VENDOR PREFERENCE Sample Clauses

VENDOR PREFERENCE. Provided that: Ericsson (i) has given a timely Ericsson First Notice; (ii) has satisfied the conditions of Section 3 above; and (iii) has not given an Ericsson Second Notice, Cricket shall purchase from Ericsson a System for the next Available Market (the "Test Market") deployed by Cricket or its affiliates after the earlier of: (a) the date twenty-four (24) months after the Effective Date; or (b) twelve (12) months after the gives the Ericsson First Notice. "Available Market" means any market where Cricket or any of its affiliates have acquired a license to build and operate a System, which is not yet deployed and whether such market currently exists as of the Effective Date or is acquired thereafter; provided however, it excludes any Contiguous Markets. A "Contiguous Market" means a market owned by Cricket or any of its affiliates that is geographically close or proximate to an existing market where Cricket or any of its affiliates have deployed a System, and where operating synergies would be 8 gained or capital expenditures would be avoided by deploying additional Systems identical to those in the existing market (i.e., Salt Lake City, UT would be considered a Contiguous Market to Provo, UT, since operating efficiencies would exist). The System deployed in the Test Market will be subject to a "soak" period, whereby it will be operated for six (6) months after the Substantial Completion date (the "Test Period") in order to determine whether it is operating in accordance with the Definitive Agreements and the Specifications. Provided the System in the Test Market has operated in accordance with the Specifications and Definitive Agreements during the Test Period, thereafter Cricket shall purchase from Ericsson any additional Products and Services for deployment in its remaining Available Markets in accordance with the following: (i) if as of the expiration of the Test Period the projected cost (as reasonably set forth in Cricket's business plan) to deploy Products and Services in all of the remaining Available Markets is equal to or greater than $330,000,000 (less the price of the Products and Services previously deployed in the Test Market), then Cricket agrees to purchase a minimum of $330,000,000 (less the price of the Products and Services previously deployed in the Test Market) of Products and Services for deployment in such remaining Available Markets; or (ii) if as of the expiration of the Test Period the projected cost (as reasonably set forth in ...
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VENDOR PREFERENCE. Yes (please supply vendor names on back of this a page.) No (We will contact our vendors for repairs)
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VENDOR PREFERENCE. If a competing hotel offers better revenues and/or improved features such that the revenue generating potential of the system is greater, Maginet and GDG shall employ similar or alternative technology, to ensure that the System remains competitive in this sector of its revenue generating capability.
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VENDOR PREFERENCE. Subject to its obligations to the Host Community under the Host Community Agreement and any applicable state statutes or regulations, PPE shall make a good faith effort to utilize local contractors and suppliers for construction and future operations of the Project and shall afford such opportunities to local vendors when such contractors and suppliers are properly qualified and price competitive. Such efforts shall include, where appropriate as determined by PPE, actively soliciting bids from vendors from surrounding communities through local advertisements and coordination with the North Central Massachusetts Chamber of Commerce and the Nashoba Valley Chamber of Commerce. PPE reserves the right to determine the best qualified contractors and suppliers for any particular service and to determine, in its sole discretion, whether any contractor or supplier meets the qualifications required by PPE.
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VENDOR PREFERENCE. Provided that Vendor has: (i) given a timely Vendor's ----------------- First Notice; (ii) not terminated this Contract pursuant to a Vendor's Second Notice, and has complied with all of the requirements of subsection 1A.3; and (iii) satisfied the conditions of subsections 1A.4 through 1A.8 above, Owner shall purchase from Vendor Products and Services for the next Available Market deployed by Owner or its Affiliates after the Delivery Date (the "Test Market"). ----------- The System deployed in the Test Market shall be subject to a "soak" period, during which it will be operated for [*] after the Substantial Completion date in order to determine whether it is operating in accordance with this Contract and the Specifications (the "Test Period"). If a Major Outage occurs at any ----------- time during the last [*] of the Test Period, then the Test Period shall be extended until the date on which the System has operated for [*] consecutive [*] after the cause of the latest Major Outage [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. has been corrected to the reasonable satisfaction of the Owner and Vendor. For the Test Market, the Initial Period, defined in subsection 10(f), shall be extended until the last day of the Test Period, as extended from time to time pursuant to the terms of this subsection. For the Test Market, Final Acceptance shall not occur until the successful completion of the Test Period. Provided the System in the Test Market has successfully completed the Test Period and reached Final Acceptance prior to September 20, 2002, and Vendor has otherwise complied with the terms of this Contract, Owner shall purchase during the Contract Term from Vendor additional Products and Services for deployment in its remaining Available Markets in accordance with the following: (i) if as of the expiration of the Test Period the projected cost (as reasonably set forth in Owner's business plan) to deploy Products and Services in all of the remaining Available Markets is equal to or greater than $330,000,000 (less the price of the Products and Services previously deployed in the Test Market), then Owner agrees to purchase, during the Contract Term, a minimum of $330,000,000 (less the price of Products and Services previously deployed in the Test Market) of Products and Services for dep...
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VENDOR PREFERENCE. SCOPE OF WORK AND RESPONSIBILITIES............................... 16 2.1
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VENDOR PREFERENCE. The evaluation of competitive Solicitations is subject to Section 7-151, City Code which, except where contrary to federal and state law, or any other funding source requirements, provides that preference be given to local businesses. To satisfy this requirement, the Respondent shall submit in writing its compliance with any two of the following objective criteria (see Form A-3). A local business shall be defined as:
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Related to VENDOR PREFERENCE

  • Shift Preference 200 Shift preference will be granted on the basis of seniority within the classification as openings occur. The transfer to the desired shift will be effected within two (2) weeks following the end of the current pay period within which a written request is made, provided the employee can do the work. a. An employee who is assigned to a specific shift based on his/her request shall remain assigned to that shift and not be eligible for another shift preference transfer for a period of six (6) months.

  • Ohio Preference The Recipient shall, to the extent practicable, use and shall cause all of its Contractors and subcontractors to use Ohio products, materials, services and labor in connection with the Project pursuant to Section 164.05(A)(6) of the Revised Code;

  • Domestic Preference The Borrower may grant a margin of preference in the evaluation of bids under international competitive bidding in accordance with paragraphs 2.55(a) and 2.56 of the Procurement Guidelines for domestically manufactured Goods.

  • Series A Preferred Stock The Series A Preferred Stock shall have the following rights, preferences and limitations: i. The Series A Preferred Stock shall have a liquidation preference of $100 per share or an aggregate liquidation preference of $6.4 million. The liquidation preference shall be senior to all other securities of the Company including the Series B, C and D Preferred Stock described below and the Common Stock. ii. The Series A Preferred Stock shall not have specified dividends but shall be entitled to participate on an as-converted basis in any dividends paid on the Common Stock of the Company or the Series B, C or D Preferred Stock. iii. The Series A Preferred Stock shall not be subject to mandatory redemption at the election of the Investors but shall be subject to redemption at a redemption price of $100 per share by the Company at any time on or after ten (10) years after the original date of issuance. iv. The Series A Preferred Stock shall be convertible into shares of Common Stock at a conversion price of $1.00 per share. Each share of Series A Preferred Stock shall be initially convertible into 100 shares of Common Stock based on the $100 liquidation preferential amount thereof. The conversion price and number of shares will be subject to customary anti-dilution adjustments for stock splits, share dividends, recapitalizations, stock issuances, etc., with the anti-dilution adjustment for the issuance of shares at less than the conversion price being determined on the "weighted average method." v. Subject to the provisions of Section 3A hereof, the Series A Preferred Stock, voting as a single class, shall be entitled to elect a majority (4) of the Board of Directors. On all other matters, the holders of the Series A Preferred Stock shall vote together with the holders of the Common Stock and the Series B, C and D Preferred Stock and shall be entitled to cast one vote for each share of Common Stock into which the Series A Preferred Stock is convertible. vi. The approval of the Series A Preferred Stock, voting as a separate class, shall be required for the issuance of any securities having liquidation or other rights senior or superior or equal in any respect to the rights of the Series A Preferred Stock.

  • RECIPROCAL PREFERENCE In the event the lowest responsive and responsible bid submitted in response to any Invitation for Bids is by a bidder whose principal place of business is in a county other than Orange County, and such county grants a bid preference for purchases to a bidder whose principal place of business is in such county, then Orange County may award a preference to the (next) lowest responsive and responsible bidder having a principal place of business within Orange County, Florida. Such preference will be equal to the preference granted by the county in which the lowest responsive and responsible bidder has its principal place of business except as provided below.

  • Subscription Rights, Preferences or Privileges If the Company shall at any time offer or cause to be offered to the persons in whose names deposited Preferred Stock is registered on the books of the Company any rights, preferences or privileges to subscribe for or to purchase any securities or any rights, preferences or privileges of any other nature, such rights, preferences or privileges shall in each such instance be made available by the Depositary to the record holders of Receipts in such manner as the Company shall instruct (including by the issue to such record holders of warrants representing such rights, preferences or privileges); provided, however, that (a) if at the time of issue or offer of any such rights, preferences or privileges the Company determines upon advice of its legal counsel that it is not lawful or feasible to make such rights, preferences or privileges available to the holders of Receipts (by the issue of warrants or otherwise) or (b) if and to the extent instructed by holders of Receipts who do not desire to exercise such rights, preferences or privileges, the Depositary shall then, if so directed by the Company and if applicable laws or the terms of such rights, preferences or privileges so permit, sell such rights, preferences or privileges of such holders at public or private sale, at such place or places and upon such terms as it may deem proper. The net proceeds of any such sale shall, subject to Sections 3.01 and 3.02, be distributed by the Depositary to the record holders of Receipts entitled thereto as provided by Section 4.01 in the case of a distribution received in cash. The Depositary shall not make any distribution of such rights, preferences or privileges, unless the Company shall have provided to the Depositary an opinion of counsel stating that such rights, preferences or privileges have been registered under the Securities Act or do not need to be registered. If registration under the Securities Act of the securities to which any rights, preferences or privileges relate is required in order for holders of Receipts to be offered or sold the securities to which such rights, preferences or privileges relate, the Company agrees that it will promptly notify the Depositary of such requirement, that it will promptly file a registration statement pursuant to the Securities Act with respect to such rights, preferences or privileges and securities and use its commercially reasonable efforts and take all steps available to it to cause such registration statement to become effective sufficiently in advance of the expiration of such rights, preferences or privileges to enable such holders to exercise such rights, preferences or privileges. In no event shall the Depositary make available to the holders of Receipts any right, preference or privilege to subscribe for or to purchase any securities unless and until such a registration statement shall have become effective or unless the offering and sale of such securities to such holders are exempt from registration under the provisions of the Securities Act. If any other action under the law of any jurisdiction or any governmental or administrative authorization, consent or permit is required in order for such rights, preferences or privileges to be made available to holders of Receipts, the Company agrees that it will promptly notify the Depositary of such requirement and to use its commercially reasonable efforts to take such action or obtain such authorization, consent or permit sufficiently in advance of the expiration of such rights, preferences or privileges to enable such holders to exercise such rights, preferences or privileges. The Depositary will not be deemed to have any knowledge of any item for which it is supposed to receive notification under any Section of this Deposit Agreement unless and until it has received such notification.

  • Series B Preferred Stock 1 Shares.......................................................................1

  • Veteran’s Preference In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 00 Xxxxxx Xxxxxx Xxxx Xxxxxxx 00000. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

  • BID PREFERENCE In accordance with the Minority Women Owned Business Enterprise (MWBE) Ordinance, award of a contract resulting from this Invitation for Bids may be made to the lowest responsive and responsible Orange County certified MWBE bidder provided that the bid does not exceed the overall lowest responsive and responsible bidder by the following percentages for the bid amounts listed: A. 8% - Bids Up To $100,000 In accordance with the Registered Service Disabled Veteran Business Ordinance, award of a contract resulting from this Invitation for Bids may be made to the lowest responsive and responsible registered prime Service Disabled Veteran bidder provided that the bid does not exceed the overall lowest responsive and responsible bidder by the following percentages for the bid amounts listed: A. 8% - Bids Up To $100,000

  • Convertible Preferred Stock In accordance with the undersigned's obligation under the Subscription Agreement to provide such information as may be required by law for inclusion in the Registration Statement, the undersigned agrees to promptly notify the Company of any inaccuracies or changes in the information provided herein that may occur subsequent to the date hereof at any time while the Registration Statement remains effective. All notices hereunder and pursuant to the Subscription Agreement shall be made in writing at the address set forth below. In addition, the undersigned hereby agrees to give the Company three days' prior notice in advance of sales of Series A Convertible Preferred Stock pursuant to the Registration Statement, and the undersigned hereby further agrees not to sell Series A Convertible Preferred Stock in the event the undersigned knows of any undisclosed material developments or transactions relating to the Company. The undersigned hereby acknowledges that it understands that any sales or other dispositions of any Series A Convertible Preferred Stock pursuant to the Registration Statement, once effective, must be settled with Series A Convertible Preferred Stock bearing the Company's general (not necessarily restricted) common shares CUSIP number. A beneficial owner named in the Registration Statement may obtain Series A Convertible Preferred Stock bearing the Company's general common shares CUSIP number for settlement purposes by presenting the Series A Convertible Preferred Stock to be sold (with a restricted CUSIP), together with a certificate of registered sale, to the Company's transfer agent, North American Transfer Co. The form of certificate of registered sale is available from the Company upon request. The process of obtaining such shares might take a number of business days. SEC rules generally require trades in the secondary market to settle in three business days, unless the parties to any such trade expressly agree otherwise. Accordingly, a beneficial owner who holds Series A Convertible Preferred Stock with a restricted CUSIP at the time of the trade might wish to specify an alternate settlement cycle at the time of any such trade to provide sufficient time to obtain Series A Convertible Preferred Stock with an unrestricted CUSIP in order to prevent a failed settlement. By signing below, the undersigned consents to the disclosure of the information contained herein in its answers above and the inclusion of such information in the Registration Statement and the related prospectus. The undersigned understands that such information will be relied upon by the Company in connection with the preparation or amendment of the Registration Statement and the related prospectus.