Sprint - Nextel 2015 Annual Report Download - page 299

repossessed goods, sales and marketing discounts, warranties, any unapplied credit memos and other adjustments that are
made in respect of a Customer Lease and shall include, but not be limited to, circumstances in which Servicer (or any Sub-
Servicer or any agent or representative of either thereof):
(a) specifies (including by posting to its website) a purchase option price for a Device less than the fair market value
notified by Lessor in writing to any Sprint Party upon request in accordance with Section 5.3(f) ( FairMarketValue
underCustomerLeasesforDevices) of the Second Step Transfer Agreement;
(b) forgives or reduces prior to the expiry of the Scheduled Customer Lease Term, any monthly Customer Receivable,
retrospectively or prospectively, in the monthly invoice or otherwise, to an amount which is lower than that set out in
the Data File;
(c) reduces, after the expiry of the Scheduled Customer Lease Term, a monthly Customer Receivable to an amount less
than the monthly Customer Receivable payable during the Scheduled Customer Lease Term;
(d) modifies the rental payments, or any other payment amount or obligation of a Customer, or the timing thereof, in a
manner that is economically less favorable to Lessor;
(e) charges a customer for repairs in an amount less than the Actual Repair Costs;
(f) charges a customer for unreasonable wear and tear in an amount less than the Actual Repair Costs;
(g) discontinues the leasing program and forgives the Customer any or all remaining rental payments under any Customer
Lease; and
(h) agrees to the terms of a return that are less favorable to Lessor than as set out in the returns policy at
www.sprint.com/returns (as in existence on the Lease Closing Date);
“ Eligible Devices ” means Apple: (a) iPhone 6 16 GB all colors; (b) iPhone 6 64 GB, all colors; (c) iPhone 6 128 GB, all
colors; (d) iPhone 6 Plus 16 GB all colors; (e) iPhone 6 Plus 16 GB all colors; and (e) iPhone 6 Plus 128 GB, all colors;
“ Eligible Leases ” means, as of any date of determination, a Customer Lease:
(a) (i) which represents the lease of goods initially leased by an Originator and the Customer Receivables in respect of
which are billed to the related Customer in the ordinary course of business, (ii) with respect to which (x) all
obligations of the Originator in connection with which have been fully performed, and (y) not more than thirty-one
(31) days have passed since such Customer Receivable was billed to the related Customer, (iii) the Customer
Receivables with respect to which, no portion is in respect of any amount as to which the related Customer is
permitted to withhold payment until the occurrence of a specified event or condition, (iv) the