Excluded Person means each Defendant, the directors and officers of each Defendant, the subsidiaries or affiliates of each Defendant, the entities in which each Defendant or any of that Defendant’s subsidiaries or affiliates have a controlling interest and the legal representatives, heirs, successors and assigns of each of the foregoing.
Excluded IP has the meaning assigned to such term in the U.S. Security Agreement.
Excluded Persons means (A) the Company or any Regency Entity; (B) a trustee or other fiduciary holding securities under an employee benefit plan of the Company or any Regency Entity; (C) an underwriter temporarily holding securities pursuant to an offering of such securities; or (D) a corporation owned, directly or indirectly, by the shareholders of the Company in substantially the same proportions as their ownership of stock in the Company.
Excluded Debt means (i) intercompany Indebtedness between or among the Borrower and any of its Subsidiaries, (ii) credit extensions under the Existing Credit Agreement and the Existing Securitization Facility, (iii) (x) credit extensions under any Indebtedness of any Subsidiary of the Borrower arising from cash pooling and related overdraft arrangements in the ordinary course of business and (y) credit extensions under any Indebtedness of any Subsidiary of the Borrower set forth on Schedule 1.01 (for the avoidance of doubt, excluding debt securities and syndicated credit facilities) and any refinancing, renewal, refunding, extension or replacement thereof (in each case, except to the extent constituting Indebtedness of the Borrower (other than a Guarantee by the Borrower) and excluding debt securities and syndicated credit facilities) in an aggregate principal amount not to exceed the refinanced, renewed, refunded, extended or replaced funded amount thereof plus accrued and unpaid interest or premiums thereon and fees and expenses incurred in connection therewith plus (without duplication) an amount equal to any commitment unutilized thereunder and (iv) other Indebtedness (other than debt securities and syndicated credit facilities) not included in clauses (i), (ii) and (iii) above in an outstanding aggregate principal amount not to exceed $150,000,000; provided, further, in no event shall any Indebtedness (other than credit extensions pursuant to immediately preceding clause (ii)) which gives effect (whether in whole or in part) to the refinancing, renewal, refunding, extension or replacement of the Borrower’s existing 6.625% Notes due 2016 constitute “Excluded Debt”.
Excluded Employee means an employee as defined in section 3527, subd. (b) of the Government Code (Ralph C. Dills Act) except those excluded employees who are designated managerial pursuant to section 18801.1 of the Government Code.
Excluded Downtime has the meaning set forth in Section 2 below.
Excluded Personal Property has the meaning set forth in Section 2.2(c).
Excluded Products means the items described on the applicable restricted products per country, any other applicable Program Policy, or any other information made available to you by LINIO.
Excluded Party has the meaning set forth in Section 7.4(b).
Excluded Asset means any asset of any Grantor excluded from the security interest hereunder by virtue of Section 2.2 hereof but only to the extent, and for so long as, so excluded thereunder.
Excluded Amount For any Payment Date on or after the occurrence of an Amortization Event, the portion of the balance with respect to each HELOC attributable to all Draws not transferred to the Trust, and the portion of the Principal Collections (other than Net Liquidation Proceeds to the extent that the Excluded Amount of Liquidation Proceeds is not included in Net Liquidation Proceeds) and Interest Collections thereon for each Collection Period allocated to such Excluded Amount based on a pro rata allocation between the related Excluded Amount and the Loan Balance in proportion to the respective amounts outstanding as of the end of the calendar month preceding such Collection Period.
Excluded Affiliate means any Affiliate of any Agent that is engaged as a principal primarily in private equity, mezzanine financing or venture capital.
Excluded Waste means waste material of the nature that the Project is not designed or authorised to receive, manage, process and dispose which includes (i) Hazardous Waste, (ii) Bio-Medical Waste (iii) Dead Remains, (iv) E- Waste and (v) construction and demolition waste;
Excluded Entity means a corporation or other entity of which the holders of voting capital stock of the Company outstanding immediately prior to such transaction are the direct or indirect holders of voting securities representing at least a majority of the votes entitled to be cast by all of such corporation’s or other entity’s voting securities outstanding immediately after such transaction.
Excluded Equity means any Voting Stock in excess of 66% of the total outstanding Voting Stock of any direct Subsidiary of any Grantor that is a Non-U.S. Person. For the purposes of this definition, “Voting Stock” means, as to any issuer, the issued and outstanding shares of each class of capital stock or other ownership interests of such issuer entitled to vote (within the meaning of Treasury Regulations § 1.956-2(c)(2)).
Excluded Day shall have the meaning set forth in Section 2.3.1(b).
Excluded Property shall have the meaning set forth in the Security Agreement.
Excluded Deposit Account means (a) any deposit account exclusively used for payroll, payroll taxes, and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such and (b) any Xxxxx Cash Accounts.
Excluded Employees shall have the meaning set forth in Section 5.1.2.
Excluded Equipment means, at any date, any equipment or other assets of the Borrower or any Guarantor which is subject to, or secured by, a Capitalized Lease Obligation or a purchase money obligation if and to the extent that (i) a restriction in favor of a Person who is not Holdings or any Restricted Subsidiary of Holdings contained in the agreements or documents granting or governing such Capitalized Lease Obligation or purchase money obligation prohibits, or requires any consent or establishes any other conditions for or would result in the termination of such agreement or document because of an assignment thereof, or a grant of a security interest therein, by the Borrower or any Guarantor and (ii) such restriction relates only to the asset or assets acquired by the Borrower or any Guarantor with the proceeds of such Capitalized Lease Obligation or purchase money obligation and attachments thereto, improvements thereof or substitutions therefor; provided that all proceeds paid or payable to any of the Borrower or any Guarantor from any sale, transfer or assignment or other voluntary or involuntary disposition of such assets and all rights to receive such proceeds shall be included in the Collateral to the extent not otherwise required to be paid to the holder of any Capitalized Lease Obligations or purchase money obligations secured by such assets.
Excluded Entities has the meaning set forth in Section 2.2(b)(iv).
Excluded Data None – All data that falls into the sets below will be shared Data Being Sent for Categories A (Clinicians & Prescribing professionals) in 6.3 of this agreement. Below data items are coded data and free text Demographics data Previous and Future Appointments Discharge Summaries Clinic Letters Diagnosis Chronic Problems Allergies Current Medications Immunisations Data Being Sent for Category B (Other clinically supervised staff providing direct care) in 6.3 of this agreement. Below data items are coded data only and exclude free text Demographics data Previous and Future Appointments Discharge Summaries Clinic Letters Diagnosis Chronic Problems Allergies Current Medications Immunisations Data Being Sent for Category C (Administrative Staff supporting direct care) in 6.3 of this agreement Demographics data Previous and Future Appointments Receiving Organisations for this data: London Borough of Xxxxxxx - Care City of London – Social Care London Borough of Newham – Social Care Receiving Data from Agreement Name : East London Patient Record (eLPR) Method for receiving Data : East London Patient Record using the Cerner HIE This following table represents which roles in Homerton University Hospital Community that will fall into Categories A, B and C in terms of viewing shared data from other organisations. Name Code Category A Category B Category C Biomedical Scientist Access Role A Clinical Practitioner Access Role A Health Professional Access Role A Midwife Access Role A Nurse Access Role A Privacy Officer A Medical secretaries B Clinical administrators B Receptionists C The Caldicott Guardian or equivalent for the Homerton University Hospital will authorise the sending of this data and the receiving of any reciprocal data by accepting or rejecting this agreement in the Data Controller Console. The Caldicott Guardian for each provider will be added via the Data Controller Console. Providers will need to notify xxxx.xxxxx@xxx.xxx if there is a change in Caldicott Guardian or if there are any other changes: See Appendix E for more detail on the role of the Caldicott Guardian with this tool Appendix A continued: Homerton University Hospital – Acute Sharing arrangements for east London Patient Record – HEALTH ONLY Agreement Name : East London Patient Record (eLPR) Method for Sending – East London Patient Record using the Cerner HIE Purpose for sharing data : Individual Care (or Direct Care)
Excluded Business has the meaning set forth in Section 9.1.1.
Excluded Assets has the meaning set forth in Section 2.2.
Excluded Obligor means an Obligor so designated in writing as such by the Agent or the Majority Purchasers in a notice to the Seller in good faith and in the Agent’s or the Majority Purchasers’ reasonable judgment relating to credit considerations from time to time, it being understood that from time to time such designation may be revoked by written notice to the Seller.
Excluded Amounts means: