NON-SIMULTANEOUS Sample Clauses

NON-SIMULTANEOUS. APPLICATIONS - Initial applicant will be offered the following options in writing immediately following receipt, by the Licensor, of an application(s). Copies of such written notification to the initial applicant will be sent to the additional applicant(s). OPTION 1 - Application(s) of the initial applicant will be processed on the basis that there is no application on file from another applicant for the same Pole, Anchor or Conduit System. OPTION 2 - Application(s) of initial applicant and additional applicant(s) will be processed in accordance with B) 1) preceding
Sample 1
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NON-SIMULTANEOUS. Applications Options Available Initial Applicant Initial Applicant to Initial Applicant Licensor will treat as Is charged the cost non-multiple applicant. attributable to the Option 1 - any change of work involved to priority of pole accommodate (Licensor will process availability or overall attachment by one as if no multiple permit To be done on two bases to completion schedule licensee. applications exist) determine accommodation that is desired after requirements for: either has been initially 1. attachment by single agreed upon with the licensee Licensor is subject to 2. attachment by Licensor's ability to multiple licensees Total cost to be accommodate in its (a) simultaneously shared equally by established work Additional Applicant (b) non-simultaneously multiple applicants schedule. Is charged the cost attributable to the work involved to Additional Applicant accommodate Required make-ready attachment by an work will not be additional licensee performed until on a pole attached permits have been by initial licensee. granted to initial applicant unless the performance of such work will not delay the completion of make-ready work required to accommodate the initial applicant. PROCEDURE FOR PROCESSING MULTIPLE POLE ATTACHMENT PERMIT APPLICATIONS WHERE PARTIAL MAKE-READY SURVEY EXPENSE HAS BEEN INCURRED BY LICENSOR Make-Ready Survey Make-Ready Survey Make-Ready Work Make-Ready Cost Requirement Cost Allocation Schedule Cost Allocation Options Available to Initial Applicant Option 1 Balance of required survey to be Initial Applicant completed on two bases to (Licensor will process as if determine accommodate Will be charged the cost no multiple permit requirements for: incurred for that portion applications exist) of the survey which has 1. attachment by single already been completed. SAME AS 1 B. SAME AS 1 B. licensee Additional Applicant 2. attachment by multiple licensees Will be charged the cost (a) simultaneously incurred to resurvey the (b) non-simultaneously completed portion of the survey to determine the Portion of survey already requirements to accommodate completed for initial application attachment by multiple will be resurveyed to determine licensees. the requirements to accommodate an additional licensee. Total cost of the balance of the required survey will be shared equally by the multiple applicants. PROCEDURE FOR PROCESSING MULTIPLE POLE ATTACHMENT PERMIT APPLICATIONS WHERE PARTIAL MAKE-READY SURVEY EXPENSE HAS BEEN INCURRED BY LICENSOR...
Sample 1

Related to NON-SIMULTANEOUS

  • Simultaneous Closings 35 Section 9.9

  • Simultaneous Closing The Formation Transactions shall close simultaneously with the closing of the IPO and the receipt of the net proceeds of the IPO by the Company (the “Closing”). The date on which the Formation Transactions close shall be the “Closing Date.”

  • Contemporaneous Sale Subject to the conditions set forth in Section 3.2(A) hereof, with respect to the purchase of Additional Loans, such Additional Loans shall be contemporaneously sold to the Eligible Lender Trustee on behalf of the Trust in accordance with Section 4(H) of the Sale Agreement.

  • Simultaneous Adjustments In the event that this Article 11 requires adjustments to the Conversion Rate under more than one of Sections 11.06(4), 11.07 or 11.08, and the record dates for the distributions giving rise to such adjustments shall occur on the same date, then such adjustments shall be made by applying, first, the provisions of Section 11.06, second, the provisions of Section 11.08 and, third, the provisions of Section 11.07.

  • Extension of Closing Date Contributor and Acquirer hereby agree to amend Sections 3.1(g) and 3.2(g) of the Contract to provide as follows: The Closing shall have occurred on or prior to June 30, 2005. Contributor and Acquirer hereby agree to amend Section 4.1 of the Contract to provide as follows: The consummation and closing (the “Closing”) of the transactions contemplated under this Agreement shall take place at the offices of Hunton & Wxxxxxxx LLP, Washington, D.C., or such other place as is mutually agreeable to the parties, on the date of the closing of the IPO (the “Closing Date”), or as otherwise set by agreement of the parties; provided, however, that this Agreement shall terminate if Closing does not occur prior to June 30, 2005.

  • Termination of Contracts Neither the Company nor any of its Subsidiaries has sent or received any communication regarding termination of, or intent not to renew, any material contract or agreement referred to or described in the Registration Statement, the Pricing Disclosure Package and the Final Prospectus or filed as an exhibit to the Registration Statement, and no such termination or non-renewal has been threatened by the Company or any of its Subsidiaries or by any other party to any such contract or agreement.

  • Subsequent Closings Subject to the satisfaction (or waiver by the Agent in its sole discretion) of the conditions to a Subsequent Closing set forth in Section 5.2 and further subject to Section 10.2(a), each applicable Lender hereby promises to purchase from the Borrower an aggregate principal amount of additional Notes not to exceed, when aggregated with the principal amount of Notes acquired by such Lender prior to such Subsequent Closing (including, without limitation, at the Closing), such Lender’s Commitment. Subject to the satisfaction (or waiver by the Agent) of the conditions to a Subsequent Closing set forth in Section 5.2 and further subject to Section 10.2(a), in consideration for each applicable Lender’s payment of its pro rata share of the aggregate purchase price (the “Subsequent Closing Note Purchase Price”) of the Notes to be purchased by such Lenders at such Subsequent Closing, the Borrower shall issue and sell to each Lender on the applicable Subsequent Closing Date (as defined below), and each Lender severally, but not jointly, agrees to purchase from the Borrower on such Subsequent Closing Date, a principal amount of Notes in the amount each Lender has agreed in writing to pay in respect thereof, pursuant to a Notice of Purchase and Sale. The closing (each a “Subsequent Closing”) of any of the transactions contemplated by this Section 3.2 and the issuance of the additional Notes to be issued to the Lenders at such Subsequent Closing shall occur at the offices of Xxxxxx Xxxxxx Xxxxxxxx LLP, 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000. With respect to each Subsequent Closing, the date and time of such Subsequent Closing (the “Subsequent Closing Date”) shall be 10:00 a.m., Chicago time, on the date on which the conditions set forth in Section 5.2 below shall be satisfied or waived in accordance with this Agreement (or such later date as is mutually agreed to by the Borrower and the Agent). On each Subsequent Closing Date, (i) each Lender shall pay its pro rata share of the applicable Subsequent Closing Note Purchase Price to the Borrower for the Notes to be issued and sold to such Lender at such Subsequent Closing, by wire transfer of immediately available funds in accordance with the Borrower’s written wire instructions, and (ii) the Borrower shall deliver to each Lender the Notes (in the denominations as such Lender shall have requested prior to such Subsequent Closing) which such Lender is then purchasing, duly executed on behalf of the Borrower and registered in the name of such Lender or its designee.

  • Modification, Waiver, Termination and Cancellation No supplement, modification, termination, cancellation or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver.

  • The First Closing Date Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [•], or such other time and date not later than 1:30 p.m. New York City time, on [•] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

  • Major Transactions There are no other Major Transactions currently pending or contemplated by the Company.

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