Excluded Sale means, with respect to any Receivable, the initial Outstanding Balance of such Receivable to the extent that each of the following conditions are currently satisfied with respect thereto: (i) the invoice with respect to such Receivable was an Erroneous Invoice, (ii) the invoice with respect to such Receivable was cancelled and replaced with a Rebilled Invoice, (iii) the principal balance of the Rebilled Invoice is the same as the principal balance of the Erroneous Invoice, (iv) neither the Erroneous Invoice nor the Rebilled Invoice is with respect to any Excluded Receivable and (v) the Obligor of the Rebilled Invoice is the same Obligor of the Erroneous Invoice or an Affiliate thereof.
Excluded Sale means any sale (i) relating to or resulting from a foreclosure, or a deed in lieu of foreclosure; or (ii) a sale relating to a condemnation by a governmental authority.
Excluded Sale means any sale of Shares made, proposed or agreed by any Party and/or one or more of its Associates in connection with:
Examples of Excluded Sale in a sentence
If, during the ROFO Term, Tenant elects to market the Leasehold for sale, other than an Excluded Sale (defined below), then, prior to listing, marketing or selling the Leasehold, Tenant shall notify Landlord of the purchase price and any other terms which Tenant is willing to accept for the sale of the Leasehold, as determined in Tenant’s sole discretion (“Tenant’s Notice”).
Any of the following shall constitute an "Excluded Sale": (a) a Permitted Assignment; or (b) collateral security transfers in connection with any debt or equity financing or transfers to a Foreclosure Purchaser or the first transfer following a foreclosure or deed in lieu of foreclosure or a transfer to a Foreclosure Purchaser.
More Definitions of Excluded Sale
Excluded Sale means a transaction:
Excluded Sale means any sale of assets permitted pursuant to subdivision (f)(ii) of Section 8.07 the net proceeds of which to the Borrower and its Restricted Subsidiaries the Borrower shall be required to apply (or cause to be applied) as provided in said subdivision.
Excluded Sale means, with respect to any Receivable, the initial Outstanding Balance of such Receivable to the extent that each of the following conditions are currently satisfied with respect thereto: (i) the invoice with respect to such Receivable was an Erroneous Invoice, (ii) the invoice with respect to such Receivable was cancelled and replaced with a Rebilled Invoice, (iii) RECEIVABLES PURCHASE AGREEMENT the principal balance of the Rebilled Invoice is the same as the principal balance of the Erroneous Invoice, (iv) neither the Erroneous Invoice nor the Rebilled Invoice is with respect to any Excluded Receivable and (v) the Obligor of the Rebilled Invoice is the same Obligor of the Erroneous Invoice or an Affiliate thereof.
Excluded Sale is amended to replace the number "$75,000,000" with the number "$50,000,000" and to replace the words ", the aggregate fair market value of which dispositions under (y) does not exceed $50,000,000" with the words "(other than Hitachi-Xxxxxx Chemical Products Inc.),".
Excluded Sale means (x) any negotiated sale of Purchase Agreement Shares in which the purchaser expressly agrees, in a written instrument expressly for the benefit of the Company, to abide by the limitations set forth in this Section 2.4 with respect to the Purchase Agreement Shares sold in such negotiated sale, it being further understood and agreed (for the avoidance of doubt) that any public sales of any such Purchase Agreement Shares by such purchaser (other than any Excluded Sale) shall be taken into account in determining whether sales by other Holders of Purchase Agreement Shares (subsequent to any such re-sales) are in compliance with this Section 2.4, or (y) any sale of any Purchase Agreement Shares in any tender, exchange or similar offer.
Excluded Sale means any sale or sales of Products purchased hereunder which: (i) follows an Assignment by Buyer in violation of or not expressly permitted by Section 15 or any other violation of any obligation of Buyer under Section 15, (ii) is or includes a sale or sales (exclusive of any Products delivered by Buyer or any Buyer Authorized Designee to its customers in the Exclusive Territory, if any) of any New/Nearly New Products to any Prohibited Participant, (iii) is or includes a sale or sales (exclusive of any Products delivered by Buyer or any Buyer Authorized Designee to its customers in the Exclusive Territory, if any) of more than U.S.$25,000 (or the equivalent in any foreign currency) in any calendar year of New/Nearly New Products to any Seller appointed dealer (including Affiliates of such dealer) of Products or any other dealer (including Affiliates of such dealer) of automated lighting products, or (iv) is or includes a sale or sales (exclusive of any Products delivered by Buyer and each Buyer Authorized Designee to its customers in the Exclusive Territory, if any) of New/Nearly New Products to a customer who or which is not an Existing Rental Customer of Buyer, or to a permanent installation (such as a theater, museum, theme park, etc.) or other automated luminaire lighting project, permanent installation or job that, prior to such sale or sales, had not been Registered for Spec Credit. A lease which is not a "true lease" or which would be expected to be capitalized under United States generally accepted accounting principles will be considered a sale and not a lease for purposes of this definition. As used in this definition of "Excluded Sale", (i) "Existing Rental Customer of Buyer" means a customer (together with such customer's Affiliates) of Buyer or any Buyer Authorized Designee which had, in the preceding 104-week period, leased or rented automated luminaires from Buyer or any Buyer Authorized Designee for which such customer had paid Buyer or any Buyer Authorized Designee at least U.S.$25,000 and (ii) "Registered for Spec Credit" means the registration by Buyer in writing with Seller of a project, permanent installation or job for "specification credit" in accordance with and subject to the then established Seller specification credit procedures generally applicable to Seller's dealers of Products. By way of example, if Seller's specification credit procedures generally applicable to dealers of Products at the relevant time permits only the first...
Excluded Sale means any Sale after February __, 2001 which is any of (i) a Public Sale, (ii) a Sale pursuant to Rule 144 under the Securities Act or (iii) a distribution by Capricorn of Common Shares to its investors.