Asset Exclusion Criteria Sample Clauses

Asset Exclusion Criteria. Notwithstanding anything to the contrary set forth in any LPG Document (including, without limitation, the inclusion of any asset or exposure in the Asset Pool Schedule), any asset or exposure, including, without limitation, any Closely Related Hedge, meeting at any given point in time any one or more of the following criteria (“Asset Exclusion Criteria”) is permanently excluded from the Asset Pool (each such asset or exposure, a “Non-Covered Asset”): (i) it was not Economically Owned by one or more Covered Entities on 31 March 2023 and on the Closing Date; (ii) it has not been Economically Owned by one or more Covered Entities at any point in time from the Closing Date until the respective Realisation Date; (iii) any Counterparty of which is, or is Controlled by, a Covered Entity or a Group Company at any point in time from the Signing Date until the respective Realisation Date (unless any such Covered Entity is a Counterparty to a Hedge as identified in the Asset Pool or as may be entered into from time to time in accordance with the Hedging Policy); (iv) any Counterparty of which is, or is Controlled by, at the Closing Date, an Excluded Person; (v) subject to the procedure set out in paragraph (c) below, it does not comply with all Applicable Laws in all material respects or has, following the Closing Date, not been marketed or distributed by any Group Company in all material respects in accordance with Applicable Laws; (vi) it is an asset or exposure listed in or meeting the criteria set forth in Schedule 5 (Excluded Assets); (vii) it relates to Litigation, except for Permitted Litigation; or (viii) it is deemed to be a Non-Covered Asset by operation of any other applicable provision of this Agreement.
Sample 1
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