Excess Equipment definition

Excess Equipment is defined in Section 11.4 hereof.

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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 Sellers’ Disclosure 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

Excess Equipment is defined as a ratio of Equipment to Active Participants of less than 1:50 when more than 1 (one) unit of Equipment is furnished (examples: 1:49 or 1:30).
Excess Equipment is defined as a ratio of Equipment to Active Participants of less than 1:25 when more than 1 (one) unit of Equipment is furnished (examples: 1:18 or 1:21).
Excess Equipment is defined as a ratio of Equipment to Active Participants of less than 1:30 when more than 1 (one) unit of Equipment is furnished (examples: 1:30 or 2:60).
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.
Excess Equipment is defined as any equipment that exceeds the equipment allocation pursuant to the Guidelines for Equipment allocation described above and in the contract between Conduent and the State of Louisiana.
Conduent reserves the right to remove Excess Equipment on demand during Provider’s normal business hours.
Excess Equipment is defined as any equipment that exceeds the equipment allocation pursuant to the Guidelines for Equipment allocation described above and in the contract between XEROX and the State of Louisiana.
Lender is agreeable to such request provided, that (i) no Default (other than Existing Defaults) shall have occurred and be continuing, (ii) the sale of any such Excess Equipment is on terms and conditions satisfactory to Lender and (iii) the net cash proceeds of any sale of such Excess Equipment shall be remitted to Lender to be applied in accordance with Section 1.2(c) of the Loan Agreement.
If on August 31, 2007 an Excess Equipment B Advance exists, then Borrowers shall immediately pay the amount of such excess to Bank.
Licensee will hold Licensor harmless from, and shall indemnify Licensor against, any liability due to the New York State Department of Taxation and Finance, Sales Tax Division, or such other taxing authority pursuant to the use of the Medical Office Space, Excess Personnel and/or Excess Equipment to Licensee's sublicensees pursuant to this Agreement.

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.