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Common use of Network Operations Clause in Contracts

Network Operations. (a) Except as set forth on Schedule 3.27(a), the network of the Company and its Subsidiaries, taken as a whole, is in good working condition and is without any material defects for purposes of operating the business of the Company and its Subsidiaries as operated by the Company and its Subsidiaries. (b) Except as set forth on Schedule 3.27(b), the Company and its Subsidiaries have indefeasible rights to use (or lease) approximately 1,016 route-miles and approximately 19,014 fiber-miles of fiber in each of the metropolitan areas set forth on Schedule 3.27(b). (c) The Company and its Subsidiaries have good and valid title to approximately 9,389 route-miles and approximately 693,902 fiber-miles of fiber between the city pairs set forth on Schedule 3.27(c), and have indefeasible rights to use approximately 11,830 route-miles and approximately 720,677 fiber-miles of fiber between the city pairs set forth on Schedule 3.27(c) (including the names of the respective fiber vendors). (d) The Company and its Subsidiaries have good and valid title to the switches listed on Schedule 3.27(d) and each such switch is in good operating condition and repair, free from all material defects, subject only to normal wear and tear.

Appears in 3 contracts

Samples: Merger Agreement (Broadwing Corp), Merger Agreement (Broadwing Corp), Merger Agreement (Level 3 Communications Inc)

Network Operations. (a) Except as set forth on Schedule 3.27(a), 5.27(a) the network of the Company and its Subsidiaries, taken as a whole, is in good working condition and is without any material defects for purposes of operating the business of the Company and its Subsidiaries as operated by the Company and its Subsidiaries. (b) Except as set forth on Schedule 3.27(b), the Company and its Subsidiaries have indefeasible rights good and valid title to use (or lease) approximately 1,016 6,943 route-miles and approximately 19,014 555,773 fiber-miles of fiber in each of the metropolitan areas set forth on Schedule 3.27(b5.27(b), and have indefeasible rights to use (or lease) approximately 4,919 route-miles and approximately 108,820 fiber-miles of fiber in each of the metropolitan areas set forth on Schedule 5.27(b). (c) The Company and its Subsidiaries have good and valid title to approximately 9,389 739 route-miles and approximately 693,902 14,327 fiber-miles of fiber between the city pairs set forth on Schedule 3.27(c5.27(c), and have indefeasible rights to use approximately 11,830 9,937 route-miles (including 72 route-miles leased from Sunesys) and approximately 720,677 70,161 fiber-miles of fiber (including 288 fiber-miles leased from Sunesys) between the city pairs set forth on Schedule 3.27(c5.27(c) (including the names of the respective fiber vendors). (d) The Company and its Subsidiaries have good and valid title to the switches listed on Schedule 3.27(d5.27(d) and that each such switch is in good operating condition and repair, free from all material defects, subject only to normal wear and tear.

Appears in 1 contract

Samples: Merger Agreement (Level 3 Communications Inc)