Excluded Issues definition

Excluded Issues means the following issues of securities of the Purchaser: (i) the grant or exercise of equity incentives and other similar issuances in the nature of compensation pursuant to an approved equity incentive plan of the Purchaser; (ii) the exercise of options, warrants or other rights to subscribe for, purchase or otherwise acquire any Purchaser Shares, which options, warrants or other rights are outstanding as at the date hereof; (iii) the fulfillment of contractual obligations of the Purchaser existing as at the date hereof; or (iv) the issuance of securities in connection with arm’s length acquisitions of non- cash assets, including as property option payments.

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Excluded Issues means (i) securities issued in connection with an acquisition for fair market value approved by the Board and a Special Majority, as determined by the Board in good faith, (ii) any other issuance of securities approved by the Board and a Special Majority, (iii) any securities acquired by Barnabus pursuant to the Warrant or otherwise; or (iv) any securities pursuant to an Approved Incentive Plan.

Excluded Issues means the following issues of securities of the Issuer: (i) the grant or exercise of equity incentives and other similar issuances in the nature of compensation pursuant to an approved equity incentive plan of the Issuer; (ii) the exercise of options, warrants or other rights to subscribe for, purchase or otherwise acquire any Common Shares, which options, warrants or other rights are outstanding as at the date hereof; (iii) the fulfillment of contractual obligations of the Issuer existing as at the date hereof; or (iv) the issuance of securities in connection with arm’s length acquisitions of non-cash assets, including as property option payments.

Examples of Excluded Issues in a sentence

• Excluded Issues: Workers’ compensation benefit claims, any claim involving the construction or application of a benefit plan covered by the Employee Retirement Income Security Act (ERISA) (these types of claims may be arbitrable under the applicable ERISA plan and are governed by the plan documents for such plan), and claims for unemployment benefits are excluded from this agreement to arbitrate.

• If the Officers are unable to reach consensus within thirty (30) Business Days after the matter has been referred to them, except for Excluded Issues under Section 3.06(c), the final decision will be made by a mutually acceptable Third Party arbitrator.

• Addressing or resolving such Excluded Issues may require a Customer to purchase additional services from the Company or other third parties.

• It is the Customer’s responsibility to preiodically review the list of Excluded Issues.

• The Company may update the list of Excluded Issues from time to time at its discretion, without need to provide notice.

• Harmonic’s obligation to provide Support under this SLA does not include support services for any Excluded Issues (defined below).

More Definitions of Excluded Issues

Excluded Issues means the matters set out in Part L; Final means, in relation to a notice, order or requirement that it is binding and is either not capable of appeal, review or challenge, or there is no reasonable prospect of a successful appeal, review or challenge; Former Sites means any property not owned, occupied or used in connection with the Company, but formerly so owned, occupied or used (excluding the part of the System 97 benzene pipeline between the North Tees Site and the Wilton Site which is the subject of an asset purchase agreement due to be completed on or prior to 2006 Completion), and including in connection with the businesses of the Company as they may have been carried on at any time prior to 2006 Completion and any predecessor of any such businesses;