Equivalent Basic Subscribers. (or `EBSs')" means (i) the number ---------------------------------------- of residential households that subscribe to Basic Service (exclusive of secondary outlets and courtesy accounts) which pay the standard rate for Basic Service in the System without discount, each of which has paid in full without discount at least one monthly xxxx generated in the ordinary course of business, none of which, as of the Closing Date, is pending disconnection for any reason, and none of which is, as of the Date of Closing, delinquent in payment for services for more than sixty days (provided that a customer's account shall not be considered past due as a result of unpaid amounts not exceeding $5.00 in the more than 60 day aging category) plus (ii) the number of equivalent bulk subscribers (determined by dividing the aggregate dollar amount collected from bulk/commercial accounts for Basic Service and Expanded Basic Service in the System by the combined monthly rate for residential Basic Service and Expanded Basic Service then in effect in the System), each of which has paid in full without discount at least one monthly xxxx generated in the ordinary course of business, none of which, as of the Closing Date, is pending disconnection for any reason, and none of which is, as of the Date of Closing, delinquent in the payment for services for more than sixty days (provided that a customer's account shall not be considered past due as a result of unpaid amounts not exceeding $5.00 in the more than 60 day aging category). The definition of Equivalent Basic Subscriber shall not include any subscriber which has been obtained within the 12 month period prior to the Closing Date by offers made, promotions conducted or discounts given outside the ordinary course of business or any subscriber which otherwise falls within the definition of an EBS because its account has been compromised or written off within the 12 month period prior to the Closing Date, other than in the ordinary course of business consistent with past practices for reasons including, but not limited, to service interruptions, but not for the purpose of making it qualify as an EBS.
Equivalent Basic Subscribers means, with respect to each Franchise Area, as of any date, the number of active customers for Basic Services either in a single household, a commercial establishment or a multi-unit dwelling (including a hotel unit); provided, however, that the number of customers in a commercial establishment or multi-unit dwelling that obtain service on a "bulk-rate" basis shall be determined for each Franchise Area by dividing the gross bulk-rate xxxxxxxx for Basic Services and Expanded Basic Services (but excluding xxxxxxxx from a la carte tiers or premium services, installation or other non- recurring charges, converter rental or any outlet or connection other than the first outlet or connection, pass-through charges for sales taxes, line-itemized franchise fees, fees charged by the FCC and the like) attributable to such commercial establishment or multi-unit dwelling during the most recent billing period ended prior to the date of calculation (but excluding xxxxxxxx in excess of a single month's charge) by the rate charged at the date of determination to individual households for the highest level of Basic Services and Expanded Basic Services offered in the Franchise Area, such rate not to be less than the rate for such Franchise Area set forth on Schedule 1.1 (excluding xxxxxxxx from a la carte tiers or premium services, installation or other non-recurring charges, converter rental, pass-through charges for sales taxes, line-itemized franchise fees, fees charged by the FCC and the like). For purposes of this definition, (i) an "active customer" shall mean, as of any date, any person, commercial establishment or multi- unit dwelling that is paying for and receiving Basic Services from the System in that Franchise Area who has an account that is not more than 60 days past due (except for past due amounts of $10.00 or less, provided such account is otherwise current) but excluding any person, commercial establishment or multi-unit dwelling that as of the date of calculation has not paid in full the charges for at least one month of the services ordered and (ii) the number of days a customer account is past due shall be calculated from the first day of the period for which the applicable billing relates.
Equivalent Basic Subscribers means subscribers to the Cable Systems receiving basic service under bulk billing arrangements which provide for pricing at a rate that is not equal to the published residential rate card rate, including, without limitation, multi-unit residential complexes, hospitals, commercial accounts, bars and taverns, but excluding hotels and motels. The number of Equivalent Basic Subscribers shall be determined by dividing (i) the monthly aggregate amount billed for basic and CPST cable television service as of the most recent end-of-month billing cycle cut-off immediately preceding the date such determination is to be made, by (ii) the published residential rate card rate in effect for basic and CPST cable television service, respectively, as of the date such determination is to be made.
Examples of Equivalent Basic Subscribers in a sentence
The Preliminary Adjustments Report will include a complete list of subscribers, a detailed calculation of the number of Equivalent Basic Subscribers and a schedule setting forth advance payments made to or by Seller and deposits made by Seller, as well as accounts receivable information relating to the Business (showing sums due and their respective aging as of the Closing Date).
Also disclosed on Schedule 4.16 are the approximate number of homes passed by the System, and the approximate number of Equivalent Basic Subscribers of the System as of the applicable dates specified therein.
As of the Closing Date, the number of Equivalent Basic Subscribers served by Retained Franchises shall not exceed 10% of the Subscriber Threshold; provided that Buyer may at any time designate any Franchise as a non-Retained Franchise, in which event such non-Retained Franchise shall be transferred to Buyer at the Closing in accordance with the provisions of this Agreement and shall not be subject to any provisions relating to Retained Franchises.
For the purposes of the Final Adjustment, Tentative Subscribers who have paid a full monthly xxxx generated in the ordinary course of business within 30 days following Closing will be included in the final calculation of Equivalent Basic Subscribers.
For purposes of this Agreement, the "Retained Franchise Amount" for a Retained Franchise shall be equal to the number of Equivalent Basic Subscribers served by Seller pursuant to such Retained Franchise multiplied by the Subscriber Adjustment Amount.
More Definitions of Equivalent Basic Subscribers
Equivalent Basic Subscribers means the number of active customers for Basic Services (as hereinafter defined) either in a single household, a commercial establishment or a multi-unit dwelling (including a hotel unit); provided, however, that the number of subscribers in a commercial establishment or multi-unit dwelling that obtain service on a "bulk-rate" basis shall be determined for each franchise area by dividing the gross bulk-rate billxxxx xxx Basic Services and expanded basic services (but excluding billxxxx xxxm a la carte tiers or premium services, installation or other nonrecurring charges, converter rental or any outlet or connection other than the first outlet or connection, pass-through charges for sales taxes, line-itemized franchise fees, fees charged by the FCC and the like) attributable to such commercial establishment or multi-unit dwelling during the most recent billing period ended prior to the date of calculation (but excluding billxxxx xx excess of a single month's charge) by the Basic Rate. For purposes of this definition (i) an "active subscriber" shall mean, as of any date, any person, commercial establishment or multi-unit dwelling that is paying for and receiving Basic Services from the System who has an account that is not more than sixty (60) days past due (except for past due amounts of $5.00 or less, provided such account is otherwise current) who is not pending disconnection for any reason; and (ii) the number of days a subscriber account is past due shall be calculated from the first day of the period for which the applicable billing relates.
Equivalent Basic Subscribers. (or "EBSs") shall mean, as of any date of determination, the sum (without duplication) of (i) the number of Basic Subscribers of the System; (ii) the number of Broadcast Basic Subscribers of the System not otherwise included as Basic Subscribers but in no event shall more than 275 Broadcast Basic Subscribers (the "BROADCAST BASIC LIMIT") be included for purposes of this clause (ii); and (iii) the number that is obtained by dividing (A) the aggregate monthly xxxxxxxx for the most recent billing period ended prior to the date of determination for (1) each commercial establishment or multiple dwelling unit that pays a bulk rate for Basic Services and (2) each Broadcast Basic Subscriber in excess of the Broadcast Basic Limit (excluding, in all cases for purposes of the preceding clauses (1) and (2) any charges for premium service, pay-per-view programming, a la carte tiers, digital tiers, internet access, franchise fees and any other pass through items, taxes, second connects, additional outlets, installation fees, deposits and other non-recurring items and any charges for rental converters, remote control devices and other like charges for equipment), by (B) the non-discounted monthly rate for Basic Services in effect during such billing period (which rate will not be less than the applicable current rate charged by the System as of the date of this Agreement and set forth in SCHEDULE 5.15.
Equivalent Basic Subscribers or "EBS's" shall mean at a specified date a number representing the sum of the equivalent of Basic Subscribers of each franchise area in the CATV Systems derived by dividing (a) the total monthly xxxxxxxx for sales by Seller of Basic CATV Services for the most recent month ended prior to such specified date to single family households which pay less than the full non-discounted (other than senior citizen discounts) monthly price for Basic CATV Services and to bulk accounts (provided that in no event shall such xxxxxxxx include more than a single month's charges for any such single family household or single bulk account), by (b) the full non-discounted monthly price charged by Seller to single family households for Basic CATV Services in accordance with standard rates charged by Seller at the Closing Date in such franchise area; provided, however, that in no event shall such standard rates charged by Seller at the Closing Date be less than those set forth on Schedule 1. For purposes of the foregoing, there shall be excluded (a) all xxxxxxxx to any discounted single family household or bulk account for which a payment of more than ten dollars is more than sixty-two (62) days past due from the invoice date (whether for Basic CATV Services or Pay TV or otherwise); (b) all xxxxxxxx to any discounted single family household or bulk account which has not paid at least one month's payment for Basic CATV Services, including payment of all installation charges owed and due; (c) that portion of the xxxxxxxx to each discounted (other than senior citizen discounts) single family household or bulk account which represents an installation or other non-recurring charge, a charge for any outlet or connection other than the first outlet or first connection in any single family household or, with respect to a bulk account, in any residential unit (e.g. individual apartment or rental unit), a charge for any tiered service (whether or not included within Pay TV), or a pass-through charge for copyright fees, sales taxes, etc.; (d) all xxxxxxxx to any discounted single family household or bulk account which is pending disconnection for any reason; and (e) all xxxxxxxx to any discounted single family household or bulk account which was solicited since March 14, 1996, by any promotions, offers of discounts, or extraordinary marketing techniques which promotions, discounts, or marketing techniques were inconsistent with Seller's previous business practices.
Equivalent Basic Subscribers means, as of the Closing Date or any other date of determination and for each Partnership System, without duplication, the aggregate of all of the following that are receiving Basic Services provided by the Partnership Systems:
Equivalent Basic Subscribers means, as of any date, without
Equivalent Basic Subscribers means, as at any date, the sum of (a) the number of Subscribers who subscribe to a CATV System at the regular basic monthly subscription rate for such CATV System to a single household Subscriber (exclusive of "secondary outlets", as such term is commonly understood in the cable television industry), plus (b) the number of Subscribers determined by dividing the aggregate dollar monthly amount billed to bulk Subscribers (hotels, motels, apartment buildings, hospitals and the like that pay for cable television service provided to their guests and/or tenants), by the regular basic monthly subscription rate for basic service charged by the CATV System in which such bulk Subscriber is located.
Equivalent Basic Subscribers means the number obtained by adding: (i) the number of first outlet residential subscribers for Basic Cable or Basic Antenna of the System who have paid the applicable connection and installation fee and have made at least one monthly payment for service at the normal monthly rate for Basic Cable or Basic Antenna, as applicable, and whose accounts are not more than 60 days past due from the first day of the month for which service was rendered (or, if more than 60 days past due, who owe less than $5.00) to (ii) the result obtained by dividing the aggregate of the gross monthly billing (excluding installation, connection, relocation and disconnection fees and miscellaneous rental charges for equipment such as remote control devices and converters) from the bulk subscribers who have paid the applicable connection fee and who have made at least one monthly payment for service and whose accounts are not more than 60 days past due from the first day of the month for which such service was rendered, by the highest monthly service charge in effect in the System for a first outlet residential connection for Basic Cable. Any subscriber who has requested prior to the Closing Date that his cable television service be disconnected shall be excluded from the definition of Equivalent Basic Subscribers.