Common use of Manager's Right to Request Review of Changes Clause in Contracts

Manager's Right to Request Review of Changes. If Sprint PCS announces a change to a Program Requirement that will: (a) cause the Manager to spend an additional amount greater than 5% of Manager's shareholder's equity or capital account plus Manager's long-term debt (i.e., notes that mature more than one year from the date issued), as reflected on Manager's books; or (b) cause the long term operating expenses of Manager on a per unit basis using a 10-year time frame to increase by more than 10% on a net present value basis, then Manager may give Sprint PCS a written notice requesting Sprint PCS to reconsider the change. The Sprint PCS Vice President or the designee of the Sprint PCS Chief Officer in charge of the group that manages the Sprint PCS relationship with Manager will review Manager's request. If after the review and decision by the Vice President, Manager is still dissatisfied, then Manager may ask that the Chief Officer to whom the Vice President reports review the matter. If Sprint PCS still requires Manager to implement the change to the Program Requirement, then upon Manager's failure to implement the change Sprint PCS will have the rights under Section 11.

Appears in 5 contracts

Samples: Management Agreement (Horizon PCS Inc), Management Agreement (Unwired Telecom Corp), Management Agreement (Horizon Personal Communications Inc)

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Manager's Right to Request Review of Changes. If Sprint PCS announces a change to a Program Requirement that will: (a) cause the Manager to spend an additional amount greater than 55 % of Manager's shareholder's equity or capital account plus Manager's long-term debt (i.e., notes that mature more than one year from the date issued), as reflected on Manager's books; or (b) cause the long term operating expenses of Manager on a per unit basis using a 10-year time frame to increase by more than 10% on a net present value basis, then Manager may give Sprint PCS a written notice requesting Sprint PCS to reconsider the change. The Sprint PCS Vice President or the designee of the Sprint PCS Chief Officer in charge of the group that manages the Sprint PCS relationship with Manager will review Manager's request. If after the review and decision by the Vice President, Manager is still dissatisfied, then Manager may ask that the Chief Officer to whom the Vice President reports review the matter. If Sprint PCS still requires Manager to implement the change to the Program Requirement, then upon Manager's failure to implement the change Sprint PCS will have the rights under Section 11.

Appears in 1 contract

Samples: Management Agreement (Alamosa PCS Holdings Inc)

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