Exhibit 10.43
FIRST AMENDMENT TO ANALOG MANAGEMENT AGREEMENT
This is the FIRST AMENDMENT to the Analog Management Agreement, and is
made and entered into as of September 9, 1999 (this "Amendment"), by and between
Nextel WIP Corp., a Delaware corporation, on behalf of itself and other
subsidiaries of Nextel Communications, Inc., a Delaware corporation (the
"Manager"), and Nextel Partners Operating Corp., a Delaware corporation, on
behalf of itself and its wholly owned subsidiaries (the "Licensee"). This
Amendment amends the Analog Management Agreement dated as of January 29, 1999,
by and between Manager and Licensee (the "Agreement"). Unless otherwise defined
in this Amendment, capitalized terms used in this Amendment have the same
meanings as in the Agreement.
RECITALS
A. Pursuant to the Agreement, Manager has the right to manage the use of
the Licenses that are not being used by Licensee to operate analog systems and
offer analog services on 800 MHz frequencies in the ESMR Network.
B. The Territory in which Licensee will construct and operate the ESMR
Network is being expanded, and the Parties desire to subject additional licenses
to the Agreement so that Manager will have the right to manage the use of such
additional licenses described in Schedule 1 ("Expansion Licenses") that are not
being used by Licensee to operate analog systems and offer analog services on
800 MHz frequencies in the ESMR Network in the expanded Territory.
C. The Parties are familiar with the FCC's rules and policies concerning
the responsibilities of Specialized Mobile Radio and Commercial Mobile Radio
Service licensees and have structured this Agreement to be in compliance
therewith.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants hereinafter set forth,
the Parties agree as follows:
1. Attachment A. Attachment A to the Agreement is hereby amended to add
the Expansion Licenses listed on Schedule 1.
2. Miscellaneous. The Agreement will, as modified by this Amendment,
continue in full force and effect. All and any references in any of the
Collateral Documents to the Agreement will be deemed references to the
Agreement, as amended by this Amendment.
3. Counterparts. This Amendment may be executed in any number of
counterparts, each of which will be deemed an original, and all of which
together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first above written.
NEXTEL WIP CORP, (as Manager)
By:_________________________________________
Name: Xxxx Xxxxxxx
Title: Vice President
NEXTEL PARTNERS OPERATING CORP.
By: /s/ Xxxx X. Xxxxxxxx
-----------------------------------------
Name: Xxxx Xxxxxxxx
Title: Chief Financial Officer and Treasurer
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3. Counterparts. This Amendment may be executed in any number of
counterparts, each of which will be deemed an original, and all of which
together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first above written.
NEXTEL WIP CORP, (as Manager)
By: /s/ Xxxx Xxxxxxx
-----------------------------------------
Name: Xxxx Xxxxxxx
Title: Vice President
NEXTEL PARTNERS OPERATING CORP.
By:_________________________________________
Name: Xxxx Xxxxxxxx
Title: Chief Financial Officer and Treasurer
-2-
Schedule 1
Expansion Licenses
[publicly available at
xxxx://xxx.xxx.xxx/xxxxxxxxxxx.xxxx]
