Excluded Asset Dispositions definition

Excluded Asset Dispositions means (a) any Asset Disposition by any Credit Party to the Borrower or any Guarantor if, after giving effect to such Asset Disposition, no Default or Event of Default exists, (b) the liquidation of Cash Equivalents for the account of the Borrower, (c) the disposition of worn out, damaged or obsolete tangible assets, so long as the fair market value (based on the good faith judgment of the Borrower without the requirement of a third party appraisal) of all property disposed of pursuant to this clause (c) does not exceed $1,000,000 in the aggregate in any fiscal year, and (d) Asset Dispositions in the nature of non-material Casualties that do not result in insurance proceeds or damage to Collateral in excess of $1,000,000 in the aggregate in any fiscal year.

Excluded Asset Dispositions means (a) sales of assets among Holdings, the Borrowers and their Subsidiaries and (b) any other Asset Dispositions yielding Net Available Proceeds (calculated as if such Asset Disposition was not an Excluded Asset Disposition) in an aggregate amount for all Asset Dispositions under this clause (b) not to exceed $2,000,000,000.

Excluded Asset Dispositions means the Company's (a) fee simple sale or sale and leaseback pursuant to an operating lease of (i) the Company's headquarters, consisting of two buildings with a common address of 0000 Xxxxxxxxxx Xxxxx and 0000 Xxxxxxxxxx Xxxxx, xxxxxxxxxxxx, xx Xxx Xxxxx, Xxxxxxxx and (ii) retail support centers located in Hanover, Maryland, Huntersville, North Carolina and Rocklin, California only; (b) sale or other disposition of its stock ownership in OurHouse, Inc.; (c) sales of retail locations owned by the Company if and only if the cash proceeds of such sale received by the Company equal or exceed the Company's net investment in each such sold retail location; and (d) sales or transfers of its entire ownership position in any joint venture in which the Company is an investor if and only if the cash proceeds of such sale received by the Company equal or exceed the Company's net investment in such joint venture.

Examples of Excluded Asset Dispositions in a sentence

• Within ninety (90) days after the end of each fiscal year of the Borrower, a certificate containing information regarding the amount of Net Cash Proceeds from Asset Dispositions (other than Excluded Asset Dispositions), Debt Issuances and Equity Issuances that were made during the prior fiscal year.

• Immediately upon the occurrence of any Asset Disposition (other than Excluded Asset Dispositions), the Borrower shall prepay the Loans in an aggregate amount equal to 100% of the Net Cash Proceeds of the related Asset Disposition.

• Within 90 days after the end of each fiscal year of the Borrower, a certificate containing information regarding (i) the calculation of Excess Cash Flow for the prior fiscal year and (ii) the amount of Net Cash Proceeds from Asset Dispositions (other than Excluded Asset Dispositions), Debt Issuances (other than Excluded Debt Issuances) and Equity Issuances (other than Excluded Equity Issuances) that were made during the prior fiscal year.

• Within 90 days after the end of each fiscal year of the Borrower, a certificate containing information regarding the amount of Net Cash Proceeds from Asset Disposition (other than Excluded Asset Dispositions), Debt Issuances (other than Excluded Debt Issuances) and Equity Issuances (other than Excluded Equity Issuances) that were made during the prior fiscal year.

• Triarc shall cause RTMRG promptly to remit to the RTM Representatives for distribution to the RTMRG Shareholders any proceeds received by RTMRG or any of its Subsidiaries after the Closing in respect of any Excluded Asset Dispositions.

More Definitions of Excluded Asset Dispositions

Excluded Asset Dispositions include (a) Dispositions of assets and property, including inventory, in the ordinary course of business, (b) Dispositions of depreciated or obsolete equipment in the ordinary course of business, (c) sales, transfers and assignments effected pursuant to a Permitted Securitization Transaction, (d) Dispositions of tangible or intangible assets or property of any kind from a Borrower or Restricted Subsidiary to another Borrower or Restricted Subsidiary, (e) Dispositions of Cash Equivalents and (f) issuances of securities;

Excluded Asset Dispositions means Asset Dispositions to the extent that the net proceeds thereof are applied to the prepayment, purchase or redemption of outstanding Senior Debt of the Company or its Subsidiaries. Any such prepayment, purchase or redemption made by the Company shall be made ratably to the holders of all outstanding Senior Debt of the Company and its Subsidiaries."

Excluded Asset Dispositions means with respect to the Borrower:

Excluded Asset Dispositions means the real property owned by the --------------------------- Borrower and commonly known as 00 Xxxxxx Xxxxxx X.X., Xxxxx Xxxxxx, XX 00000, and any private placement of equity or debt securities of any E- Commerce Subsidiary.

Excluded Asset Dispositions means (a) any Asset Disposition by any Credit Party to the Borrower or any Guarantor if (i) the Credit Parties shall cause to be executed and delivered such documents, instruments and certificates as the Agent may request so as to cause the Credit Parties to be in compliance with Section 6.12 after giving effect to such Asset Disposition and (ii) after giving effect to such Asset Disposition, no Default or Event of Default exists, (b) the liquidation of Cash Equivalents for the account of the Borrower, (c) the disposition of worn-out, damaged or obsolete tangible assets, so long as the fair market value (based on the good faith judgment of the Borrower without the requirement of a third party appraisal) of all property disposed of pursuant to this clause (c) does not exceed $250,000 in the aggregate in any fiscal year, and (d) Asset Dispositions in the nature of non-material Casualties that do not result in insurance proceeds or damage to Collateral in excess of $250,000 in the aggregate in any fiscal year.

Excluded Asset Dispositions means with respect to any Credit Party and its Subsidiary:

Excluded Asset Dispositions means, collectively (or individually as the context may indicate), (i) the sale of certain assets of Primedica Healthcare, Inc. pursuant to the terms of that certain Consent Letter dated April 16, 1998, and (ii) the sale of the furniture, equipment and medical supplies of the primary care and rheumatology practice located at 0000 Xxxxx Xxxxxx Xxxxxx, #000, Xxxxx, Xxxxxxx pursuant to the terms set forth in the Sheridan Healthcare, Inc. Memorandum dated April 17, 1998.