Excluded Foreign Subsidiaries definition

Excluded Foreign Subsidiaries any Foreign Subsidiary in respect of which either (i) the pledge of all of the Capital Stock of such Subsidiary as Collateral or (ii) the guaranteeing by such Subsidiary of the Obligations, would, in the good faith judgment of the Borrower, result in adverse tax consequences to the Borrower.

Excluded Foreign Subsidiaries means Foreign Subsidiaries of the U.S. Borrower organized in Qualified Non-U.S. Jurisdictions and listed on Part B of Schedule XIII; provided that any Foreign Subsidiary listed on Part B of Schedule XIII which merges or consolidates with or into any other Foreign Subsidiary of the U.S. Borrower that is a Qualified Obligor organized in the jurisdiction of organization of such listed Foreign Subsidiary shall cease to be an “Excluded Foreign Subsidiary” for purposes of this Agreement.

Excluded Foreign Subsidiaries means, at any time, any Foreign Subsidiary that is (or is treated as) for United States federal income tax purposes either (a) a corporation or (b) a pass-through entity owned directly or indirectly by another Foreign Subsidiary that is (or is treated as) a corporation.

Examples of Excluded Foreign Subsidiaries in a sentence

• At that point in time, the PMO will inform the TSP that its approval to participate in CHAMP/XTOS is hereby revoked and the TSP’s rate offers on file with CHAMP/XTOS are removed permanently from the TMSS database.

• The DIP Orders shall include language providing that the DIP Claims shall be satisfied from the proceeds, product, offspring, profits or value of Unencumbered Property (which shall include, among other things, all of the unencumbered capital stock and stock equivalents of the Debtors’ Excluded Foreign Subsidiaries) to the fullest extent possible prior to use of the prepetition Collateral to satisfy such obligations.

• Designated Borrowers that are Excluded Foreign Subsidiaries or are Foreign Holding Companies shall have no liability for the Obligations of the Company or of any other Designated Borrowers.

• Borrower shall not permit, at any time, the total amount of cash and cash equivalents held by all Excluded Foreign Subsidiaries to exceed $250,000 (or the equivalent thereof in any foreign currency), in the aggregate when combined with all amounts held in Excluded Accounts pursuant to Section 5.14(b)(iii); provided, however, that nothing in this Section 5.17(a) shall require an Excluded Foreign Subsidiary to make any Distribution that would be prohibited by applicable Law.

• To the extent at any time after the date hereof, the Borrower is no longer prohibited by the Senior Discount Note Indenture or the Senior Note Indenture, cause each Subsidiary (other than Excluded Foreign Subsidiaries) to execute and deliver to the Administrative Agent a guarantee, in form and substance reasonably satisfactory to the Administrative Agent, of the Obligations hereunder (each such guarantee, a "Guarantee").

More Definitions of Excluded Foreign Subsidiaries

Excluded Foreign Subsidiaries. (a) any Foreign Subsidiary and (b) any FSHCO.

Excluded Foreign Subsidiaries any Foreign Subsidiary in respect of which either (a) the pledge of all of the Capital Stock of, or any Property of, such Subsidiary as Collateral or (b) the guaranteeing by such Subsidiary of the Obligations, would, in the good faith judgment of Holdings, result in adverse tax consequences to Holdings or Parent. Any Subsidiary that Guarantees Indebtedness under any Indenture shall not be an Excluded Foreign Subsidiary.

Excluded Foreign Subsidiaries any Foreign Subsidiary which is a “controlled foreign corporation” under Section 957 of the Code.

Excluded Foreign Subsidiaries any Foreign Subsidiary in respect of which (a) no election has been made by the Borrower to treat such Foreign Subsidiary as a branch for United States tax purposes or (b) total net assets of such Foreign Subsidiary (as shown on the most recent balance sheet of such Foreign Subsidiary delivered to the Agents) aggregates an equivalent of $5,000,000 or less. Any Foreign Subsidiary which is owned by another Subsidiary that constitutes an Excluded Foreign Subsidiary pursuant to clause (a) of the foregoing sentence shall be an Excluded Foreign Subsidiary.

Excluded Foreign Subsidiaries means, collectively, CMC XX Xxxxx d.o.o., CMC Commercial Metals de Mexico S. de. X.X. de C.V., Steel Products de Mexico S. de C.V., CMC Commercial Metals (Cyprus) Ltd. and CMC GH, Ltd.

Excluded Foreign Subsidiaries means one or more Foreign Subsidiaries which, together with all their Subsidiaries, have either assets, combined revenues from operations or combined income from continuing operations that exceeded 5% of the combined assets, combined revenues from operations or combined income from continuing operations of Holdings and its Subsidiaries, taken as a whole, for any Fiscal Year.

Excluded Foreign Subsidiaries means, at any time, any Foreign Subsidiary that is (or is treated as) for United States federal income tax purposes either (a) a corporation or (b) a pass-through entity owned directly or indirectly by another Foreign Subsidiary that is (or is treated as) a corporation; provided that (i) none of NRG Mid-Atlantic, NRG Northeast or NRG South Central or any of their respective subsidiaries may at any time be an Excluded Foreign Subsidiary and (ii) notwithstanding the foregoing, the following entities will be deemed to be “Excluded Foreign Subsidiaries”: Sterling Luxembourg (No. 4) S.a.r.l., Tosli Acquisition BV, NRGenerating Luxembourg (No. 6) S.a.r.l., NRGenerating Holdings (No. 4) GmbH (only for so long as such entity shall remain a direct subsidiary of NRG International LLC and shall have no assets other than those owned on the Closing Date), NRGenerating Holdings (No. 3) Gibraltar, NRGenerating Holdings (No. 23) BV, NRG Pacific Corporate Services Pty Ltd., NRGenerating III (Gibraltar), NRGenerating IV (Gibraltar), Coniti Holding BV (only for so long as such entity shall own no assets other than the Equity Interests in Tosli (Gibraltar) BV) and Tosli (Gibraltar) BV (only for so long as such entity shall own no assets). The Excluded Foreign Subsidiaries on the Restatement Date are set forth on Schedule 1.1(a).