Exclusivity; Right of First Refusal. (a) Each Credit Party agrees that, subject to the availability of Revolving Commitments, no less than 50% of receivables (by principal balance) that qualify as Eligible Receivables that the Originator or its Affiliates originates or acquires during any Collection Period during the Revolving Commitment Period shall be financed through the Facility (such agreement, the "Exclusivity Covenant").
Exclusivity; Right of First Refusal. (1) Licensee agrees that it shall not, during the Term, or any extensions thereof, negotiate or discuss with any third party the use, lease, sale, transfer or assignment of the Channels, or any part thereof, or any option therefore, whether such use, lease, sale, transfer, option or assignment is to take place during the Term or thereafter, subject to Licensee's right to assign the Channels or part thereof to a qualified EBS eligible under the circumstances described in Section 20(c) hereof. Licensee shall notify Operator of any communications it receives, whether written or verbal, from third parties during the Term regarding any proposed use, lease, sale, transfer, option or assignment of the Channels, or any part thereof, either during the Term or thereafter.
Exclusivity; Right of First Refusal. The Supplier agrees that, so long as the Customer is not in default hereunder and subject to the provisions of the following paragraphs of this Section 2.l(c), the Customer shall have first call on that portion of the Services produced and procured by the Northwind Facilities necessary to serve the Customer Energy Requirements set forth in Exhibit B.1. The Customer agrees that, for the term of this Agreement and thereafter so long as this Agreement remains in effect, it shall purchase all of its requirements for Services from the Supplier, except to the extent that, (i) the Customer's requirements for Services exceed its allocated portion of Services as set forth in Exhibit B.1 and the Supplier does not agree to supply such excess in accordance with this Section 2.1, or (ii) the Supplier does not supply such Services for any reason. If the Northwind Facilities are being operated to meet the Energy Requirements and the Customer determines that its requirements for one or more Services exceed those set forth in Exhibit B.1, and if the Northwind Facilities are then able to supply such additional requirements of Services (the "Additional Services") and the Supplier has not entered into commitments to sell such Services to anyone else other than the Complex Energy Service Agreements, which, while this Agreement is in effect, the Supplier shall not do without the prior written consent of the Customer, then the Customer shall have the obligation to purchase all the Additional Services from the Supplier except as otherwise permitted by this Section 2.1 and Section 6.1(c) and Section 6.3, and the Supplier shall be obligated to supply the Additional Services. In the event that the Customer shall determine that its Services requirements exceed those set forth in Exhibit B.1 hereto and the provision of such Services would not require the Plant to exceed the capacities set forth on Exhibit A hereto and the Supplier has not entered into commitments to sell such Services to third parties, in accordance with the terms hereof, then the Supplier shall provide such Services to the Customer at the existing rates comprising the Consumption Charges applicable to such Services, and -without any increase in the Capacity Charges payable hereunder. In the event that the Customer shall determine that its Services requirements exceeds those set forth in Exhibit B.1 hereto and such Services requirements would cause the Plant to exceed the capacities set forth in Exhibit A hereto, then...
Exclusivity; Right of First Refusal. 7.6.1. During the Term, LICENSOR shall not work with a third Person on any product competing with Licensed Product. Nothing in this Section 7.6. shall limit or prevent LICENSOR from engaging in the practice of medicine or publishing peer-reviewed journal articles (provided such articles disclosing inventions for which LICENSEE shall have a right to negotiate a license therefor under Section 7.6.2. shall have been made available to LICENSEE prior to publication to enable LICENSEE to take any action available for the intellectual property protection of such invention).
Exclusivity; Right of First Refusal. (a) In Radio hereby covenants and agrees that during the Term, In Radio shall not license or otherwise permit the transmission, retransmission or other use of Especially Women to or by any other person or entity in the business of providing a satellite digital audio radio service transmitted within the Territory.
Exclusivity; Right of First Refusal. (a) During the term of this Agreement (as defined in Section 9(h) below), the Company hereby covenants and agrees that GET USA, and its assigns, shall have the exclusive right (but not the obligation) to negotiate with the Company with respect to any merger, acquisition (of all or substantially all of the assets of the Company) or other form of business combination; provided, however, that the Company shall be entitled to seek $500,000 to $1,000,000 in additional funding from time to time to meet operational needs with GET USA's consent, which consent shall not be unreasonably withheld or delayed. In addition, for a six-month period following the term hereof, the Company hereby acknowledges and agrees that GET USA, and its assigns, shall have an exclusive right of first refusal on any proposed merger, acquisition (of all or substantially all of the assets of the Company) or other form of business combination between the Company and any third party.
Exclusivity; Right of First Refusal. (a) CPS shall notify each Lead Agent of its intention to enter into as a borrower, either directly or indirectly (acting through a special purpose borrowing entity, or otherwise indirectly) any receivable financing facility to be entered into after the execution of the CPS financing facility next succeeding this Facility (any such facility, a "Proposed Facility"). Within ten (10) days of receipt of such notice, each Lead Agent shall have the right to provide such financing in an amount equal to $12,500,000 each (which right may be exercised independently by each Lead Agent) on all of the same material terms as the Proposed Facility (such right, the "Right of First Refusal"). In no event shall the Borrower enter into any financing facility other than the Facility contemplated by this Agreement.
Exclusivity; Right of First Refusal. (a) During the Term, Retailer will not (and will cause its affiliates not to) directly or indirectly, accept for payment, promote, sponsor, solicit, permit solicitation of, or make available to consumer customers of Retailer or any of its affiliates or otherwise provide, any consumer credit or charge program, online or internet payment service that in any way competes with the Program (including, without limitation, any credit facility part of any industry program, credit card network or the like) whether or not such Program bears, uses or refers to any trade names of Retailer, other than
Exclusivity; Right of First Refusal. The Corporation agrees that ----------------------------------- during the term of this Agreement, without the written consent of Physician, neither PHC nor any of its affiliates or any of its successors in interest shall enter into an employment agreement or a practice management agreement with a physician to engage in the practice of gastroenterology/nephrology within the Non-Compete Radius of any office of the Corporation or any hospital at which Physician performs a substantial portion of Physician's hospital based practice (the "Exclusive Territory"), other than pursuant to an agreement between such physician and the Corporation that is approved by the Joint Policy Committee of the Corporation pursuant to the Corporation's Bylaws. In addition, in the event that PHC or any of its affiliates or any of its successors in interest desires to (i) enter into an employment agreement or a practice management agreement with a physician (the "New Physician") who has not previously practiced medicine in the counties of Orange, Osceola and Seminole, Florida (the "Tri-County Area") to engage in the practice of gastroenterology/nephrology outside of the Exclusive Territory but within the Tri-County Area or (ii) establish a de novo gastroenterology or nephrology practice outside of the Exclusive Territory but within the Tri-County Area (the "New Practice") then the Corporation, as determined by a majority vote of the Joint Policy Committee, shall have a right of first refusal to enter into an employment agreement with the New Physician or with any physician to be employed at the New Practice pursuant to the Corporation's Bylaws; provided, however, that if the Corporation as directed by the Joint Policy Committee does not enter into an employment agreement with such physician, PHC or any of its affiliates or any of its successors in interest shall be free to otherwise employ or enter into a practice management agreement with such physician outside the Exclusive Territory.
Exclusivity; Right of First Refusal. (a) [***]. (b) [***].
