Common use of Subscribers Clause in Contracts

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month and has paid at least one ▇▇▇▇, including, without limitation, any person who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber") and any person who receives Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty (60) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet internet services offered by Seller Sellers in the Business who has subscribed to a service for at least one month and has paid at least one ▇▇▇▇, including, without limitation, any person who receives dial-up Internet internet access or and e-mail service services through the Business (a "Dial-up Subscriber") and ), any person who receives Internet dedicated internet access from any Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on any Seller's server and to whom such Seller provides internet access (a "Web-hosting/Domain- hosting Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty (60) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet internet services or Internet internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet internet services or Internet internet services at a promotional discounted raterate (including, but not limited to, those accounts that receive "student plan" rates). Set forth on Schedule 2.16(c) attached hereto is each Seller's policy and practice with respect to the disconnection of Subscribers, with which each Seller has, except as set forth on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month and has paid at least one ▇▇▇▇, including, without limitation, any person who receives dial-up Internet access or and e-mail service services through the Business (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty thirty (6030) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted raterate (including, but not limited to, those accounts that receive "student plan" rates). Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 7,100 Dial-up Subscribers, 30 67 Dedicated Subscribers and 200 400 Web-hosting accounts (in addition to the Excluded and/or Domain-hosting Subscribers), all as set forth on Schedule 2.16(a) attached ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month and has paid at least one ▇▇▇▇, including, without limitation, any person who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber") and ), any person who receives Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber") and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting Subscriber"); provided, however, that "Subscriber" shall not -------- ------- include any person -------- ------- who is (i) more than sixty forty-five (6045) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto ---------------- is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month and has paid at least one ▇▇▇▇, including, without limitation, any person who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty thirty (6030) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers (as defined herein) of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active (service not terminated more than thirty (30) days prior to the date hereof) subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month two months and has paid at least one ▇▇▇▇two bills at any given time, including, without limitation, any person or corporation who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting / Domain-hosting Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty (60) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person or entity receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate.. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule 2.16(c), at all times since its inception, complied in all material respects. It is understood and agreed that Schedule 2.16

Subscribers. Schedule 2.16(a2.17(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Seller's Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month and has paid at least one ▇▇▇▇, including, without limitation, any person who receives dial-up Internet access or and e-mail service through the Business services from Seller (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a Web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"); provided, however, that -------- ------- "Subscriber" shall not include any person -------- ------- who is (i) more than sixty thirty (6030) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business Seller and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b2.17(b) ---------------- attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.17(c) attached hereto is Seller's policy and practice with ---------------- respect to the disconnection of Subscribers, with which Seller has, at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month and has paid at least one ▇▇▇▇, including, without limitation, any person who receives dial-up Internet access or and e-mail service services through the Business (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty thirty (6030) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted raterate (including, but not limited to, those accounts that receive "student plan" rates). Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers (as defined herein) of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month two months and has paid at least one ▇▇▇▇▇ covering at least a sixty (60) day period, including, without limitation, any person or corporation who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty (60) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers all subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms term "Subscriber" shall mean any active subscriber as of the Closing Date to Internet services offered by either Seller in the Business who has subscribed to a service for at least one month two months and has paid at least one ▇▇▇▇two bills (except in the case of active subscribers who began receiving Internet services in the 31 days prior to the Closing Date as set forth on Schedule 2.16(a), who shall have subscribed to a service for at least two months and have paid at least two bills as of the thirtieth (30th) calendar day after the Closing Date), including, without limitation, any person or corporation who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from either Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on either Seller's servers and to whom either Seller provide Internet access (a "Web-hosting/Domain-hosting Subscriber"); provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than sixty thirty (6030) days delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rateservices. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is each Seller's policy and practice with respect to the disconnection of Subscribers, with which such Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the Subscribers subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least one month two months and has paid at least one ▇▇▇▇two bills, including, without limitation, any person who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber") and ), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's ▇▇▇▇ for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.