most appropriate speed. During this time short outages may occur which are excluded from Availability calculations in the Service Level Agreement. If the Customer provides DSL Access, the Customer is responsible for the functionality, maintenance and all charges related to this access. BT will not provide DSL services if the Customer provided access is connected to a PBX or related equipment. If BT provides the DSL local loop access, BT will deliver the DSL up to a defined demarcation point. Telephony services on the DSL will be disabled and the line may only be used with the Service. DSL Orders are subject to survey, that is a check to determine if BT’s supplier can deliver the DSL. If the initial enquiry shows that the Service is available, but later it is found that it cannot be delivered, BT will inform the Customer of alternative access options and charges. The Customer may order an alternative access or cancel the Order for that Site. If this happens at either five (5) Sites or 20% of Sites (whichever is greater), then the Customer may either order alternative access types, or cancel the entire Order for all Sites. In this case the Customer shall pay Charges for work already performed by BT to deliver Service to all Sites specified in the Order, and for termination of any Service already delivered.
DSL. The Company will continue to pay for the Executive's DSL line at his residence through the end of the Part-Time Employment Period, at which time such payments on behalf of Executive shall cease.
