Excluded Portion definition

Excluded Portion has the meaning given to that term in the definition of “Mixed-Use Project”.
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Excluded Portion means all or any identified portion of the Prexy Segment, the Virginia Segment or the Jointly Owned Segment with respect to which the Borrower has certified, and the Independent Engineer has confirmed, (a) that the completion of such portion is not necessary to make any other portion of the Project (other than another Excluded Portion) Used and Useful; provided that, if the Borrower identifies the Jointly Owned Segment as an Excluded Portion, then the Virginia Segment shall not be subject to the requirement that it be Used and Useful, (b) that the failure by the Borrower to complete construction of such portion of the Project on or before the seventh anniversary of the Closing Date could not reasonably be expected to have a material adverse effect upon the business, operations, properties, assets or condition (financial or otherwise) of the Borrower and (c) as to (i) the aggregate amount of Loan proceeds that have been applied with respect to such Excluded Portion and (ii) if the Jointly Owned Segment is designated as an Excluded Portion, the aggregate amount of Loan proceeds that have been applied to any portion of the Proposed Virginia Segment (except to the extent such portion of the Proposed Virginia Segment is used as part of the Alternate Virginia Segment) (such amount, the “Excluded Portion Loan Amount”).
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Excluded Portion has the meaning given to such term in Section 4.1;
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Examples of Excluded Portion in a sentence

  • The amount to be subject to an Investment Change may be determined as a dollar amount or a percentage of the Participant's Dollar-Denominated Account (excluding the Excluded Portion); provided, however, that no less than five thousand dollars ($5,000) may be made subject to an Investment Change.

  • If Buyer so terminates the Purchase Agreement as to an Excluded Portion, Seller shall refund the portion of the Deposit attributable to such Excluded Portion, without interest, and the Purchase Price shall be reduced in proportion to the surface area of the Excluded Portion to the surface area of the entire tract.

  • In order to exercise Buyer's option to terminate, Buyer must deliver to Seller within five (5) days after the end of the Title Examination Period, or any allowed extension thereof, (i) written notice of Buyer's decision to so terminate the Purchase Agreement as to the Excluded Portion, and (ii) a written certificate from an independent environmental consulting firm stating that material environmental liabilities exist on the Excluded Portion.

  • Pages 20-21) 2.2.2 Minutes of the Public Excluded Portion of the Westland District Council Ordinary Meeting held on 30 October 2014.

  • A represents that the Facility was placed in service within the meaning of section 29(g)(1)(A) before July 1, 1998.

  • Pursuant to Public Law 25-178 the GALC on May 8, 2003, issued a Written Determination recognizing the HEIRS of Ancestral Landowner Jose Villagomez as rightful owners of Lot P15.2, Yigo (Recorded under Instrument No. 676092) as referenced in Civil Case No. 27-50 (See Attachment B – Excluded Portion).

  • Chaebol , Unions, and the Profitability of Korean Firms Before and After the Crisis.

  • U.C. Sharma: President, U.P. Library Association, 2013-2016.Department of Fine Arts and Performing Arts• Dr. Lalit Mohan : Chhatrasal Award, Shri Chhatrasal Bundel Marsal Arts Academy Sep.

  • On or prior to the Closing Date, PWR shall transfer certain assets identified on Schedule 5.9 (together with the Excluded Portion of the DeSoto Facility and the Canoga Park Facility, the “ Excluded PWR Assets”) to the Seller or an Affiliate of the Seller, and shall take all other actions which, in the reasonable discretion of the Seller, are necessary to carry out the foregoing transfers.


More Definitions of Excluded Portion

Excluded Portion means solely to the extent included in the determination of Net Income for such period, that portion of the PPP Loan expended by Borrower for Qualifying Expenses incurred during the fourth quarter of fiscal year 2020 of up to $1,699,820.00. 
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Excluded Portion shall have the meaning set forth in Section 2A.3(c) herein.
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Excluded Portion means at any time (i) the portion of the Aggregate Revolving Debt Exposure in excess of the Maximum Revolving Availability (such excess, the "Excluded Principal"); provided, that, the amount set forth in this clause (i) shall not include that portion of the Aggregate Revolving Debt Exposure that exceeds the Maximum Revolving Availability solely as a result of (A) a decline in the value of any Collateral, (B) any act or omission of the Borrower in violation of any Financing Agreement, (C) any other similar circumstance not caused by Agent or any Lender, (D) the imposition of any Availability Reserve by Agent, and (E) the charging to any loan account of Borrower maintained pursuant to this Agreement of regularly scheduled interest, fees, costs, expenses and other charges (provided that if any of the events described in clauses (A) through (E) above result in negative Net Availability, any additional Loans or Letter of Credit Accommodations provided by Agent and/or Lenders during such period while Agent has actual knowledge of negative Net Availability shall not be deemed excluded from the calculation of Excluded Principal); and (ii) any interest, charges, fees, costs, indemnities and expenses with respect to the Excluded Principal described in clause (i) of this definition.
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Excluded Portion means, collectively, any accrued and unpaid default interest as of the Filing Date provided for under subsection 1.2(C) of the Pre-Petition Loan Agreement or prepayment premiums as provided for under subsection 1.5(A) of the Pre-Petition Loan Agreement.
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Excluded Portion means, at any time, (i) the portion of the Aggregate Principal Exposure in excess of the Maximum WC Debt, provided that, the amount set forth in this clause (i) shall not include that portion of the Aggregate Principal Exposure that exceeds the Maximum WC Debt solely as a result of (A) a decline in the value of any Collateral, (B) any act or omission of any Obligor in violation of any Working Capital Loan Document, or (C) any other similar circumstance not caused by the Working Capital Agent or the Working Capital Lenders, provided that, if any of the events described in clauses (A) through (C) above result in the Aggregate Principal Exposure exceeding the Maximum W/C Debt, any additional loans, letter of credit accommodations or other financial accommodations provided by the Working Capital Agent or the Working Capital Lenders during such period while the Working Capital Agent has knowledge that the Aggregate Principal Exposure exceeds the Maximum W/C Debt shall not be excluded from the Excluded Portion, (ii) interest, charges, fees, costs, indemnities and expenses with respect to the portion of the Aggregate Principal Exposure described in clause (i) of this definition, and (iii) any early termination fee, prepayment fee or other similar fee payable pursuant to the Working Capital Loan Agreement, except to the extent such early termination fee, prepayment fee or other similar fee is payable to the Working Capital Lenders pursuant to Section 4(c) hereof. The amount of the Excluded Portion shall be determined on the date of the occurrence of a Release Event, immediately prior to the occurrence of such Release Event.
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Excluded Portion shall have the meaning set forth in Section 3.03.
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Related to Excluded Portion

  • Closed portion means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also “active portion” and “inactive portion”.)

  • Vested Portion means, at any time, the portion of an Option which has become vested, as described in Section 3 of this Agreement.

  • Excluded Issuance means an issuance and sale of Qualified Capital Stock of Holdings, to the extent such Qualified Capital Stock is used, or the Net Cash Proceeds thereof shall be, within ninety (90) days of the consummation of such issuance and sale, used, without duplication, to finance Capital Expenditures or one or more Permitted Acquisitions.

  • Inactive portion means that portion of a facility which is not operated after November 19, 1980. See also "active portion" and "closed portion".

  • Excluded Property shall have the meaning set forth in the Security Agreement.

  • Unused Portion has the meaning assigned to that term in Section 2.09(a).

  • Excluded Amount For any Payment Date on or after the occurrence of an Amortization Event, the portion of the balance with respect to each HELOC attributable to all Draws not transferred to the Trust, and the portion of the Principal Collections (other than Net Liquidation Proceeds to the extent that the Excluded Amount of Liquidation Proceeds is not included in Net Liquidation Proceeds) and Interest Collections thereon for each Collection Period allocated to such Excluded Amount based on a pro rata allocation between the related Excluded Amount and the Loan Balance in proportion to the respective amounts outstanding as of the end of the calendar month preceding such Collection Period.

  • Excluded Day shall have the meaning set forth in Section 2.3.1(b).

  • Permitted Transaction means any transaction involving (i) a Swap that is not a Required Transaction or (ii) a Required Transaction that is a component of a Covered Package Transaction.

  • Excluded Real Property means (a) any fee-owned real property with a purchase price (in the case of real property acquired after the Effective Date) or Fair Market Value (in the case of real property owned as of the Effective Date, with Fair Market Value determined as of the Effective Date) of less than $3,500,000 individually, (b) any real property that is subject to a Lien permitted by Sections 6.02(iv), (xix), (xxii), (xxiii), (xxviii) or (xxxi), (c) any real property with respect to which, in the reasonable judgment of the Term Administrative Agent (confirmed by notice to the Borrower) the cost (including as a result of adverse tax consequences) of providing a Mortgage shall be excessive in view of the benefits to be obtained by the Lenders, (d) any real property to the extent providing a mortgage on such real property would (i) be prohibited or limited by any applicable law, rule or regulation (but only so long as such prohibition or limitation is in effect), (ii) violate a contractual obligation to the owners of such real property (other than any such owners that are the Borrower or Affiliates of the Borrower) that is binding on or relating to such real property (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code) but only to the extent such contractual obligation was not incurred in anticipation of this provision or (iii) give any other party (other than the Borrower or a wholly-owned Restricted Subsidiary of the Borrower) to any contract, agreement, instrument or indenture governing such real property the right to terminate its obligations thereunder (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code or other applicable law) and (e) any Leasehold.

  • Available Excluded Contribution Amount means the aggregate amount of Cash or Cash Equivalents or the fair market value of other assets (as determined by the Borrower in good faith, but excluding any Cure Amount) received (or deemed received) by the Borrower or any of its Restricted Subsidiaries after the Closing Date from:

  • Excluded Cash means, as of any date, (a) any cash or cash equivalents allocated for, reserved or otherwise set aside to pay royalty obligations, working interest obligations, vendor payments, suspense payments, similar payments as are customary in the oil and gas industry, severance and ad valorem taxes, payroll, payroll taxes, other taxes, employee wage and benefit payments and trust, fiduciary, or other obligations of the Credit Parties then due and owing (or to be due and owing within five (5) Business Days) and for which the Credit Parties have issued checks or has initiated wires or ACH transfers (or, in such Credit Parties’ discretion, will issue checks or initiate wires or ACH transfers within five (5) Business Days) in order to pay, (b) any cash or cash equivalents allocated for, reserved or otherwise set aside to pay other amounts due and owing as of such date (or to be due and owing within five (5) Business Days) to Persons who are not Affiliates of the Credit Parties, (c) any cash or cash equivalents of the Credit Parties constituting pledges and/or deposits securing any binding and enforceable purchase and sale agreement with any Persons who are not Affiliates of the Credit Parties, in each case to the extent permitted by this Agreement, (d) any cash or cash equivalents of any Credit Party to be used by such Credit Party within five (5) Business Days to pay the purchase price for any acquisition of any assets or property by such Credit Party pursuant to an executed and binding agreement between such Credit Party and a third-party seller that is not an Affiliate of such Credit Party (to the extent such acquisition is permitted by this Agreement), (e) any cash collateral account in respect of letters of credit permitted under this Agreement, (f) any cash required to be applied to any mandatory prepayment of the Revolving Loans pursuant to Section 2.10(a), as applicable, and (g) to the extent not otherwise included in the preceding clauses (a) through (f), any cash contained in any Excluded Accounts (other than such Excluded Accounts referred to clause (g) in the definition thereof).

  • Excluded Debt means (i) intercompany Indebtedness between or among the Borrower and any of its Subsidiaries, (ii) credit extensions under the Existing Credit Agreement and the Existing Securitization Facility, (iii) (x) credit extensions under any Indebtedness of any Subsidiary of the Borrower arising from cash pooling and related overdraft arrangements in the ordinary course of business and (y) credit extensions under any Indebtedness of any Subsidiary of the Borrower set forth on Schedule 1.01 (for the avoidance of doubt, excluding debt securities and syndicated credit facilities) and any refinancing, renewal, refunding, extension or replacement thereof (in each case, except to the extent constituting Indebtedness of the Borrower (other than a Guarantee by the Borrower) and excluding debt securities and syndicated credit facilities) in an aggregate principal amount not to exceed the refinanced, renewed, refunded, extended or replaced funded amount thereof plus accrued and unpaid interest or premiums thereon and fees and expenses incurred in connection therewith plus (without duplication) an amount equal to any commitment unutilized thereunder and (iv) other Indebtedness (other than debt securities and syndicated credit facilities) not included in clauses (i), (ii) and (iii) above in an outstanding aggregate principal amount not to exceed $150,000,000; provided, further, in no event shall any Indebtedness (other than credit extensions pursuant to immediately preceding clause (ii)) which gives effect (whether in whole or in part) to the refinancing, renewal, refunding, extension or replacement of the Borrower’s existing 6.625% Notes due 2016 constitute “Excluded Debt”.

  • Excluded Stock means:

  • Excluded Equity means any Voting Stock in excess of 66% of the total outstanding Voting Stock of any direct Subsidiary of any Grantor that is a Non-U.S. Person. For the purposes of this definition, “Voting Stock” means, as to any issuer, the issued and outstanding shares of each class of capital stock or other ownership interests of such issuer entitled to vote (within the meaning of Treasury Regulations § 1.956-2(c)(2)).

  • Excluded Transfer means any transfer of VRDP Shares (1) to a TOB Trust in which BANA and/or its Affiliates collectively own all of the residual interests, (2) in connection with a distribution in-kind to the holders of securities of or receipts representing an ownership interest in any TOB Trust in which BANA and/or its Affiliates collectively own all of the residual interests, (3) in connection with a repurchase financing transaction or (4) relating to a collateral pledge arrangement.

  • Disposition Date shall have the meaning ascribed thereto in Subsection 5.1(d);

  • Excluded Obligations has the meaning set forth in Section 2.5.

  • Excluded Transaction means any transaction in which assets are transferred to: (A) a shareholder of the Company (determined immediately before the asset transfer) in exchange for or with respect to its stock; (B) an entity, fifty percent (50%) or more of the total value or voting power of which is owned, directly or indirectly, by the Company (determined after the asset transfer); (C) a Person, or more than one Person Acting as a Group, that owns, directly or indirectly, fifty percent (50%) or more of the total value or voting power of all the outstanding stock of the Company (determined after the asset transfer); or (D) an entity at least fifty percent (50%) of the total value or voting power of which is owned, directly or indirectly, by a Person described in clause (C) (determined after the asset transfer).

  • Excluded Issuances means any issuance or sale (or deemed issuance or sale in accordance with Section 4(c)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; or (b) shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options to directors, officers, employees, or consultants of the Company in connection with their service as directors of the Company, their employment by the Company or their retention as consultants by the Company, in each case authorized by the Board and issued pursuant to the Company’s Amended and Restated 2018 Stock Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date), so long as the exercise price in respect of any Options is not less than the Fair Market Value of the Common Stock as of the date such Option is issued.

  • Applicable Par Call Date means, (i) with respect to the 2031 Notes, September 15, 2031 (three months prior to the stated maturity date of such 2031 Notes) and (ii) with respect to the 2051 Notes, June 15, 2051 (six months prior to the stated maturity date of such 2051 Notes).

  • Excluded Shares has the meaning set forth in Section 2.1(b).

  • Excluded Asset means any asset of any Grantor excluded from the security interest hereunder by virtue of Section 2.2 hereof but only to the extent, and for so long as, so excluded thereunder.

  • Excluded Properties the collective reference to the fee or leasehold interest in real properties owned by the Parent Borrower or any of its Subsidiaries not described in Schedule 5.8.

  • Applicable Portion means, with respect to any holder of shares of Preferred Stock, a number of shares of Preferred Stock calculated by multiplying the aggregate number of shares of Preferred Stock held by such holder immediately prior to a Qualified Financing by a fraction, the numerator of which is equal to the amount, if positive, by which such holder’s Pro Rata Amount exceeds the number of Offered Securities actually purchased by such holder in such Qualified Financing, and the denominator of which is equal to such holder’s Pro Rata Amount.

  • Acquisition Period means any period commencing on the date that a Material Acquisition is consummated through and including the last day of the second full fiscal quarter following the date on which such acquisition is consummated; provided that there shall be at least one full fiscal quarter between any two Acquisition Periods.