Common use of Failure of Broadcast Transmissions Clause in Contracts

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of the Station in the normal and usual manner is interrupted or discontinued; or (ii) the Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, the Station is not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served by the Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Radio One Inc), Asset Purchase Agreement (Radio One Inc)

AutoNDA by SimpleDocs

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of either of the Station Stations in the normal and usual manner is interrupted or discontinued; or (ii) either of the Station Stations is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either of the Station Stations is not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served ----- ------- by the StationStations, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Radio One Inc), Asset Purchase Agreement (Radio One Inc)

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four eight (4) 8) consecutive hours: (i) the transmission of the regular broadcast programming of the Station in the normal and usual manner is interrupted or discontinued; or (ii) the Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, the Station is not operated at its licensed operating parameters for more than thirty-thirty six (36) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served by the Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three five (35) or more Specified Events each lasting more than four eight (4) 8) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Radio One Inc)

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four twelve (412) consecutive hours: (i) the transmission of the regular broadcast programming of any of the Station Stations in the normal and usual manner is interrupted or discontinued; or (ii) any of the Station Stations is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, any of the Station Stations is not operated at its licensed operating parameters for more than thirtyforty-six eight (3648) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served by the StationStations, ninety-six one hundred and twenty (96120) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four twelve (412) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Radio One Inc)

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of the Station in the normal and usual manner is interrupted or discontinued; or (ii) the Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, the Station is has not operated at its licensed operating parameters for more than thirtyforty-six eight (3648) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served by the Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(28.4(a). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Radio One Inc)

Failure of Broadcast Transmissions. Seller Shareholders shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four eight (4) consecutive 8) hours: (i) the transmission of the regular broadcast programming of the any Station other than WJZZ (AM) in the normal and usual manner is interrupted or discontinued; or (ii) the any Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, the any Station is has not operated at its licensed operating parameters power and or height (other than pursuant to variances allowed by the FCC's rules, authorizations for use of auxiliary transmitting facilities and/or authorizations connected with the construction of WJZZ (AM) and the improvements at WCHB (AM)) for more than thirty-six (36) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served by the Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four eight (4) 8) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, ; or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1Section 8.4(a)(1) or 8.5(a)(28.4(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Radio One Inc)

AutoNDA by SimpleDocs

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four twelve (412) consecutive hours: (i) the transmission of the regular broadcast programming of any of the Station Stations in the normal and usual manner is interrupted or discontinued; or (ii) any of the Station Stations is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, any of the Station Stations is not operated at its licensed operating parameters for more than thirtyforty-six eight (3648) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served by the Station----- ------- Stations, ninety-six one hundred and twenty (96120) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four twelve (412) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Radio One Inc)

Failure of Broadcast Transmissions. Seller Company shall give prompt ---------------------------------- written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of the Station in the normal and usual manner is interrupted or discontinued; or (ii) the Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, the Station is has not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility failure ----- ------- failure affecting generally the market served by the Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1Section 8.4(a)(1) or 8.5(a)(28.4(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder, except that Buyer shall be entitled to demand current payment of the Contingent Liability.

Appears in 1 contract

Samples: Stock Purchase Agreement (Radio One Inc)

Failure of Broadcast Transmissions. Seller Company shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: hours (except for routine maintenance): (i) the transmission of the regular broadcast programming of the Station in the normal and usual manner is interrupted or discontinued; or (ii) the Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, the Station is has not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served by the Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1Section 8.4(a)(1) or 8.5(a)(28.4(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Appears in 1 contract

Samples: Option and Stock Purchase Agreement (Radio One Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!