Common use of Preferred Provider Status Clause in Contracts

Preferred Provider Status. So long as Virgin’s Percentage Interest is at least ten percent (10%), Virgin covenants and agrees that, subject to the next to last sentence of this Section 2.7, for the period beginning on the date hereof and ending on the termination date of the Amended and Restated PCS Services Agreement, (i) the Virgin Controlled Entities shall not, either directly or indirectly, individually or jointly, own in excess of ten percent (10%) of the equity interests of any Person (other than the Company) that provides mobile telecommunications services in the United States of America, the U.S. Virgin Islands or Puerto Rico, and (ii) Virgin shall not, and Virgin shall cause each of the Virgin Controlled Entities not to, license or transfer any mobile telecommunications or mobile telecommunications-related intellectual property to any providers of mobile telecommunications services in the United States of America, the U.S. Virgin Islands or Puerto Rico other than the Company and its Subsidiaries, Sprint or any of Sprint’s Affiliates. Notwithstanding the foregoing, the provisions of this Section 2.7 will be inapplicable to, and will not prohibit, restrict or limit, the ability or right of the Virgin Controlled Entities to use wireless devices to enhance core services to their customers; such devices will exclude those operating on a public communications network for mobile devices, but will include, without limitation, Virgin Atlantic or Virgin America airphones and other wireless communication devices for, in each case, in-flight use, wireless music listening devices for in-store use in Virgin Megastores, and any other wireless communication device for use on a closed, or effectively closed, network. This Section 2.7 shall survive any termination of this Agreement or sale of Equity Securities by Sprint (for so long as the Amended and Restated PCS Services Agreement has not terminated, in which case, this Section 2.7 shall cease to apply).