Secondary Purchaser definition

Secondary Purchaser has the meaning set forth in Section 5(c).

Secondary Purchaser. Customer's right to use the Software may not be assigned, sublicensed or otherwise transferred; provided however, that if Customer sells or transfers the Designated EMC System, EMC shall offer to license the Core Software and to render Equipment and Core Software Product Maintenance to any bona fide end user (hereinafter "Secondary Purchaser") to whom Customer has transferred the Designated EMC System pursuant to EMC's then-current standard terms and conditions, so long as such Secondary Purchaser is not deemed, in EMC's reasonable discretion, to be a competitor of EMC's. Whenever the Core Software is licensed to a Secondary Purchaser in accordance with this Paragraph, EMC shall offer to provide de-installation services for Customer and re-installation and certification for Equipment and Core Software Product Maintenance for the Secondary Purchaser at EMC's then-current applicable fees.

Secondary Purchaser shall include any owner by assignment or otherwise of a Receivable Interest but shall not include any Person to whom a participation is granted. Neither the Seller nor the Collection Agent may assign its rights hereunder or any interest herein without the prior written consent of the Secondary Purchasers, except, in the case of the Collection Agent, as otherwise provided in Article VI hereof.

Examples of Secondary Purchaser in a sentence

• If such successor Administrative Agent is not a Secondary Purchaser, such successor Administrative Agent shall be (a) either (i) a commercial bank having a combined capital and surplus of at least $250,000,000 or (ii) an Affiliate of such bank and (b) experienced in the types of transactions contemplated by this Agreement.

• Each Secondary Purchaser also acknowledges that it will, independently and without reliance upon the Administrative Agent, any of its Affiliates or any other Secondary Purchaser and based on such documents and information as it shall deem appropriate at the time, continue to make its own decisions in taking or not taking action under this Agreement.

• The Administrative Agent agrees to give to each Secondary Purchaser prompt notice of each notice given to it by the Seller, or by it to the Seller, pursuant to the terms of this Agreement.

• In addition, and to the extent Supplier resources reasonably permit, Supplier will make available to the Secondary Purchaser: (a) Equipment installation and re-certification services as a Time and Materials Service; and (b) Support Services for Equipment that Supplier has determined and notified the Secondary Purchaser meets Supplier’s certification criteria upon receipt of payment of Supplier’s then current Support Services fees.

• In addition, and to the extent EMC resources reasonably permit, EMC shall make available to the Secondary Purchaser, (a) Equipment installation and re-certification services as a Time and Materials Service; and (b) Support Services for Equipment meeting the certification criteria.

More Definitions of Secondary Purchaser

Secondary Purchaser means any individual or entity who is not an Original Purchaser who purchases a ticket or tickets for an Event or Events from an Original Purchaser, a ticket reseller or other vendor in the secondary ticket market, or who receives a ticket or tickets for an Event or Events by transfer from the Original Purchaser by any means.

Secondary Purchaser has the meaning set forth in the Receivables Purchase Agreement or the Secondary Purchase Agreement, as applicable.

Secondary Purchaser has the meaning set forth in Section 6.02(c).

Secondary Purchaser means Aspen Technology Receivables II LLC, a limited liability company organized under the laws of Delaware.

Secondary Purchaser has the meaning set forth in Section 9.02(c).

Secondary Purchaser has the meaning set forth in Section 8.02(c).

Secondary Purchaser. Customer's right to use the Software may not be assigned, sublicensed or otherwise transferred; provided however, that if Customer sells or transfers the Designated EMC System, EMC shall offer to license the Core Software and to render Equipment and Core Software Product Maintenance to any bona fide end user (hereinafter "Secondary Purchaser") to whom Customer has transferred the Designated EMC System pursuant to EMC's then-current standard terms and conditions, so long as such Secondary Purchaser is not deemed, in EMC's reasonable discretion, to be a competitor of EMC's. Whenever the Core Software is licensed to a Secondary Purchaser in accordance with this Paragraph, EMC shall offer to provide de-installation services for Customer and re-installation and certification for Equipment and Core Software Product Maintenance for the Secondary Purchaser at EMC's then-current applicable fees. C. PRODUCT MAINTENANCE (1). Warranty Period: Product Maintenance shall be provided at no additional cost during the respective warranty periods for (i) purchased Equipment which shall include Core Software and (ii) licensed Enterprise Storage Software.