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 ...
Sample 1Sample 2
AutoNDA by SimpleDocs
VENDOR PREFERENCE. Yes (please supply vendor names on back of this a page.) No (We will contact our vendors for repairs)
Sample 1
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.
Sample 1
VENDOR PREFERENCE. 15 2. SCOPE OF WORK AND RESPONSIBILITIES............................... 16 2.1
Sample 1
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...
Sample 1
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. RaynhamPark
Sample 1
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:
Sample 1
AutoNDA by SimpleDocs

Related to VENDOR PREFERENCE

  • Series A Preferred Stock On the Closing Date, each Subscriber shall purchase and the Company shall sell to each such Subscriber, the number of shares of Preferred Stock designated on such Subscriber’s signature page hereto for such Subscriber’s Purchase Price indicated thereon.

  • 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 C Preferred Stock The holders of outstanding shares of Series C Preferred Stock shall be entitled to receive dividends, when and as declared by the Board of Directors, out of any assets at the time legally available therefor, at the Dividend Rate specified for such shares of Preferred Stock payable in preference and priority to any declaration or payment of any distribution on Series A Preferred Stock, Series B Preferred Stock or Common Stock of the Corporation other than a dividend payable solely in Common Stock. No distributions shall be made with respect to the Series A Preferred Stock, Series B Preferred Stock or Common Stock during any fiscal year of the Corporation, other than dividends on the Common Stock payable solely in Common Stock, until all dividends at the applicable Dividend Rate on the Series C Preferred Stock have been declared and paid or set apart for payment to the holders of Series C Preferred Stock. The right to receive dividends on shares of Series C Preferred Stock shall not be cumulative, and no right to such dividends shall accrue to holders of Series C Preferred Stock by reason of the fact that dividends on said shares are not declared or paid in any year.

  • Series B Preferred Stock Section 1.2(d)......................... 5 Shares............................ Section 3.2(a).........................

  • Series A Preferred Units (a) The authorized number of Series A Preferred Units shall be unlimited. Series A Preferred Units that are purchased or otherwise acquired by the Partnership shall be cancelled.

  • Convertible Preferred Stock The Holder and the Corporation shall maintain records showing the number of shares of Series A Convertible Preferred Stock so converted and the dates of such conversions or shall use such other method, reasonably satisfactory to the Holder and the Corporation, so as not to require physical surrender of the certificate representing the Series A Convertible Preferred Stock upon each such conversion. In the event of any dispute or discrepancy, such records of the Corporation establishing the number of shares of Series A Convertible Preferred Stock to which the record holder is entitled shall be controlling and determinative in the absence of manifest error. Notwithstanding the foregoing, if Series A Convertible Preferred Stock represented by a certificate are converted as aforesaid, a Holder may not transfer the certificate representing the Series A Convertible Preferred Stock unless such Holder first physically surrenders the certificate representing the Series A Convertible Preferred Stock to the Corporation, whereupon the Corporation will forthwith issue and deliver upon the order of such Holder a new certificate of like tenor, registered as such Holder may request, representing in the aggregate the remaining number of shares of Series A Convertible Preferred Stock represented by such certificate. A Holder and any assignee, by acceptance of a certificate, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion of any Series A Convertible Preferred Stock, the number of shares of Series A Convertible Preferred Stock represented by such certificate may be less than the number of shares of Series A Convertible Preferred Stock stated on the face thereof. Each certificate for Series A Convertible Preferred Stock shall bear the following legend: ANY TRANSFEREE OF THIS CERTIFICATE SHOULD CAREFULLY REVIEW THE TERMS OF THE CORPORATION'S CERTIFICATE OF AMENDMENT RELATING TO THE SERIES A CONVERTIBLE PREFERRED STOCK REPRESENTED BY THIS CERTIFICATE, INCLUDING SECTION 6(c)(iv) THEREOF. THE NUMBER OF SHARES OF SERIES A CONVERTIBLE PREFERRED STOCK REPRESENTED BY THIS CERTIFICATE MAY BE LESS THAN THE NUMBER OF SHARES OF SERIES A CONVERTIBLE PREFERRED STOCK STATED ON THE FACE HEREOF PURSUANT TO SECTION 6(c)(iv) OF THE CERTIFICATE OF AMENDMENT RELATING TO THE SERIES A CONVERTIBLE PREFERRED STOCK REPRESENTED BY THIS CERTIFICATE.

  • Conversion of Company Preferred Stock The Company shall have completed the conversion of all issued and outstanding Company Preferred Stock to Company Common Stock.

  • Preferred Shares The Preferred Shares have been duly and validly authorized, and, when issued and delivered pursuant to this Agreement, such Preferred Shares will be duly and validly issued and fully paid and non-assessable, will not be issued in violation of any preemptive rights, and will rank pari passu with or senior to all other series or classes of Preferred Stock, whether or not issued or outstanding, with respect to the payment of dividends and the distribution of assets in the event of any dissolution, liquidation or winding up of the Company.

  • Changes in Common Stock or Preferred Stock If, and as often as, there is any change in the Common Stock or the Preferred Stock by way of a stock split, stock dividend, combination or reclassification, or through a merger, consolidation, reorganization or recapitalization, or by any other means, appropriate adjustment shall be made in the provisions hereof so that the rights and privileges granted hereby shall continue with respect to the Common Stock or the Preferred Stock as so changed.

Time is Money Join Law Insider Premium to draft better contracts faster.