FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule, (a) The Nextel License Subsidiary and the Borrower and its Subsidiaries are in compliance with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse Effect. (b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the Borrower has any knowledge of any investigation, notice of apparent liability, violation, forfeiture or any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modifications, non-renewal, forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect. (d) The Nextel License Subsidiary, the Borrower and each License Subsidiary have duly filed in a timely manner all filings, reports, applications, documents, instruments and information required to be filed by any of them under the Communications Act which could reasonably be expected to have a Material Adverse Effect, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effect. (e) Neither the Nextel License Subsidiary nor the Borrower has any reason to believe that each License held by the Nextel License Subsidiary, the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Nextel Partners Inc), Credit Agreement (Nextel Partners Inc)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each Subsidiary are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectAct.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the The Borrower has any no knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modificationsmodification, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any the License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any the License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each the License Subsidiary have duly filed in a timely manner all filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which all respects, except where the failure to file or to be true, correct and complete could not reasonably be expected to have a Material Adverse Effect.
(e) Neither the Nextel License Subsidiary nor the The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, course except where non-renewal as individually or in the aggregate could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Term Loan Agreement (Triton PCS Holdings Inc), Credit Agreement (Triton PCS Inc)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each Subsidiary are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse Effect.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the The Borrower has any no knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse EffectEffect except as set forth in Schedule 3.21.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modifications, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each License Subsidiary have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Telecorp Communications Inc), Credit Agreement (Telecorp PCS Inc /Va/)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Alamosa Delaware and each Restricted Subsidiary and the Borrower and its Subsidiaries are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectAct.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary None of Superholdings, Alamosa Delaware or the Borrower has any knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modificationsmodification, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License SubsidiaryAlamosa Delaware, the Borrower or any License Subsidiary under any License or group of Licenses held by the Nextel License SubsidiaryAlamosa Delaware, the Borrower or any License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License SubsidiaryEach of Alamosa Delaware, the Borrower and each the License Subsidiary have Subsidiaries has duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the Borrower Alamosa Delaware has any no reason to believe that each License held by the Nextel License Subsidiary, the Borrower of Alamosa Delaware or any Subsidiary of its Restricted Subsidiaries will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Alamosa Properties Lp), Credit Agreement (Alamosa Properties Lp)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each Subsidiary are in --------------- compliance in all material respects with the Communications Act and all requirements of the FCCFCC and with the communications laws of all other jurisdictions in which the Borrower and its Subsidiaries conduct business and the communications requirements of all Governmental Authorities in such jurisdictions (collectively, except where the failure to so comply could not reasonably be expected to have a Material Adverse Effect"Foreign Communications Regulations".
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the The Borrower has any no knowledge of any investigation, notice of apparent liability, violation, forfeiture or any other proceedings (other than proceedings relating to the wireless communications industries generally) of order or complaint issued by or before the FCCFCC or any other Governmental Authority, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse EffectEffect except as set forth in Schedule 3.16.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modifications, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel Borrower or any Subsidiary under any License Subsidiary, held by the Borrower or any License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each License Subsidiary have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse Effectand the Foreign Communications Regulations, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected course if the failure to so renew any such Licenses would have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Psinet Inc)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each Subsidiary --------------- are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectAct.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the The Borrower has any no knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modificationsmodification, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any the License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any the License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each the License Subsidiary have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Alamosa Delaware and each Restricted Subsidiary and the Borrower and its Subsidiaries are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectAct.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary None of Superholdings, Alamosa Delaware or the Borrower has any knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modificationsmodification, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License SubsidiaryAlamosa Delaware, the Borrower or any the License Subsidiary under any License or group of Licenses held by the Nextel License SubsidiaryAlamosa Delaware, the Borrower or any the License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License SubsidiaryEach of Alamosa Delaware, the Borrower and each the License Subsidiary have has duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the Borrower Alamosa Delaware has any no reason to believe that each License held by the Nextel License Subsidiary, the Borrower of Alamosa Delaware or any Subsidiary of its Restricted Subsidiaries will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure ScheduleIII,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries (including, without limitation, the License Subsidiaries) are in compliance with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse Effect.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary (including, without limitation, the License Subsidiaries) of the Borrower has any knowledge of any investigation, notice of apparent liability, violation, forfeiture or any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modifications, non-renewal, forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each License Subsidiary have duly filed in a timely manner all filings, reports, applications, documents, instruments and information required to be filed by any of them under the Communications Act which could reasonably be expected to have a Material Adverse Effect, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effect.
(e) Neither the Nextel License Borrower nor any Subsidiary nor the Borrower has any reason to believe that each License held by the Nextel License Subsidiary, the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each Subsidiary --------------- are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse Effectincluding its Very Small Business requirements.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the The Borrower has any no knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse EffectEffect except as set forth in Schedule 3.21.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modifications, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each License Subsidiary have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Telecorp PCS Inc)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each Subsidiary -------------- are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectAct.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the The Borrower has any no knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modificationsmodification, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any the License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any the License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each the License Subsidiary have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Triton PCS Inc)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each Restricted --------------- Subsidiary are in compliance with the Communications Act and all requirements of the FCC, except where the failure to do so comply could not reasonably be expected to have result in a Material Adverse Effect.
(b) Neither To the Nextel License Subsidiary nor the Borrower nor any Subsidiary knowledge of the Borrower has any knowledge of any Borrower, there is no investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually affecting it or in the aggregate, any Restricted Subsidiary which could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modifications, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any License Restricted Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License such Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each License Restricted Subsidiary have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effect.
(e) Neither the Nextel License Subsidiary nor the Borrower has any reason to believe that each License held by the Nextel License Subsidiary, the Borrower or any Subsidiary will not be renewed in the ordinary course, all respects except where non-renewal the failure to do so could not reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (McLeodusa Inc)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and each Subsidiary (excluding U.S. Cellular and its Subsidiaries Subsidiaries) are in compliance with the Communications Act and all requirements of the FCC, except where the failure to so comply be in compliance has resulted or could not reasonably be expected to have result in a Material Adverse Effect.
(b) Neither To the Nextel License Subsidiary nor the Borrower nor any Subsidiary knowledge of the Borrower has any knowledge of any Borrower, there is no investigation, notice of apparent liability, violation, forfeiture or any other proceedings (other than proceedings relating to the wireless communications industries generally) of order or complaint issued by or before the FCCFCC affecting it, whichor any Subsidiary (excluding U.S. Cellular and its Subsidiaries), individually which has resulted or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.
(c) No To the knowledge of the Borrower, no event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modificationsmodification, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses license in any respect which could reasonably be expected to have would constitute or result in a Material Adverse Effect or (ii) affects or could would reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, Borrower or any Subsidiary (excluding U.S. Cellular and its Subsidiaries) under any license held by the Borrower or any License such Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License Subsidiary (excluding U.S. Cellular and its Subsidiaries) in any respect which has resulted or could reasonably be expected to have result in a Material Adverse Effect.
(d) The Nextel License Subsidiary, To the knowledge of the Borrower and each License Subsidiary (excluding U.S. Cellular and its Subsidiaries) have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which all respects except where the failure to do so has resulted or could reasonably be expected to have result in a Material Adverse Effect.
(e) Neither the Nextel License Subsidiary nor the Borrower has any reason to believe that each License held by the Nextel License Subsidiary, the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Telephone & Data Systems Inc /De/)
FCC Compliance. Except as set forth in Item 6.15 ("Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and the Borrower and its Subsidiaries each --------------- Subsidiary are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectAct.
(b) Neither the Nextel License Subsidiary nor the Borrower nor any Subsidiary of the The Borrower has any no knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
(c) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modifications, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel License Subsidiary, the Borrower or any the License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any the License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each the License Subsidiary have duly filed in a timely manner all material filings, reports, applications, documents, instruments and information required to be filed by any of them it under the Communications Act which could reasonably be expected to have a Material Adverse EffectAct, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effectall material respects.
(e) Neither the Nextel License Subsidiary nor the The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, except where non-renewal could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Triton PCS Inc)
FCC Compliance. (a) Except as set forth in Item 6.15 ("on Schedule of Exceptions") of the Disclosure Schedule,
(a) The Nextel License Subsidiary and 3.19, the Borrower and its Subsidiaries each Subsidiary are in compliance in all material respects with the Communications Act and all requirements of the FCC, except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectAct.
(b) Neither The Borrower holds all of the Nextel License Subsidiary nor Licenses required to operate its System and to conduct its business in the manner in which it is being conducted. Such Licenses are validly issued and, as of the date hereof, are in full force and effect. There are pending at the FCC no applications for the modification, transfer or assignment of any of such Licenses other than those proposed or consented to by the Borrower nor that if granted by the FCC would not cause a Default or an Event of Default to occur. None of such Licenses is subject to any Subsidiary condition other than conditions generally applicable to stations of the same class and type by virtue of the Communications Act or conditions contained in such licenses.
(c) Except as set forth on Schedule 3.19, the Borrower has any and each Subsidiary have no knowledge of any investigation, notice of apparent liability, violation, forfeiture or other order or formal complaint issued by or before the FCC, or of any other proceedings (other than proceedings relating to the commercial wireless communications industries generally) of or before the FCC, which, individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
(cd) No event or group of events has occurred or failed to occur which (i) results in, or after notice or lapse of time or both would result in, revocation, suspension, adverse modificationsmodification, non-renewal, impairment, restriction or termination of, or order of forfeiture with respect to, any License or group of Licenses in any respect which could reasonably be expected to have a Material Adverse Effect or (ii) affects or could reasonably be expected in the future to affect any of the rights of the Nextel Borrower or any Subsidiary under any License Subsidiary, held by the Borrower or any License Subsidiary under any License or group of Licenses held by the Nextel License Subsidiary, the Borrower or any License Subsidiary in any respect which could reasonably be expected to have a Material Adverse Effect.
(d) The Nextel License Subsidiary, the Borrower and each License Subsidiary have duly filed in a timely manner all filings, reports, applications, documents, instruments and information required to be filed by any of them under the Communications Act which could reasonably be expected to have a Material Adverse Effect, and all such filings were when made (and where required have been supplemented in order to continue to be) true, correct and complete in any respect which could reasonably be expected to have a Material Adverse Effect.
(e) Neither The Borrower and each Subsidiary have duly filed all filings (including reports, applications, notices, documents, instruments and other information) required to be filed by it under the Nextel License Communications Act, and all such filings were when made timely, true, correct and complete in all respects, except where the failure to file or to be timely, true, correct and complete could not reasonably be expected to have a Material Adverse Effect.
(f) The Borrower and each Subsidiary nor have duly filed and paid all fees (including charges, fines, assessments and contributions) required to be filed and paid by them under the Communications Act and all such fees were when filed timely and complete in all respects, except where the failure to file and pay or to be timely and complete could not reasonably be expected to have a Material Adverse Effect.
(g) The Borrower has any no reason to believe that each License held by the Nextel License Subsidiary, of the Borrower or any Subsidiary will not be renewed in the ordinary course, course except where non-renewal as individually or in the aggregate could not reasonably be expected to have a Material Adverse Effect.
(h) The Borrower has no reason to believe that its status as a carrier eligible to receive federal universal service support funds will be revoked or adversely modified with respect to any Service Region where it has been designated by the FCC as being eligible to receive such funds, except where such revocation or modification could not reasonably be expected to have a Material Adverse Effect.
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