Ownership of Transponders. Customer understands and agrees that the Satellite Operators are the FCC-authorized operator of the Satellites . Neither this SSS Agreement nor Customer's Satellite Capacity shall, or shall be deemed to, convey title or any other ownership interest to Customer in or to any Satellite, any Transponder or any part thereof. Customer acknowledges and agrees (i) that nothing contained in this SSS Agreement shall prevent any sale, mortgage, or encumbrance of any Satellite or any Transponder thereof by the owner, (ii) that Customer's Satellite Capacity is provided on a right to use basis (with Equipment and services provided by AvData under the Master Agreement) and is not being sold to Customer, (iii) that neither any Transponder nor any Satellite, nor any right to use thereof nor any interest of any type therein, shall be subject to any claim, prior, subsequent or otherwise, of Customer or its creditors as a result of this SSS Agreement, and (iv) that, as to any Transponder, the rights of Customer under this SSS Agreement will be subject and subordinate to the rights of any purchaser purchasing such Transponder and leasing it back to the Satellite Operator pursuant to a sale and leaseback transaction. Notwithstanding the foregoing, AvData shall use reasonable efforts to provide that the foregoing restrictions shall not impact or interfere with Customer's use of Customer's Satellite Capacity as provided for herein.
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Samples: Satellite Services Supplemental Agreement (Pagemart Wireless Inc), Satellite Services Supplemental Agreement (Pagemart Wireless Inc)
Ownership of Transponders. Customer understands and agrees that the Satellite Operators are the FCC-authorized operator operators of the Satellites Satellites. Neither this SSS Agreement nor the provision of Customer's Satellite Capacity hereunder shall, or shall be deemed to, convey title or any other ownership interest to Customer in or to any Satellite, any Transponder or any part thereof. Customer acknowledges and agrees (i) that nothing contained in this SSS Agreement shall prevent any sale, mortgage, or encumbrance of any Satellite or any Transponder thereof by the owner, (ii) that Customer's Satellite Capacity is provided on a right to use basis (with Equipment and services provided by AvData under the Master Agreement) and is not being sold to Customer, and (iii) that neither any Transponder nor any Satellite, nor any right to use thereof nor any interest of any type therein, shall be subject to any claim, prior, subsequent or otherwise, of Customer or its creditors as a result of this SSS Agreement, and (iv) that, as to any Transponder, the rights of Customer under this SSS Agreement will be subject and subordinate to the rights of any purchaser purchasing such Transponder and leasing it back to the Satellite Operator pursuant to a sale and leaseback transaction. Notwithstanding the foregoing, AvData shall use reasonable efforts to provide that the foregoing restrictions shall not impact or interfere with Customer's use of Customer's Satellite Capacity as provided for herein.
Appears in 1 contract
Samples: Satellite Services Supplemental Agreement (Pagemart Wireless Inc)
Ownership of Transponders. Customer understands and agrees that the Satellite Operators are the FCC-authorized operator operators of the Satellites and that Customer has, and will have, no possessory interest in the space segment(s) provided pursuant to this Agreement. Neither this SSS Agreement nor Customer's the provision of the Satellite Capacity hereunder shall, or shall be deemed to, convey title or any other ownership interest to Customer in or to any Satellitethe Satellites, any Transponder or any part thereof. Customer acknowledges and agrees (i) that nothing contained in this SSS Agreement shall prevent any sale, mortgage, or encumbrance of any the Satellite or any Transponder thereof by the ownerSatellite Operators, (ii) that Customer's the Satellite Capacity is provided on a right to use basis (with Equipment and services provided by AvData under the Master Agreement) and is not being sold to Customer, (iii) that neither any Transponder nor any Satellite, nor any right to use thereof nor any interest of any type therein, shall be subject to any claim, prior, subsequent or otherwise, of Customer or its creditors as a result of this SSS Agreement, and (iv) that, as to any Transponder, the rights of Customer under this SSS Agreement will be subject and subordinate to the rights of any purchaser purchasing such Transponder and leasing it back to the Satellite Operator pursuant to a sale and leaseback transaction. Notwithstanding the foregoing, AvData shall use reasonable efforts to provide that the foregoing restrictions shall not impact or interfere with Customer's use of Customer's the Satellite Capacity as provided for herein.
Appears in 1 contract
Samples: Satellite Services Agreement (Arch Communications Group Inc /De/)
Ownership of Transponders. Customer understands and agrees that the Satellite Operators are GEAC is the FCC-authorized operator of the Satellites Satellite. Neither this SSS Agreement nor Customer's Satellite Use of Transponder Capacity shall, or shall be deemed to, convey title or any other ownership interest to Customer in or to any Satellite, any Transponder or any part thereofTransponder. Customer acknowledges and agrees (i) that nothing contained in this SSS Agreement shall prevent any sale, mortgage, or encumbrance of any the Satellite or any Transponder thereof by the ownerGEAC, (ii) that Customer's Satellite Transponder Capacity is provided on a right to use leased basis (with Equipment and services provided by AvData under the Master Agreement) and is not being sold to Customer, (iii) that neither any Transponder nor any Satellite, nor any right to use lease thereof nor any interest of any type therein, shall be subject to any claim, prior, subsequent or otherwise, of Customer or its creditors as a result of this SSS Agreement, and (iv) that, as to any Transponder, the rights of Customer under this SSS Agreement will be subject and subordinate to the rights of any purchaser purchasing such Transponder and leasing it back to the Satellite Operator GEAC pursuant to a sale and leaseback transaction. Notwithstanding the foregoing, AvData Customer acknowledges that GEAC has agreed that it shall use reasonable efforts to provide that the foregoing restrictions any sale, mortgage, or encumbrance shall not impact or interfere with Customer's use Use of Customer's Satellite Transponder Capacity as provided for herein. HNS may assign its rights or obligations to GEAC, or other financial entities pursuant to this Section II.A, or their respective Affiliates.
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