No Restrictions on Resale. 5.1 CLEC may resell Resale services to provide telecommunications services to any and all categories of subscribers, unless the Oklahoma commission determines otherwise as to a service obtained at wholesale rates. CLEC will not resell to business End Users AT&T OKLAHOMA’s Resale services that are restricted by AT&T OKLAHOMA’s tariffs to use by residential subscribers. AT&T OKLAHOMA is not required to make services available for resale at wholesale rates to CLEC for its own use. CLEC may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent CLEC resells services that require certification on the part of the buyer, CLEC will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. AT&T OKLAHOMA will not prohibit, nor impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Services.
5.2 CLEC will not use the Resale services covered by this Agreement to provide intrastate or interstate access services or to avoid intrastate or interstate access charges to itself, interexchange carriers (IXCs), wireless carriers, competitive access providers (CAPs), or other telecommunications providers. Provided however, that CLEC may permit its end users to use resold Resale services to access IXCs, wireless carriers, CAPs, or other retail telecommunications providers.
No Restrictions on Resale. 5.1 In each state CLEC may resell Resale services to provide telecommunications services to any and all categories of subscribers, unless that state’s commission determines otherwise as to a service obtained at wholesale rates. CLEC will not resell to business customers AT&T’s Resale services that are restricted by AT&T’s tariffs to use by residential subscribers. AT&T is not required to make services available for resale at wholesale rates to CLEC for its own use. CLEC may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent CLEC resells services that require certification on the part of the buyer, CLEC will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. AT&T will not prohibit, nor impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Services.
5.2 CLEC will not use the Resale services covered by this Agreement to provide intrastate or interstate access services or to avoid intrastate or interstate access charges to itself, interexchange carriers (IXCs), wireless carriers, competitive access providers (CAPs), or other telecommunications providers. Provided however, that CLEC may permits its end users to use resold Resale services to access IXCs, wireless carriers, CAPs, or other retail telecommunications providers.
No Restrictions on Resale. 5.1 In each state CLEC may resell Resale services to provide telecommunications services to any and all categories of subscribers, unless that state’s commission determines otherwise as to a service obtained at wholesale rates. CLEC will not resell to business customers AT&T’s Resale services that are restricted by AT&T’s tariffs to use by residential subscribers. AT&T is not required to make services available for resale at wholesale rates to CLEC for its own use. CLEC may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent CLEC resells services that require certification on the part of the buyer, CLEC will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. AT&T will not prohibit, nor impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Services.
5.2 CLEC will not use the Resale services covered by this Agreement to provide intrastate or interstate access services or to avoid intrastate or interstate access charges to itself, interexchange carriers (IXCs), wireless carriers, competitive access providers (CAPs), or other telecommunications providers. Provided however, that CLEC may permits its end users to use resold Resale services to access IXCs, wireless carriers, CAPs, or other retail telecommunications providers.
5.3 Except as otherwise provided herein, the most current state-specific retail, and where available resale tariff(s) and/or guidebook(s) (the latter of which as posted on the AT&T CLEC Online web site) shall govern the terms, conditions and charges associated with the Telecommunications Services available to CLEC for resale, with the exception of any resale restrictions; provided, however, that any restrictions on further resale by the End User shall continue to apply. Use limitations shall be in parity with services offered by AT&T to its End Users.
No Restrictions on Resale. KMC may resell to any and all classes of end users Telecommunications Services obtained from Sprint under this Agreement, except for Lifeline Assistance and Link-Up or similar services which KMC may only resell to those subscribers who are eligible for such services. Sprint will not prohibit, nor impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Service except as such resale may be prohibited or restricted pursuant to FCC Rules and Regulations and State Rules and Regulations.
No Restrictions on Resale. Unvested Securities sold to a Purchaser for Value (or to the Company or the Company's assignee) in compliance with Section 2 above will, without any further action on the part of Executive or the Company, no longer be subject to any provision of this Agreement or the Senior Management Agreement, but will remain subject to the Stockholders Agreement.
No Restrictions on Resale. The Existing Convertible Debentures were initially issued by the Company to the Debt Holder on April 17, 2000 in a private placement exempt from registration pursuant to Section 4(2) under the Securities Act. Pursuant to Rule 144(k) of the Securities Act and based in part on the representations and warranties of the Debt Holder in Article IV, the Preferred Stock, the Warrant, the shares of Common Stock underlying the Warrant upon cashless exercise and the Note and any shares of Common Stock or other securities of the Company issued in exchange for such securities are not, and will not, be subject to restrictions on resale and shall not contain any legend (other than, in the case of the Note, a legend indicating that it is subject to that certain Subordination Agreement, dated as of the date herewith, entered into between AMRO International, S.A. and Finova Capital Corporation (the "Subordination Agreement")). Accordingly, if any such securities are issued with a restrictive legend (except as to the legend on the Note as indicated above), the Company will, no later than five business days following the delivery by the Debt Holder or a permitted assignee to the Company or the Company's transfer agent of such securities containing a restrictive legend, deliver or cause to be delivered to the Debt Holder or permitted assignees a certificate representing such securities that is free from all restrictive and other legends. With respect to any Common Stock issued in a cashless exchange for the Preferred Stock, the Warrant or the Note or any of the Company's securities issued in exchange therefor, in addition to such Debt Holder's other available remedies, the Company shall pay to the Debt Holder or a permitted assignee, in cash, as liquidated damages and not as a penalty, $2,000 for each day after such five business days until such certificate is delivered free from all restrictive and other legends.
