Excluded Items means any items which the Committee determines shall be excluded in fixing Performance Goals, including, without limitation, any gains or losses from discontinued operations, any extraordinary gains or losses and the effects of accounting changes.
Excluded Items means any gains or losses from the sale of assets outside the ordinary course of business; any gains or losses from discontinued operations; any extraordinary gains or losses; the effects of accounting changes; any unusual, nonrecurring, transition, one-time or similar items or charges; the diluted impact of goodwill on acquisitions; and any other items specified by the Administrator; provided that, for Awards intended to qualify as performance-based compensation under Code Section 162(m), the Administrator shall specify the Excluded Items in writing at the time the Award is made unless, after application of the Excluded Items, the amount payable under the Award is reduced.
Examples of Excluded Items in a sentence
Introducing contingency based on suspected cases becoming actual cases and escalating measures to prevent contagionNote: Allowable Costs exclude Excluded Items and non Covid-19 specific costs.
More Definitions of Excluded Items
Excluded Items means any gains or losses from the sale of assets outside the ordinary course of business, any gains or losses from discontinued operations, any extraordinary gains or losses, the effects of accounting changes, any unusual, nonrecurring, transition, one-time or similar items or charges, and any other items that the Administrator determines.
Excluded Items means gain or loss from (a) the sale, sale and leaseback or financing of real estate, or (b) the sale of all or substantially all of the Equity Interests or assets of (i) a Dealership or other Subsidiary, (ii) a Dealership location, or (iii) any business unit or franchise of a Dealership or other Subsidiary or a Dealership location.
Excluded Items means (a) all books, documents, records and files prepared in connection with or relating to the transactions contemplated under this Agreement, including bids received from Third Parties and strategic, financial or Tax analyses relating to: the divestiture of the Transferred Assets, the Assumed Liabilities, license of Licensed Know-How and the Product, (b) confidentiality, joint defense or similar agreements with prospective purchasers of the Product, (c) trade secrets of Third Parties, (d) any attorney work product, attorney-client communications and other items protected by established legal privilege, unless the books and records can be transferred without losing such privilege, (e) human resources and any other employee books and records, (f) any financial, Tax and accounting records to the extent not related to the Product, (g) any items to the extent applicable Law prohibits their transfer and (h) electronic mail.
Excluded Items means and includes (x) all properties or assets described above, whether now owned or hereafter arising or acquired by such Debtor, which by their terms or by reason of applicable Law would become void or voidable if a security interest therein were granted hereunder by such Debtor or which cannot be granted, conveyed, mortgaged, transferred or assigned by this Agreement or in which a security interest cannot effectively be granted hereunder, and (y) all Excluded Property.
Excluded Items means: (i) materials relating to Sellers’ marketing efforts for the sale of the Properties, including communications with other potential purchasers, (ii) projections and other internal memoranda or materials, (iii) appraisals, budgets, Sellers’ strategic plans for the Properties, internal analyses (including Seller’s analyses with respect to its leasing of space in the Properties), computer software, and submissions relating to Sellers’ obtaining of internal authorizations, and engineering reports prepared for Sellers or their lenders, (iv) attorney and accountant work product, and all other materials subject to any legal privilege in favor of Sellers, and (v) organizational documents relating to any of the Seller Parties except the El Paso Entity and the Portage Entity.
Excluded Items means the interest of Seller (or Purchaser, as its assignee) in Related Security which, by operation of law or enforceable contractual restrictions, either (i) cannot be transferred by Seller to Purchaser or (ii) cannot be subjected to an Adverse Claim which can be perfected by filing a UCC financing statement in the state where Seller maintains its chief executive office or is organized.