Timing of Promotion Sample Clauses

Timing of Promotion. If an Included Program has an Availability Date that is less than forty-five (45) days after its Home Video Rental Street Date, Licensor may establish a date prior to which no marketing or promotion may occur for any title (“Announce Date”), in which case Licensee may not “pre-promote” such title prior to such Announce Date, to include, without limitation: (a) solicit any pre-orders; (b) advertise referencing price or release date; or (c) use any title-related images or artwork. Violation of this provision shall constitute a material breach of the Agreement. If no Announce Date is specified by Licensor, Licensee shall have the right to promote on the Licensed Service and otherwise to the general public the upcoming availability of each Included Program during the period starting no more than thirty (30) days before its Availability Date unless otherwise directed by Licensor (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. If no Announce Date is specified by Licensor, Licensee may promote the upcoming exhibition of an Included Program on the Licensed Service in printed materials distributed directly and solely to Customers not earlier than forty-five (45) days prior to the Availability Date of such Included Program unless otherwise directed by Licensor (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. Licensee shall not promote any Included Program after the expiration of the Term or after the withdrawal of such Included Program hereunder. In no event may Licensee promote any Included Program prior to receiving an availability list containing such program. Messaging of Promotion. If any announcement, promotion or advertisement for an Included Program is more than ten (10) days in advance of its Availability Date, Licensee shall only announce and/or promote and/or advertise (in any and all media) its future availability on the Licensed Service by referring to its specific Availability Date. By way of example, in such case “Coming to ________ September 10” would be acceptable, but “Coming soon on _______” would not be acceptable; or If any announcement, promotion or advertisement for an Included Program is ten (10) or fewer days in advance of its Availability Date, Licensee shall have the right ...
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Related to Timing of Promotion

  • Timing of Distributions (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided herein, the Managing Member shall pay distributions to the Members associated with such Series pursuant to Section 7.1, at such times as the Managing Member shall reasonably determine, and pursuant to Section 7.2, as soon as reasonably practicable after the relevant amounts have been received by the Series; provided that, the Managing Member shall not be obliged to make any distribution pursuant to this Section (i) unless there are sufficient amounts available for such distribution or (ii) which, in the reasonable opinion of the Managing Member, would or might leave the Company or such Series with insufficient funds to meet any future contemplated obligations or contingencies including to meet any Operating Expenses and outstanding Operating Expenses Reimbursement Obligations (and the Managing Member is hereby authorized to retain any amounts within the Company to create a reserve to meet any such obligations or contingencies), or which otherwise may result in the Company or such Series having unreasonably small capital for the Company or such Series to continue its business as a going concern. Subject to the terms of any Series Designation (including, without limitation, the preferential rights, if any, of holders of any other class of Interests of the applicable Series), distributions shall be paid to the holders of the Interests of a Series on an equal per Interest basis as of the Record Date selected by the Managing Member. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not be required to make a distribution to any Member on account of its interest in any Series if such distribution would violate the Delaware Act or other applicable law. (b) Notwithstanding Section 7.2 and Section 7.3(a), in the event of the termination and liquidation of a Series, all distributions shall be made in accordance with, and subject to the terms and conditions of, ARTICLE XI. (c) Each distribution in respect of any Interests of a Series shall be paid by the Company, directly or through any other Person or agent, only to the Record Holder of such Interests as of the Record Date set for such distribution. Such payment shall constitute full payment and satisfaction of the Company and such Series liability in respect of such payment, regardless of any claim of any Person who may have an interest in such payment by reason of an assignment or otherwise.

  • Timing of Payments All payments of Expenses (including without limitation Expense Advances) by the Company to the Indemnitee pursuant to this Agreement shall be made to the fullest extent permitted by law as soon as practicable after written demand by Indemnitee therefor is presented to the Company, but in no event later than thirty (30) business days after such written demand by Indemnitee is presented to the Company, except in the case of Expense Advances, which shall be made no later than ten (10) business days after such written demand by Indemnitee is presented to the Company.

  • Timing of Payment Notwithstanding anything herein to the contrary, if the date on which any payment is to be made pursuant to this Indenture or the Notes is not a Business Day, the payment otherwise payable on such date shall be payable on the next succeeding Business Day with the same force and effect as if made on such scheduled date and (provided such payment is made on such succeeding Business Day) no interest shall accrue on the amount of such payment from and after such scheduled date to the time of such payment on such next succeeding Business Day and the amount of any such payment that is an interest payment will reflect accrual only through the original payment date and not through the next succeeding Business Day.

  • Timing of Disposition Data shall be disposed of by the following date:

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