Transferable Franchise Area definition

Transferable Franchise Area means any Franchise Area with respect to which (A) any Required Consent necessary under a Franchise in connection with the consummation of the transactions contemplated by this Agreement shall have been obtained or shall have been deemed obtained by operation of law in accordance with the provisions of the Cable Act, or (B) no Required Consent is necessary under a Franchise in connection with the consummation of the transactions contemplated by this Agreement.

Transferable Franchise Area means any Franchise Area with respect to which (A) any Consent necessary under a Franchise in connection with the consummation of the transactions contemplated by this Agreement shall have been obtained or shall have been deemed obtained by operation of law in accordance with the provisions of the Cable Act, or (B) no Consent is necessary under a Franchise in connection with the consummation of the transactions contemplated by this Agreement.

Transferable Franchise Area means any Franchise Area with respect to which (A) any Consent necessary under a Franchise (including an expired Franchise pursuant to which a Falcon Company is operating) in connection with the consummation of the transactions contemplated by this Agreement shall have been obtained or shall have been deemed obtained by operation of law in accordance with the provisions of the Cable Act, or (B) no Consent is necessary under a Franchise in connection with the consummation of the transactions contemplated by this Agreement, provided that, with respect to any expired Franchise for which, as of the date hereof, the Franchising Authority has not granted to the applicable Falcon Company continuing operation authority and the Franchise Area serves greater than 350 Subscribers and pursuant to which Consent was not required prior to its expiration, a true and complete list of which is set forth on Schedule 1.1(f), the corresponding Franchise Area shall not be a Transferable Franchise Area unless and until the applicable Franchising Authority has either (i) consented to the consummation of the transactions contemplated by this Agreement, (ii) renewed such Franchise, or (iii) granted to the applicable Falcon Company continuing operating authority to the effect that such Falcon Company has authority to operate under such Franchise until such time as a final decision has been made with respect to the renewal of such Franchise, such consent, renewal or continuing operating authority being referred to as a "Designated Consent"), or (C) no Franchise is required to provide cable television service pursuant to applicable Legal Requirements, which Franchise Areas referred to in this clause (C) are listed on Schedule 3.8, or (D) with respect to the Franchises marked with an asterisk on Schedule 3.8, the applicable Franchising Authority has either (i) evidenced its acknowledgment and approval of the consummation of the transactions contemplated by this Agreement, or (ii) has not requested

Examples of Transferable Franchise Area in a sentence

• If, on the date that is one (1) year from the date of the Closing Date, any Franchise Area shall not have become a Transferable Franchise Area, Buyer and the Seller with respect thereto shall nevertheless conduct a final Closing with respect to the Retained Franchise and Retained Assets relating to any such Franchise Area ("Final Closing"), at which such Seller shall assign, transfer, convey and deliver to Buyer, and Buyer shall acquire from such Seller, such Retained Franchise and Retained Assets.

• Subject to Section 9.4, at such time as the Franchise Area covered by any Retained Franchise shall become a Transferable Franchise Area, Buyer and the applicable Seller shall conduct a closing (each, a "Subsequent Closing") at which such Seller shall assign, transfer, convey and deliver to Buyer, and Buyer shall acquire from such Seller, the Retained Franchise covering such Franchise Area and any Retained Assets with respect thereto.

• Each Subsequent Closing shall take place on a Business Day on which the relevant parties shall agree and that is not less than five (5) nor more than ten (10) business days from the date on which Buyer receives notice that the Retained Franchise Consent is obtained or the relevant Franchise Area has otherwise become a Transferable Franchise Area.

• Each Subsequent Closing shall take place on a Business Day on which the relevant parties shall agree and that is not less than five (5) nor more than ten (10) Business Days from the date on which Buyer receives notice that the Retained Franchise Consent is obtained or the relevant Franchise Area has otherwise become a Transferable Franchise Area.

• In the event that on the Closing Date any Franchise Area is not a Transferable Franchise Area, then the Franchise covering such Franchise Area ("Retained Franchise") and any other Assets used solely in connection with any Seller's operations within such Franchise Area ("Retained Assets") shall be excluded from the Assets conveyed on the Closing Date, and the provisions of this Section 9 shall apply.

More Definitions of Transferable Franchise Area

Transferable Franchise Area. As defined in Section 9.06(g)(ii).

Transferable Franchise Area means any Franchise Area with respect to which (AA) any authorization, consent, order or approval of any municipal authority necessary for the assignment of the Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement shall have been obtained and shall be effective, on terms not materially less favorable to Buyer or Seller as are currently in place in Seller's CATV Franchises or as otherwise agreed by the parties, or (BB) no authorization, consent, order or approval of any municipal authority is necessary for the assignment of the Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement, or (CC) no Franchise is required for the provision of cable television service in the Franchise Area.

Transferable Franchise Area means any Franchise Area with respect to which (A) any authorization, consent, order, or approval of any governmental authority necessary for the transfer of control of the Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement, in form and substance reasonably satisfactory, based on cable industry standards, to Acquiror, shall have been obtained and shall be in full force and effect as of the Effective Time, and the right of any governmental authority to acquire the System serving any Franchise Area shall have been waived, other than rights of condemnation or eminent domain afforded by law; or (B) no authorization, consent, order, or approval of any governmental authority is necessary for the transfer of control of the Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement, or (C) no Franchise is required for the provision of cable television service in the Franchise Area;

Transferable Franchise Area if (A) any Consent necessary for the transfer of control of the Systems Franchise for such Cable Franchise Area in connection with the consummation of the transactions contemplated by this Agreement shall have been obtained; (B) no Consent is necessary for the transfer of control of the Systems Franchise for such Cable Franchise Area in connection with the consummation of the transactions contemplated by this Agreement; or (C) no Franchise is required for the provision of cable television service in the Cable Franchise Area;

Transferable Franchise Area means any Franchise Area with respect to which (A) any Consent necessary for the assignment of any municipal, county, or state Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement shall have been obtained without any condition or qualification that would result in or constitute a material adverse change in the terms of the Franchise that is the subject of the Consent, or (B) no Consent is necessary for the assignment of any municipal, county, or state Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement, or (C) no municipal, county, or state Franchise is required for the provision of cable television service in the Franchise Area;

Transferable Franchise Area means any Franchise Area with respect to which (i) any Consent necessary under a Franchise in connection with the consummation of the transactions contemplated by this Agreement, the AT&T Related Agreements and the Cox Related Agreements shall have been obtained, (ii) no Consent is necessary under a Franchise in connection with the consummation of the transactions contemplated by this Agreement, the AT&T Related Agreements and the Cox Related Agreements or (iii) a franchise agreement, franchise application, operating permit or similar governing agreement, instrument, resolution, statute, ordinance, approval, authorization or similar right is not required pursuant to applicable Legal Requirements.

Transferable Franchise Area means any Franchise Area with respect to which (i) any authorization, consent, order, or approval of any governmental authority necessary with respect to the Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement, in form and substance reasonably satisfactory to Buyer, has been obtained and is in full force and effect as of the Closing Date, and the right of any governmental authority to acquire the system serving any Franchise Area has been waived; or (ii) no authorization, consent, order, approval or waiver of any governmental authority is necessary with respect to the Franchise for such Franchise Area in connection with the consummation of the transactions contemplated by this Agreement; or (iii) no Franchise is required for the provision of cable television service in the Franchise Area;