Excluded Agreements definition

Excluded Agreements means (i) the Warrant Agreement; and (ii) any stock purchase agreement, options, or other warrants to acquire, or agreements governing the rights of, any capital stock or other equity security, or any common stock, preferred stock, or equity security issued to or purchased by Us or Our nominee or assignee.

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Excluded Agreements means (i) any Warrant Agreement(s) executed hereunder, and any other warrants (including without limitation, the Warrant Agreement dated as of April 23, 1999) to acquire, or agreements governing the rights of the holders of, any equity security of Borrower, (ii) any stock of the Borrower issued or purchased pursuant to the Warrant Agreement, and (iii) the Master Lease Agreement dated as of April 23, 1999 between Borrower, as lessee, and Lender, as lessor, including, without limitation, any Equipment Schedules and Summary Equipment Schedules to the Master Lease Agreement executed or delivered by Borrower pursuant thereto and any other modifications or amendments thereof, whereby Borrower (as lessee) leases equipment, software, or goods from Lender (as lessor) to Borrower (as lessee).

Excluded Agreements means (i) the Warrant Agreement; and (ii) any stock purchase agreement, options, or other warrants to acquire, or agreements governing the rights of, any capital Stock or other equity security, or any common Stock, preferred Stock, or equity security issued to or purchased by Us or its nominee or assignee.

Examples of Excluded Agreements in a sentence

• This waiver extends to all such Claims, including, without limitation, Claims which involve persons or entities other than Borrower and Lender; Claims which arise out of or are in any way connected to the relationship between Borrower and Lender; and any Claims for damages, breach of contract arising out of this Agreement, any other Loan Document or any of the Excluded Agreements, specific performance, or any equitable or legal relief of any kind.

• Your execution, delivery and performance of the Promissory Notes, this Agreement, all financing statements, all other Loan Documents, and all Excluded Agreements, (i) have been duly authorized by all necessary corporate action, and (ii) will not result in the creation or imposition of any Lien upon the Collateral, other than the Liens created by this Agreement and the other related Loan Documents.

• Your execution, delivery and performance of the Promissory Notes, this Agreement, all financing statements, all other Loan Documents, and all Excluded Agreements, (i) have been duly authorized by all necessary corporate or other entity action, and (ii) will not result in the creation or imposition of any Lien upon the Collateral, other than the Liens created by this Agreement and the other related Loan Documents.

• Borrower irrevocably and unconditionally acknowledges that the Loan Agreement, the Notes, the Loan Documents, the Excluded Agreements and all other documents or instruments executed in connection therewith are in full force and effect and constitute the valid, legal and binding obligations of Borrower enforceable in accordance with their respective terms.

• The provisions of this Agreement, the other Loan Documents and the Excluded Agreements shall inure to the benefit of and be binding on Borrower and its permitted assigns (if any).

More Definitions of Excluded Agreements

Excluded Agreements has the meaning specified in paragraph (ii) in the "notwithstanding" clause at the end of Section 2.

Excluded Agreements means, except for the Purchased Agreements, each of the Agreements to which Seller is a party, including, for the avoidance of doubt, this Agreement and the rights of Seller pursuant hereto.

Excluded Agreements means (i) any non-exclusive Contract concerning “off-the-shelf” or similar software that is available on commercially reasonable terms for less than $10,000, (ii) standard non-disclosure, confidentiality and material transfer Contracts granting non-exclusive Intellectual Property Rights and entered into in the ordinary course of business, (iii) Contracts that are not material to the business and that have expired on their own terms or were terminated or can be cancelled in whole (including with respect to any licenses, covenants, or other rights to Intellectual Property Rights granted thereunder) by the Company without penalty or with thirty (30) days’ notice or less, (iv) Contracts that have expired on their own terms or were terminated and wherein all licenses, covenants, and other rights to Intellectual Property Rights granted thereunder have expired or terminated, and (v) standard purchase orders and associated terms and conditions entered into in the ordinary course of business for which the underlying goods or services have been delivered or received.

Excluded Agreements means (i) any Warrant Agreement(s) executed hereunder, and any other warrants (including without limitation, the warrant agreement dated as of March 23, 1999) to acquire, or agreements governing the rights of the holders of, any equity security of Borrower, (ii) any stock of the Borrower issued or purchased pursuant to the Warrant Agreement, and (iii) the Master Lease Agreement dated as of March 23, 1999 between Borrower, as lessee, and Lender, as lessor, including, without limitation, any Equipment Schedules and Summary Equipment Schedules to the Master Lease Agreement executed or delivered by Borrower pursuant thereto and any other modifications or amendments thereof, whereby Borrower (as lessee) leases equipment, software, or goods from Lender (as lessor) to Borrower (as lessee) (the "Comdisco Lease").

Excluded Agreements means all contracts, agreements, arrangements or other instruments entered into by or on behalf of the Transferor or AICLSB that relate to AICLSB or the Excluded Policies and any broker, distribution, agency or other third party agreements (other than the Provider Contract Indemnities);

Excluded Agreements shall have the meaning set forth in Section 2.4.(F) below.

Excluded Agreements means (a) Leases entered into in compliance with this Agreement, (b) agreements regarding any Sale or Pledge that does not constitute a Prohibited Transfer in connection with which Borrower has no payment obligations, (c) agreements constituting Permitted Encumbrances that were recorded as of the Closing Date, (d) the Management Agreement, (e) agreements regarding the sale of the Property, so long as the Loan will be repaid in full in connection with any sale of the Property and in connection with which Borrower has no payment obligations prior to the sale of the Property and (f) agreements regarding the sale of the 11600 Property and/or the 11620 Property to an independent third party in connection with any partial prepayment of the Loan and/or a Partial Defeasance Event, in each case in accordance with the terms and conditions hereof, and in connection with which Borrower has no payment obligations prior to the sale of the applicable Individual Property.