Limitations on Availability of Resale Services Sample Clauses

Limitations on Availability of Resale Services. The following limitations shall apply to Resale Services: 10.3.1 Any Telecommunications Services which SBC-AMERITECH offers to existing retail subscribers, but not to new subscribers (“Grandfathered Services”), may be revised or supplemented from time to time to include those additional services that SBC-AMERITECH may, in its discretion and to the extent permitted by Applicable Law, classify as Grandfathered Services. SBC-AMERITECH agrees to make Grandfathered Services available to CLEC for resale to any Customer of SBC-AMERITECH that subscribes to a Grandfathered Service from SBC-AMERITECH at the time of its selection of CLEC as its primary local exchange carrier. If a local Telecommunications Service is subsequently classified as a Grandfathered Service by SBC-AMERITECH, SBC-AMERITECH agrees to continue to sell such Grandfathered Service (subject to the terms of Section 10.3.2) to CLEC for resale to CLEC’s Customers that subscribe to such Grandfathered Service at the time it is so classified by SBC-AMERITECH. Grandfathered Services shall be made available to CLEC at wholesale rates determined in accordance with the Act. To the extent that SBC- AMERITECH is unable to provide wholesale systems support and billing within the first ninety (90) days from the date each CLEC Resale Customer is provided such Grandfathered Service, SBC-AMERITECH shall retroactively apply such wholesale rate as a credit to CLEC and will bill such service to CLEC from its retail billing systems. 10.3.2 Any Telecommunication Services which SBC-AMERITECH currently intends to discontinue offering to any retail subscriber (“Sunsetted Services”) may be revised or supplemented from time to time to include those additional Telecommunications Services that SBC-AMERITECH may, in its discretion and to the extent permitted by Applicable Law, classify as Sunsetted Services. SBC-AMERITECH agrees to make Sunsetted Services available to CLEC for resale to CLEC’s Customers who are subscribers to the Sunsetted Service either from SBC-AMERITECH or CLEC at the time so classified (subject to the provisions of Section 10.3.1 if such Sunsetted Service was previously classified as a Grandfathered Service) until the date such service is discontinued.
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Limitations on Availability of Resale Services. The following limitations shall apply to both Wholesale Resale Services and Retail Resale Services (collectively, “Resale Services”): 10.3.1 Any Telecommunications Services that CBT offers to existing retail subscribers, but not to new subscribers (“Grandfathered Services”), are listed on Schedule 10.3.1.
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Limitations on Availability of Resale Services. The following limitations shall apply to Resale Services: X.3.1 Any Telecommunications Services which Ameritech offers to existing retail subscribers, but not to new subscribers (Grandfathered Services) are listed on Schedule 10.3.1.
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Limitations on Availability of Resale Services. 861229.2 102208 1516C 96252093 The following limitations shall apply to Resale Services: X.3.1 The Telecommunications Services that Ameritech offers to existing retail subscribers, but not to new subscribers (“Grandfathered Services”) are identified in the Resale Tariff, as such Resale Tariff may be revised or supplemented from time to time to include those additional services that Ameritech may, at its discretion and to the extent permitted by Applicable Law, classify as Grandfathered Services. Ameritech agrees to make Grandfathered Services available to Frontier for resale, subject to the terms of Section 10.3.2, to those Customers that (i) subscribed to the applicable Telecommunications Service (whether through Ameritech or Frontier as the provider) at the time such service was classified by Ameritech as a Grandfathered Service and
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Limitations on Availability of Resale Services. The following limitations shall apply to Resale Services: .. The Telecommunications Services that Ameritech offers to existing retail subscribers, but not to new subscribers (“Grandfathered Services”) are identified in the Resale Tariff, as such Resale Tariff may be revised or supplemented from time to time to include those additional services that Ameritech may, at its discretion and to the extent permitted by Applicable Law, classify as Grandfathered Services. Ameritech agrees to make Grandfathered Services available to Requesting Carrier for resale, subject to the terms of Section 10.3.2, to those Customers that (i) subscribed to the applicable Telecommunications Service (whether through Ameritech or Requesting Carrier as the provider) at the time such service was classified by Ameritech as a Grandfathered Service and (ii) continue to subscribe to such Grandfathered Service at the time of such Customer's selection of Requesting Carrier as its primary Local Exchange Carrier. Grandfathered Services shall be made available to Requesting Carrier at wholesale rates determined in accordance with the Act. To the extent that Ameritech is unable to provide wholesale systems support and billing within the first ninety (90) days from the date each Requesting Carrier Resale Service Customer is provided such Grandfathered Service, Ameritech shall retroactively apply such wholesale rate as a credit to Requesting Carrier and will bill such service to Requesting Carrier from its retail billing systems.
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Limitations on Availability of Resale Services. The following limitations shall apply to Resale Services: 10.3.1 Any Telecommunications Services which Ameritech offers to existing retail subscribers, but not to new subscribers ("GRANDFATHERED SERVICES") are listed on SCHEDULE 10.3.1. SCHEDULE 10.3.1 may be revised or --------------- --------------- supplemented from time to time to include those additional services that Ameritech may, in its discretion and to the extent permitted by Applicable Law, classify as Grandfathered Services. Ameritech agrees to make Grandfathered Services available to Focal for resale to any Customer of Ameritech that subscribes to a Grandfathered Service from Ameritech at the time of its selection of Focal as its primary local exchange carrier. If a local Telecommunications Service is subsequently classified as a Grandfathered Service by Ameritech, Ameritech agrees to continue to sell such Grandfathered Service (subject to the terms of SECTION 10.
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Related to Limitations on Availability of Resale Services

  • Certain Representations; Reservation and Availability of Shares of Common Stock or Cash (a) This Agreement has been duly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery hereof by the Warrant Agent, constitutes a valid and legally binding obligation of the Company enforceable against the Company in accordance with its terms, and the Warrants have been duly authorized, executed and issued by the Company and, assuming due authentication thereof by the Warrant Agent pursuant hereto and payment therefor by the Holders as provided in the Registration Statement, constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms and entitled to the benefits hereof; in each case except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally or by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law). (b) The Company covenants and agrees that the Company shall cause to be reserved and kept available out of its authorized and unissued shares of Common Stock or its authorized and issued shares of Common Stock held in its treasury, free from preemptive rights, the number of shares of Common Stock that will be sufficient to permit the exercise in full of all outstanding Warrants. (c) The Warrant Agent will create a reserve account, into which shall be reserved such number of shares of Common Stock that are issuable upon the exercise of the Warrants in full, and from such reserve account the Common Stock shall be issued upon the exercise of Warrants. (d) The Company further covenants and agrees that the Company shall pay when due and payable any and all federal and state transfer taxes and charges which may be payable in respect of the original issuance or delivery of the Warrant Certificates or the Warrant Shares upon exercise of the Warrants. The Company shall not, however, be required to pay any tax or governmental charge which may be payable in respect of any transfer involved in the transfer or delivery of Warrant Certificates or the issuance or delivery of Warrant Shares in a name other than that of the Holder of the Warrant Certificate evidencing the Warrants surrendered for exercise or to issue or deliver any Warrant Shares upon the exercise of any Warrants until any such tax or governmental charge shall have been paid (any such tax or governmental charge being payable by the Holder of such Warrant Certificate at the time of surrender) or until it has been established to the reasonable satisfaction of the Company and the Warrant Agent that no such tax or governmental charge is due. The Warrant Agent shall not have any duty or obligation to take any action under any section of this Agreement or any Warrant that requires the payment of taxes and/or charges unless and until the Warrant Agent is reasonably satisfied that all such payments have been made.

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

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