Excess Equipment definition

Excess Equipment is defined in Section 11.4 hereof.
Excess Equipment means, subject to the provisions of Section 2.16(e), (i) the number (if any) of (x) sectoral antennae owned by Seller or its Affiliates and installed on the Designated Towers as of the Effective Time on the Closing Date which exceeds (y) one hundred and five percent (105%) of the aggregate number of sectoral antennae set forth on Schedule 1.1(d) of the SellersDisclosure Schedules and (ii) the number (if any) of (x) microwaves owned by Seller or its Affiliates and installed on the Designated Towers as of the Effective Time on the Closing Date which exceeds (y) one hundred and five percent (105%) of the aggregate number of microwaves set forth on Schedule 1.1(d) of the Sellers’ Disclosure Schedules, but excluding in the case of clause (i)(x) and clause (ii)(x) any such sectoral antennae or microwaves installed under a User Master Lease Agreement or User Site Lease Agreement included in the Purchased Assets.
Excess Equipment has the meaning assigned to such term in the Asset Purchase Agreement.

Examples of Excess Equipment in a sentence

  • The future fair market value in continued use (residual value) of the Original Equipment, the Revised Original Equipment, the Updated Equipment, and the Excess Equipment, in each case, at the end of the Lease Term (and possibly other points as well), expressed in projected then-current dollars, assuming such Equipment has been maintained and returned according to the provisions of the Lease.

  • Pursuant to such marketing and sale program as approved by the Required Banks, the Company shall (a) from time to time designate the Excess Equipment for sale, in writing to the Agent, (b) advise the Agent in writing of proposed sales of such Excess Equipment, and (c) effectuate such sales upon the consent of the Required Banks.

  • If on August 31, 2007 an Excess Equipment B Advance exists, then Borrowers shall immediately pay the amount of such excess to Bank.

  • For the avoidance of doubt, Buyer shall be entitled to assert a breach of the Specific Tower Representations or assert that Excess Equipment was installed on the Designated Towers as of the Closing whether or not the asserted breach was within Buyer’s Knowledge as of the Closing.


More Definitions of Excess Equipment

Excess Equipment means Equipment located in the United States or Canada as of the date hereof that: (a) is not necessary or material to the conduct of the business of any Borrower or Guarantor at the then current location of the Equipment; (b) is not a fixture; (c) is not a Moveable Asset; and (d) may be moved to a location outside the United States or Canada by any Borrower or Guarantor without violating any other agreement to which any Borrower or Guarantor is a party or by which it or its assets are bound.

Related to Excess Equipment

  • Customer Premises Equipment or "CPE" means equipment employed on the premises of a Person other than a Carrier to originate, route or terminate Telecommunications (e.g., a telephone, PBX, modem pool, etc.).

  • Building Equipment shall have the meaning set forth in the Security Instrument.

  • Rental Equipment means the equipment identified on the Service Agreement and Order Schedule or otherwise notified to you in writing that we will rent to you as part of our provision of the Services and which you will return to us after expiry or termination of the Agreement, subject to the provisions of this Agreement.

  • New equipment means equipment for which, by the cut-off date, neither of the following events has occurred:

  • Supplier Equipment means the Supplier's hardware, computer and telecoms devices, equipment, plant, materials and such other items supplied and used by the Supplier (but not hired, leased or loaned from the Customer) in the performance of its obligations under this Call Off Contract;

  • Contractor’s Equipment means all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and the remedying of any defects. However, Contractor’s Equipment excludes Temporary Works, Employer’s Equipment (if any), Plant, Materials and any other things intended to form or forming part of the Equipment.

  • Electrical equipment means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

  • Operating Equipment means furniture, furnishings, special lighting fixtures, carpeting, draperies, decorations or other special finishing work, signs, appliances and trade fixtures and equipment that is furnished, installed or used by the Contractor in its operations on the Airport. It does not include Fixed Improvements, or repair or maintenance of Operating Equipment or Fixed Improvements or displays or decorations that are of a seasonal or temporary promotional nature.

  • Load Control Equipment means the equipment (which may include, but is not limited to, ripple receivers and relays) that is from time to time installed in, over or on Consumer’s Premises for the purpose of receiving signals sent by Load Signalling Equipment and switching on and off, or otherwise controlling, controllable load;

  • Capital Equipment means machinery and equipment purchased or leased, and used in this state by the purchaser or lessee primarily for manufacturing, fabricating, mining, or refining tangible personal property to be sold ultimately at retail if the machinery and equipment are essential to the integrated production process of manufacturing, fabricating, mining, or refining. Capital equipment also includes machinery and equipment used primarily to electronically transmit results retrieved by a customer of an online computerized data retrieval system.

  • Leased Equipment means the computers, servers, machinery and equipment and other tangible personal property leased by Seller for use in the operation or conduct of the Business.

  • Standard equipment means the basic configuration of a vehicle which is equipped with all the features that are required under the regulatory acts of the Contracting Party including all features that are fitted without giving rise to any further specifications on configuration or equipment level.

  • Metering Equipment means all metering equipment installed at the metering points designated in the appropriate appendix to an Interconnection Service Agreement. Minimum State of Charge:

  • Major Equipment means the items of Equipment listed as such in Attachment G.

  • Existing Equipment means equipment, machines, devices or installations that are in operation prior to September 23, 1970.

  • Fixed Equipment means any property affixed in any way to the Licensed Premises existing at the time Notice to Proceed is given, whose removal would damage the Licensed Premises.

  • Production facility means a facility in California at which gasoline or CARBOB is produced. Upon request of a producer, the executive officer may designate, as part of the producer's production facility, a physically separate bulk storage facility which (A) is owned or leased by the producer, and (B) is operated by or at the direction of the producer, and (C) is not used to store or distribute gasoline or CARBOB that is not supplied from the production facility.

  • Farm equipment means equipment used directly for farming

  • Terminal Equipment means all telephone instruments, including pay telephone equipment, the common equipment of large and small key and PBX systems and other devices and apparatus, and associated wirings, which are intended to be connected electrically, acoustically or inductively to the telecommunication system of the telephone utility.

  • Project Equipment means all personal property, goods, leasehold improvements, machinery, equipment, furnishings, furniture, fixtures, tools and attachments wherever located and whether now owned or hereafter acquired, financed in whole or in part with the proceeds of the Bonds, and any additions and accessions thereto, substitutions therefor and replacements thereof, including, without limitation the Project Equipment described in Appendix C hereto, as amended from time to time in accordance herewith.

  • Service Equipment means any equipment, Software, systems, cabling and facilities provided by or on behalf of Verizon and used to facilitate provision of the Services at a Customer Site. Ownership of the Service Equipment does not pass to Customer. Service Equipment does not include Verizon Facilities.

  • Customer Equipment means hardware, software, systems, cabling and facilities provided by you and used in conjunction with the Equipment that we supply to you in order to receive the Services;

  • Installed means attached or connected such that an item requires tools for removal.