Common use of NEXT System Documents Clause in Contracts

NEXT System Documents. (a) The NEXT System Documents contain all the terms of the material contractual arrangements relevant to the construction and launch of the NEXT Constellation. (b) As at the date of this Agreement: (i) each copy of a NEXT System Document delivered to the COFACE Agent pursuant to Clause 4 (Conditions of Utilisation) is true and complete in all material respects; (ii) there is no other agreement in connection with, or arrangements which amend, supplement or affect any Material NEXT System Document; and (iii) there is no dispute in connection with any Material NEXT System Document: (A) in respect of which any contractual dispute resolution provision has been enlivened or invoked; or (B) which is otherwise material, and no dispute with any NEXT System Document that could reasonably be expected to have a Material Adverse Effect. (c) Each NEXT System Document is in full force and effect and is enforceable in accordance with its terms except (i) for any NEXT System Document which has expired or terminated in accordance with its terms as permitted under the Finance Documents or which is not required to be in effect at the relevant time, or (ii) for any NEXT System Document (other than a Material NEXT System Document) where the failure to be in full force and effect would not reasonably be likely to have a Material Adverse Effect. (d) No Obligor is in breach of any NEXT System Document in any material respect.

Appears in 4 contracts

Samples: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Loan Agreement (Iridium Communications Inc.)

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NEXT System Documents. (a) The NEXT System Documents contain all the terms of the material contractual arrangements relevant to the construction and launch of the NEXT Constellation. (b) As at the date of this Agreement: (i) each copy of a NEXT System Document delivered to the COFACE BPIAE Agent pursuant to Clause 4 (Conditions of Utilisation) is true and complete in all material respects; (ii) there is no other agreement in connection with, or arrangements which amend, supplement or affect any Material NEXT System Document; and (iii) there is no dispute in connection with any Material NEXT System Document: (A) in respect of which any contractual dispute resolution provision has been enlivened or invoked; or (B) which is otherwise material, and no dispute with any NEXT System Document that could reasonably be expected to have a Material Adverse Effect. (c) Each NEXT System Document is in full force and effect and is enforceable in accordance with its terms except (i) for any NEXT System Document which has expired or terminated in accordance with its terms as permitted under the Finance Documents or which is not required to be in effect at the relevant time, or (ii) for any NEXT System Document (other than a Material NEXT System Document) where the failure to be in full force and effect would not reasonably be likely to have a Material Adverse Effect. (d) No Obligor is in breach of any NEXT System Document in any material respect.

Appears in 1 contract

Samples: Supplemental Agreement (Iridium Communications Inc.)

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