Common use of Opposition to DEMS Licenses Clause in Contracts

Opposition to DEMS Licenses. Neither Associated nor any of its Affiliates shall oppose, challenge or in any manner take an adverse position, directly or indirectly, with respect to any DEMS License (and Associated or its Affiliates shall promptly withdraw or rescind any such previous opposition, challenge or adverse position); provided that, subject to and without limitation of Associated's obligations under the other provisions of this Agreement, prior to the Closing, the provisions of this paragraph (e) shall not apply to any channel covered by an existing or future DEMS License to the extent such DEMS License is with respect to a channel as to which Associated holds a DEMS license. Notwithstanding any other provision of this Agreement, if the FCC revokes a DEMS License with respect to channel 31 in the Los Angeles SMSA or channel 30 in the San Francisco SMSA and grants, pursuant to a decision that is no longer subject to administrative or judicial review, reconsideration or appeal, a DEMS license with respect to such channel, or a channel in substitution for such channel, to MSI, DSC, Associated or any of their respective Affiliates, then Contributor shall receive the consideration that she would have received under Section 3(c) or Section 3(e), at the same time she would have received such consideration under Section 3(c) or 3(e), if such channel had been an asset of FirstMark at the Closing and/or had been released from the Trust, as applicable.

Appears in 3 contracts

Samples: Stock Contribution Agreement (Associated Group Inc), Stock Contribution Agreement (Cherrywood Holdings Inc), Stock Contribution Agreement (Forester Lynn)

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Opposition to DEMS Licenses. Neither Associated nor any of its Affiliates shall oppose, challenge or in any manner take an adverse position, directly or indirectly, with respect to any DEMS License (and Associated or its Affiliates shall promptly withdraw or rescind any such previous opposition, challenge or adverse position); provided that, subject to and without limitation of Associated's obligations under the other provisions of this Agreement, prior to the Closing, the provisions of this paragraph (e) shall not apply to any channel covered by an existing or future DEMS License to the extent such DEMS License is with respect to a channel as to which Associated holds a DEMS license. Notwithstanding any other provision of this Agreement, if the FCC revokes a DEMS License with respect to channel 31 in the Los Angeles SMSA or channel 30 in the San Francisco SMSA and grants, pursuant to a decision that is no longer subject to administrative or judicial review, reconsideration or appeal, a DEMS license with respect to such channel, or a channel in substitution for such channel, to MSI, DSC, Associated or any of their respective Affiliates, then Contributor shall receive the consideration that she would have received under Section 3(c) or Section 3(e), at the same time she would have received such consideration under Section 3(c) or 3(e), if such channel had been an asset of FirstMark at the Closing and/or had been released from the Trust, as applicable.under

Appears in 2 contracts

Samples: Stock Contribution Agreement (Teligent Inc), Stock Contribution Agreement (Teligent Inc)

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