EXCLUDED LOCATIONS Clause Samples

EXCLUDED LOCATIONS. No insurance is provided to craft stored overnight (other than at private homes) at: *Abersoch, Blackpool other than secured to ground anchors at Blackpool & Fleetwood. Y.C., Brighton, East Lothian, Herne Bay, North Berwick, Pevensey Bay, ▇▇▇▇▇ Steps, Royal Plymouth Corinthian Y.C., Seaford Coast, Whitstable; or at North Herts East Beds S.C., EXCEPT as participant for the duration of their events where visiting craft are allocated safe secure monitored storage by host Club. *Abersoch participation in organized events allowed where storage monitored 24/7 and arrangements made to move craft to safety during predicted exceptional high tides/▇▇▇▇▇, also must always be stored not less than 15’ above highest flood/storm high tide line experienced over the past 5 years - owner must check this before leaving boat there. MOORINGS: NO insurance is provided for craft left unattended afloat (unattended meaning Insured not close enough to keep it under constant visual observation so as to prevent un-authorised interference with it or theft or damage from weather or sea conditions).

EXCLUDED LOCATIONS. No insurance is provided to craft stored overnight (other than at private homes) at: *ABERSOCH, Blackpool, Brancaster Staithe, Brighton, Broadstairs, East Lothian, Fairlop Water, Herne Bay, North Berwick, Pevensey Bay, ▇▇▇▇▇ Steps, Royal Plymouth Corinthian Yacht Club, Seaford Coast, Whitstable &/or Tankerton Bay; or at Sailing Clubs: Broadstairs, Fairfield G&SC, North Herts East Beds SC, EXCEPT as participant for the duration of their events where visiting craft are allocated safe secure monitored storage by host club. *ABERSOCH participation in organised events allowed where storage monitored 24/7 & arrangements made to move craft to safety during predicted or existing high tides/▇▇▇▇▇, overnight never stored less than 15’ above highest flood/storm high tide line experienced past 6 years - owner must check. home) never on mooring or any area where craft floats at high springs. Theft cover is excluded for craft, trailer & trolley left unattended unless they are permanently I.D. marked & the trailer is permanently secured by a WHEEL CLAMP LOCK, no other type is acceptable. STORAGE: NO cover is provided for craft left unattended afloat (unattended meaning assured not close enough to keep it under constant visual observation so as to prevent un-authorised interference with it or theft or damage from weather or sea conditions). Unsecured gear & fittings must be stored inside locked vehicle or locked building when left overnight – never left on or under boat. Outboard must be locked to transom of craft if left unattended at all, but overnight must be stored inside locked vehicle or locked building not left on transom of dinghy. Serial number must be provided in event of theft or loss, otherwise no claim will be accepted. TIE DOWN – LOCK DOWN. Craft left unattended overnight MUST THEMSELVES be firmly secured to ground stakes/anchorage capable of withstanding all wind & saturation conditions on BOTH SIDES in addition to chocks & checked not less than once a month or where storm/severe weather warnings given. Craft kept in approved areas but on racks, piers or jetties which public can access must in addition be padlocked down thereto. Excluding all craft using or fitted with hydrofoils or kites or skates.

EXCLUDED LOCATIONS. With the prior written consent of the Security Trustee, which consent shall not be unreasonably withheld, the Company shall be entitled, from time to time, to establish one or more locations for the storage of Spare Parts and Appliances which shall not be subject to the lien of this Mortgage (herein, "Excluded Locations"), provided that the Company's business purpose in establishing such Excluded Location is to support operations that are beyond the scope of the Company's existing and currently planned operations as of the Funding Date. Without limiting the generality of the foregoing, the Security Trustee shall be entitled to withhold its consent to the establishment of an Excluded Location if the Required Lenders consider any of the following circumstances to be applicable: (i) the expected fair market value of the Spare Parts and Appliances to be stored at the proposed location would be less than $5,000,000; (ii) unless the proposed location would be devoted exclusively to the storage of Spare Parts and Appliances that are not compatible with any of the aircraft and engines operated by the Company as of the Funding Date, the proposed location would be in any of the states of Arizona, Maryland or Nevada; (iii) all or any material portion of the proposed location would be stocked by the transfer of Spare Parts and Appliances from any of the Designated Locations; (iv) the Lenders have not been offered the opportunity to provide the Company with financing for the Spare Parts and Appliances to be stored at the proposed location on terms, in the case of new acquisition financing, substantially the same as the terms of the Operative Documents, and in the case of financing assumed by the Company in connection with the acquisition of such Spare Parts and Appliances, substantially the same as the terms of such pre-existing financing and at the same net financing cost to the Company (taking into account any prepayment premiums and/or breakage costs thereunder); provided, however, that if any pre-existing financing does not permit any voluntary prepayment thereof by the Company, then the failure by the Company to offer the Lenders the opportunity to provide financing to take out such pre-existing financing shall not be deemed grounds for the Security Trustee to withhold its consent under this Section 3.02(b)(3); (v) the Company's acquisition of the Spare Parts and Appliances to be stored at the proposed location is part of the Company's ordinary fleet replacement a...

EXCLUDED LOCATIONS. “Permitted Transfers” means (a) sales of Inventory by a Loan Party or any of its Subsidiaries in the Ordinary Course of Business; (b) licenses and similar arrangements for the use of Intellectual Property of a Loan Party or any of its Subsidiaries in the Ordinary Course of Business and licenses that could not result in a legal transfer of title of the licensed property but that may be exclusive with respect to territory only as to specific geographical regions outside of the United States, and so long as after giving effect to such license, the Loan Parties and their Subsidiaries retain sufficient rights to use the subject Intellectual Property so as to enable them to continue to conduct their business in the Ordinary Course of Business and without material impairment of the value of the subject Intellectual Property; (c) dispositions of worn-out, obsolete or surplus Equipment in the Ordinary Course of Business that is, in the reasonable judgment of such Loan Party or Subsidiary, no longer economically practicable to maintain or useful; (d) Transfers consisting of the granting of Permitted Liens, the making of Permitted Investments and the making of Permitted Distributions pursuant to the terms of Section 7.7 hereof; (e) the use or transfer of money or Cash Equivalents in the Ordinary Course of Business and in a manner that is not prohibited by the Loan Documents; (f) other Transfers of assets having a fair market value of not more than Two Hundred Fifty Thousand Dollars ($250,000.00) per fiscal year of Borrower Representative; and (g) Transfers consisting of a Loan Party or any of its Subsidiaries forgiving (completely or partially), compromising, or settling any Account for less than payment in full, so long as (i) such Loan Party or its Subsidiary does so in good faith, in a commercially reasonable manner, in the Ordinary Course of Business, in arm’s-length transactions, (ii) such forgiven, compromised, or settled amount does not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) individually or Five Hundred Thousand Dollars