Excess Value. See definition of “Consolidated Total Adjusted Asset Value”. Excluded Taxes. Any of the following Taxes imposed on or with respect to any Recipient or required to be withheld or deducted from a payment to a Recipient, (a) Taxes imposed on or measured by net income (however denominated), franchise Taxes, and branch profits Taxes, in each case, (i) imposed as a result of such Recipient being organized under the laws of, or having its principal office or, in the case of any Bank, its Lending Office located in, the jurisdiction imposing such Tax (or any political subdivision thereof) or (ii) that are Other Connection Taxes, (b) in the case of a Bank, U.S. federal withholding Taxes imposed on amounts payable to or for the account of such Bank with respect to an applicable interest in a Loan or Commitment pursuant to a law in effect on the date on which (i) such Bank acquires such interest in the Loan or Commitment (other than pursuant to an assignment request by the Borrower under §5.8) or (ii) such Bank changes its Lending Office, except in each case to the extent that, pursuant to §5.2(a)(ii), (a)(iii) or (c), amounts with respect to such Taxes were payable either to such Bank’s assignor immediately before such Bank became a party hereto or to such Bank immediately before it changed its Lending Office, (c) Taxes attributable to such Recipient’s failure to comply with §5.2(e), and (d) any U.S. federal withholding Taxes imposed pursuant to FATCA. Existing Bid Rate Advances. The bid rate advances made to the Borrower under the Existing Credit Agreement and listed and described in Schedule 3 annexed hereto.
Excess Value. See definition of “Consolidated Total Adjusted Asset Value”.
Excess Value. To the extent that the value of the Contributions exceeds the aggregate Issue Price for the Shares, the Company shall add such excess value as non-stipulated share premium (niet-bedongen agio) to the share premium reserve (agioreserve) exclusively attached to the ordinary shares in the Company’s share capital.
Excess Value. The Company hereby agrees that in the event that the product of (A) 301,085 and (B) the average closing trading price of the Company's Common Stock during the 20 trading days preceding June 30, 2001 exceeds $1,354,879 (the "Excess Value"), then the Company shall return to McAfee up to 198,915 shares of the Company's Common Stock (subject to adjustment for any stock splits or stock dividends effected after the date hereof), with the exact number of shares to be returned to be determined by the following formula: Number of shares of Common Stock to be returned = A divided by B, where A is the Excess Value and B is $4.50. In no event shall more than 198,915 shares be returned to McAfee pursuant to this provision regardless of the dollar amount of the Excess Value. Any shares not returned to McAfee by June 30, 2001 will be cancelled.
Excess Value. (a) When your Powerbank balance exceeds $120 per 1,000 kWh of your annual electricity consumption for a relevant financial year, you will receive a credit for this excess value. We will determine whether this excess value will be used to reduce the total amount of your electricity xxxx or whether this excess value will be refunded to you.
(b) The total balance of the Powerbank will be invested by us and any interest earned on the balance of the Powerbank will be used by us towards payment of the licence fee payable under the Intellectual Property Licence Agreement between Power Club Holdings Pty Ltd as Licensor and us as Licensee;
(c) If this Powerbank Agreement is terminated, we will refund the balance of your Powerbank account within 5 business days from the final payment being received by us. The refund will be equal to your Powerbank balance on the day the Powerbank refund is paid to you.
Excess Value. (a) When your Powerbank balance exceeds $80 per 1,000 kWh of your annual electricity consumption for a relevant financial year, you will receive a credit for this excess value. We will determine whether this excess value will be used to reduce the total amount of your electricity xxxx or whether this excess value will be refunded to you.
(b) The total balance of the Powerbank will be invested by us and any interest earned on the balance of the Powerbank will be used by us towards payment of the licence fee payable under the Intellectual Property Licence Agreement between Power Club Holdings Pty Ltd as Licensor and us as Licensee;
(c) If this Powerbank Agreement is terminated, we will refund the balance of your Powerbank on receipt of final payment of your final electricity xxxx with us; and
i. The refund will be equal to your Powerbank balance on the day the Powerbank refund is paid to you; and
ii. Will be actioned within 10 Business Days so long as your banking details are on file, and
iii. If your banking details are not on file, within 5 Business Days of you providing your banking details when requested to do so.
Excess Value. See definition of "Consolidated Total Adjusted Asset Value". EXTENSION. See Section 2.11. FACILITY FEE. See Section 2.3(d). -00- XXXX XXXXXX XXXXX XX XXXX XXXXXX ASSETS. As of any date of determination, the sum of (A) with respect to Real Estate Assets other than hotel properties, an amount equal to (i)(x) Consolidated EBITDA for the most recent one (1) complete fiscal quarter, MINUS (y) $.0625 MULTIPLIED BY the aggregate square footage of all Real Estate Assets other than hotel properties at such date; MULTIPLIED BY (ii) 4; with the product being DIVIDED BY (iii) the applicable Capitalization Rate, PLUS (B) with respect to Real Estate Assets which are hotel properties, an amount equal to (i)(x) Consolidated EBITDA for the most recent four (4) consecutive complete fiscal quarters, MINUS (y) the respective Annualized Capital Expenditure for each of the hotel properties; DIVIDED BY (ii) the applicable Capitalization Rate. Notwithstanding the foregoing, (a) (i) solely for the period commencing on the Closing Date and ending on June 29, 2003, the Fair Market Value of Real Estate Assets attributable to 000 Xxxx Xxxxxx shall be an amount equal to $1,000,000,000 and (ii) for the quarterly reporting period ending on June 30, 2003 and for all periods thereafter, the Fair Market Value of Real Estate Assets attributable to 000 Xxxx Xxxxxx shall be determined in accordance with the calculation required by the first sentence of this definition, (b) with respect to a Real Estate Asset that was a Real Estate Asset Under Development and for which the Borrower has received a certificate of occupancy or such Real Estate Asset may otherwise be lawfully occupied for its intended use, the Borrower may calculate the Fair Market Value of Real Estate Assets of such Real Estate Asset either in the manner set forth in this definition above or at the cost basis value (or, with respect to 000 Xxxx Xxxxxx, other fixed value as provided in this Agreement) for a period of twelve months after the issuance of the certificate of occupancy or such Real Estate Asset may otherwise be lawfully occupied for its intended use, and (c) with respect to a Real Estate Asset (not a Real Estate Asset Under Development) acquired by the Borrower after the date hereof, the Borrower may calculate the Fair Market Value of Real Estate Assets of such Real Estate Asset either in the manner set forth in this definition above or at the cost basis value (or, with respect to 000 Xxxx Xxxxxx, other fixed value as p...
Excess Value. When your Powerbank balance exceeds $80 per 1,000 kWh of your annual electricity consumption for a relevant financial year, you will receive a credit for this excess value. We will determine whether this excess value will be used to reduce the total amount of your electricity xxxx or whether this excess value will be refunded to you.
Excess Value. See definition of "Consolidated Total Adjusted Asset Value".
Excess Value. In the event the Field Contractor or any Person or Persons party to this agreement shall sell any oil by competitive bidding pursuant to the provisions of Article 11 hereof, the Field Contractor on its own behalf or the Field Contractor on behalf of such Person or Persons shall account for and pay over to the City, for each calendar month during the term of any agreement of sale pursuant to said Article 11, any bonus or excess amount received for such oil over and above the value of such oil computed in accordance with the provisions of Section 9(b) hereof. All payments pursuant to this Section 5(d) shall be made to the City on or before the last day of the calendar month following the month for which such payment is made, subject to subsequent adjustment as provided in Section 9(e) hereof. Payments made pursuant to this Section 5(d) shall not be included in any of the computations made pursuant to Sections 5(a) and 5(b) of this agreement, but shall be included in computing the cumulative minimum payment by Field Contractor specified in Section 5(c) hereof.
