Excess Portion definition

Excess Portion has the meaning set forth in Section 7.06(d).

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Excess Portion means, as of the Cut-Off Date immediately preceding any Offer Date, the portion by which the Outstanding Principal Amount of any Receivable offered by the Seller to the Purchaser on such Offer Date would, together with (i) the Aggregate Outstanding Principal Amount of all other Receivables offered by the Seller to the Purchaser on such Offer Date and (ii) the Aggregate Outstanding Principal Amount of all Purchased Receivables as of the Cut-Off Date immediately preceding such Offer Date, exceed the Maximum Purchase Amount;

Excess Portion has the meaning set forth in Section 5(c).

Examples of Excess Portion in a sentence

Midland may, at its option, sell or pledge the rights to the "Transferable Portion" (as hereinafter defined) of its Master Servicing Fee; provided that in the event of any resignation or termination of Midland (or any successor thereto) as Master Servicer, the rights of Midland or any transferee of such Transferable Portion shall terminate (except for the right to receive the Excess Portion (as defined below), if any, on any Distribution Date as set forth in the penultimate sentence of this paragraph).
The Bank agrees to direct the Depositary Bank and the Collateral Agent to pay the Excess Portion of the Principal Payment to the Borrower in accordance with, but subject to, the foregoing sentence.
For purposes of clarification, the parties hereto acknowledge that any prepayment premium due in connection with a Structure Asset Sale which qualifies as or results in a Change in Control shall not be limited by any Excess Portion calculation and shall be treated as a Change in Control for purposes of the foregoing paragraph.
Notwithstanding the foregoing, CBSB shall use commercially reasonable efforts to satisfy the Excess Portion of any Firm Order, but in no event will failure to satisfy such Excess Portion constitute a breach of this Agreement.
The provisions set forth in this Article VI related to sharing of Contingent Gains, Contingent Liabilities and the Excess Portion of any Exclusive Liability shall terminate on the third anniversary of the Distribution Date except for (i) any claim or action pending or asserted by either party on or prior to such termination, or (ii) any claim or action related to any matter that has a statute of limitations that extends beyond such termination date.

More Definitions of Excess Portion

Excess Portion has the meaning specified in Section 6.1.

Excess Portion means with respect to any Receivable, the Eligible Life Contingent Payments of such Receivable scheduled to occur after [*] years of the Purchase Date of such Receivable; provided, that, with respect to an Existing Receivable, “Excess Portion” shall mean the Eligible Life Contingent Payments of such Receivable scheduled to occur after [*] years of the Original Purchase Date of such Receivable.

Excess Portion is defined in Section 6.2.5.

Excess Portion means that portion, if any, of the aggregate Value of all amounts actually paid by AT&T, Lucent or NCR (in each case, together with any members of its respective Group), in respect of any single Exclusive Contingent Liability of such Group or any Related Exclusive Contingent Liabilities of such Group that is in excess of $100 million. (e) EXCLUSIVE AT&T CONTINGENT GAIN means any Contingent Gain if such Contingent Gain primarily relates to any AT&T Services Business, including the matters listed or described on Schedule 6.1(e) hereto, or if such Contingent Gain is expressly assigned to AT&T pursuant to this Agreement or any Ancillary Agreement.

Excess Portion means that portion, if any, of the aggregate amount actually paid by Agilent (together with any members of the Agilent Group), in respect of any single Agilent Contingent Liability or any Related Agilent Contingent Liabilities that is in excess of $50 million.

Excess Portion shall have the meaning assigned to such term in the definition of “Structure Asset Sale”.

Excess Portion means, with respect to any distributions and dividends, the portion thereof, if any, resulting from proceeds from asset dispositions or non-recourse financings in excess of the original cost of the underlying asset and capitalized improvements thereto (determined under generally accepted accounting principles, without reduction for depreciation). The Excess Portion for each Withheld Distribution shall be determined by CPJ and approved in good faith by its Board of Directors. Upon such approval, Pledgor shall accept such determination and the same shall be deemed final, unless there is manifest error or the approval by the Board of Directors of CPJ was not done in good faith.