Disqualified Entity definition

Disqualified Entity means at any time during the Recapture Period, an entity that is referred to in Section 50(b)(3) or 50(b)(4) of the Code, provided, that if any indirect owner owns its indirect interest through a taxable C corporation (as defined in the Code), but excluding any entity that is a “tax exempt controlled entity” defined in Section 168(h)(6)(F)(iii) of the Code, then such Person will not be deemed to be a Disqualified Entity.

Disqualified Entity shall have the meaning set forth in the Tax Equity Financing Documents.

Disqualified Entity means any person:

Examples of Disqualified Entity in a sentence

• Notwithstanding the foregoing, no Transfers shall be deemed to be a Prohibited Equity Transfer so long as Guarantor retains Control of each Restricted Party, the Minimum Equity Requirement remains satisfied following such Transfer and the transferee with respect to any such Transfer is not a Disqualified Entity.

• For a Conduct Disqualification or a DBE Disqualification under ORS 279A.110, the Disqualified Entity must notify the County in writing within three business days after receipt of the County's notice of Disqualification if the Entity intends to appeal the County's decision.

• The obligation at law (see sections 23 and 25 of the Criminal Procedure Code) is to take Mr Khan before a Magistrate "without unnecessary delay" or to release.

• The Lenders agree not to share any of the Borrower’s Information with any Disqualified Entity without the Borrower’s consent.

• A Change of Control of the Owner occurs where control is assumed by a Disqualified Entity and such change is not rectified by the Owner within thirty (30) days of notification from the Contractor requiring such rectification.

More Definitions of Disqualified Entity

Disqualified Entity means any Person identified in writing by the Borrower to the Administrative Agent prior to the Closing Date.

Disqualified Entity means, at any time prior to the date that is 5 years from the date when the last PV System owned by any Financing Fund was placed in service, an entity that is a “tax exempt entity” for purposes of Section 168(h) of the Code; provided that if any indirect owner of such entity owns its indirect interest through a taxable C Corporation (as defined in the Code), but excluding any entity that is a “tax exempt controlled entity” defined in Section 168(h)(6)(F)(iii) of the Code, then such person will not be deemed to be a Disqualified Entity. [***] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.

Disqualified Entity means, unless otherwise consented to by the Borrower, any entity (a) that is specified as a current lessor or an owner participant of a current lessor of the Borrower in a list to be provided by the Borrower and updated from time to time by the Borrower or by the Borrower at either Facility Agent’s written request as the Borrower may agree, or (b) in respect of the Senior Lenders only, that is a hedge fund.

Disqualified Entity has the meaning set forth in Section 14.12.

Disqualified Entity means (a) the United States, any state or political subdivision thereof, any possession of the United States or any agency or instrumentality of any of the foregoing; (b) any organization which is exempt from tax imposed by the Code (including any former tax-exempt organization within the meaning of Section 168(h)(2)(E) of the Code); (c) any Person who is not a “United States person” (within the meaning of Section 7701(a)(30) of the Code; (d) any Indian tribal government described in Section 7701(a)(40) of the Code; (e) any “tax-exempt controlled entity” under Section 168(h)(6)(F) of the Code; and (f) any partnership or other pass-through entity (including a disregarded entity) a direct owner of which is described in clauses (a)–(e) or this clause (f); provided, that any such Person shall not be considered a Disqualified Entity to the extent that (i) the exception under Section 168(h)(1)(D) of the Code applies with respect to the income from the Company for that Person, (ii) the Person is described within clause (c) of this definition and the exception under Section 168(h)(2)(B)(i) of the Code applies with respect to the income from the Company for that Person, or (iii) such Person avoids being a “tax-exempt controlled entity” under Section 168(h)(6)(F) of the Code by making an election under Section 168(h)(6)(F)(ii) of the Code.

Disqualified Entity means anentity that is disqualified under section 120; "disqualified person" means--

Disqualified Entity means any Person or its Affiliate, which, (a) within the past five (5) years, has (i) defaulted beyond any applicable cure period on material contract obligations, (ii) filed or otherwise been a party to voluntary or involuntary bankruptcy proceedings, or (iii) been convicted in a criminal proceeding for a felony or another crime involving moral turpitude, or (b) is not otherwise acceptable to Administrative Agent because of other regulatory limitations applicable to Administrative Agent or any Lender or by reason of background checks required by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the USA PATRIOT Act, or other “know your customer” background checks that reveal or disclose any issues objectionable to Administrative Agent or any Lender.