Excluded Site definition

Excluded Site means (a) any offices, bailees or business locations, including warehouses, containing less than Fifty Thousand Dollars ($50,000.00) in Borrower’s assets or property and (b) any site located at a data center operated by a third party at which Borrower exclusively co-locates computer gear and peripherals in the ordinary course of business.

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Excluded Site means, at any time of determination, any Portfolio Site designated as or deemed to be an “Excluded Site,” or that is returned to one or more AT&T Parties after the Initial Closing pursuant to Sections 4.3(a), 4.5, 4.6, 4.7 or 4.9, in each case in accordance with the terms of this Agreement.

Excluded Site means, at any time of determination, any Portfolio Site designated as an “Excluded Site” in accordance with the terms of this Agreement.

Examples of Excluded Site in a sentence

To the extent a Portfolio Site becomes an Excluded Site after the Initial Closing in accordance with this Section 4.4(c), the Parties agree to treat the transactions described in this Section 4.4(c) and the return of the Excluded Site to the applicable Commnet Party as a separate Tax event at the time such transactions are consummated unless the Parties agree in writing to treat the transactions as effectuating a recission under applicable Tax Law.
No representation or warranty is being made hereunder with respect to: (a) any Portfolio Site which is an Excluded Site as of the Initial Closing; (b) any Excluded Assets; or (c) any Tower Subtenant Communications Equipment; provided, however, that the foregoing shall in no way limit the Commnet Parties’ obligation to indemnify the Buyer Indemnified Parties under this Agreement with respect to Excluded Liabilities.
The Parties shall hold a Closing (each a “Subsequent Closing”) to effectuate a Closing for any Managed Site that has become an Assignable Site since the prior Closing Date, any Deferred Site that has become a Managed Site or an Assignable Site since the prior Closing Date or, at the Final Subsequent Closing, any Managed Site or Assignable Site that has become an Excluded Site, and such Closing shall be deemed to have occurred at 12:00 am (Eastern Time) on such Closing Date.
Subject to Section 2.8(d) and Section 4.3(a), until the Final Subsequent Closing Date Deadline, Commnet shall use commercially reasonable efforts at its sole cost and expense, to cure the Managed Site Condition(s) causing any Portfolio Site (other than an Excluded Site) to be a Managed Site or a Deferred Site.
To the extent that any Portfolio Site is the subject of one (1) or more indemnity Claims under this Article IX and the aggregate amount of such indemnity Claim(s) exceeds the Remediation Cost Cap for such Portfolio Site, Commnet will have the right to designate such Portfolio Site as an Excluded Site by delivering to Buyer a written notice of such designation.

More Definitions of Excluded Site

Excluded Site means, at any time of determination, any Portfolio Site designated as or deemed to be an Excluded Site in accordance with this Agreement or that is returned to SM after the Initial Closing in accordance with this Agreement.

Excluded Site means the site of the main generating structures of the eligible generating station described in the successful application in respect of which—

Excluded Site means, as of any date, provided that there shall not then exist a Potential Event of Default or an Event of Default, all of the following, excluding any fee interest in Real Property Assets on which Agent shall have been granted a Lien in accordance with the terms hereof: (a) any fee interest in undeveloped land acquired by Company or any of its Subsidiaries for the development of a grocery store, so long as less than one year has elapsed since the date such fee interest was first acquired by Company or any of its Subsidiaries (the "Acquisition Date"), (b) any fee interest in Real Property Assets owned by Company or any of its Subsidiaries consisting of a grocery store under construction, so long as less than one year has elapsed since the date such construction commenced, and (c) any fee interest in a grocery store, the construction of which is complete, which fee interest was not previously a Covered Real Property, so long as not more than 180 days has elapsed since the date of completion of such construction; provided that the maximum length of time that a property may be characterized as an Excluded Site is two years from its Acquisition Date; provided further that if on any date there are more than five (5) properties that meet the foregoing definition of "Excluded Site", only the five (5) such properties with the earliest Acquisition Dates (and on which Agent shall not have been granted a Lien in accordance with the terms hereof) shall constitute "Excluded Sites". "Excluded Site" shall also include as of the Closing Date any Real Property Asset identified as such on Schedule 4.1I annexed hereto which Company or any of its Subsidiaries are in the process of selling, subleasing or otherwise disposing of such Real Property Asset; provided that any such Real Property Asset shall cease to be an "Excluded Site" if not so sold or leased within 120 days of the Closing Date.

Excluded Site shall also include as of the Closing Date any Real Property Asset identified as such on Schedule 4.1I annexed hereto which Company or any of its Subsidiaries are in the process of selling, subleasing or otherwise disposing of such Real Property Asset; provided that any such Real Property Asset shall cease to be an "Excluded Site" if not so sold or leased within 120 days of the Closing Date.

Excluded Site shall have the meaning set forth in Section 3.2(a). -------------

Excluded Site has the meaning ascribed to such term in the Agreement to Sublease.

Excluded Site means either an Excluded Terminated Site or an Excluded Destroyed Site, or both.