Excluded Revenues Sample Clauses

Excluded Revenues. All Off-Reserve Impact Payments 14a Provision D.27(i) All Claims Settlement Amounts 14b Provision D.27(ii) All Loss or Damage Payments 14c Provision D.27(iii) All Program Transfers from Canada or Another Government 14d Provision D.27(iv) All Provincial/Territorial Transfers 14e Provision D.27(v) All Proceeds from the Sale or Expropriation of Lands 14f Provision D.27(vi) All Portfolio Investment Income 14g Provision D.27(vii) All Receipted Gifts and Donations 14h Provision D.27(viii)
Sample 1
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Excluded Revenues. (a) amounts received from sales or other dispositions of Borrower Property in accordance with Section 14(L) of this Agreement, (b) WPT Royalties, (c) proceeds resulting from the WPT Licensing Agreement, and (d) proceeds resulting from litigation against Deloitte & Touche, all of which shall be excluded from Adjusted Cash EBTDA, but only so long as no Revolving Credit Expiration Date has occurred.
Sample 1
Excluded Revenues. Collectively, to the extent otherwise included, as the case may be, in Gross Food and Beverage Revenues or Gross Hotel Revenues;(1) any rents or other revenues arising from or received by Tenant on account of Restaurant Leases; (2) any expense passthroughs or reimbursements received by Tenant under Subleases; (3) revenues from parking, unless Tenant makes more than fifteen (15) parking spaces available to Hotel guests and/or the general public, or Tenant receives a net profit in any Quarter from off-site parking, in which case net revenues from such on-site parking or such net profits from off-site parking, shall be included in Gross Hotel Revenues for such Quarter, (4) federal, state, district and municipal excise, sales, use, luxury or similar tax, bed taxes, taxes collected directly from patrons or guests as a part of or added to the sales price of any food, beverages, goods, services, rooms or displays, such as gross receipts, room admission, cabaret or equivalent taxes and actually paid by Tenant; (5) cash or credit refunds to customers upon transactions included in Gross Revenues or for cancellations of room reservations;(6) proceeds of any insurance, judgments, settlements or condemnation awards that do not compensate Tenant for loss of income or revenue of any kind from the sale of food and beverage items, the operation of the banquet, public meeting rooms and similar facilities, the rental of hotel rooms, Subleases, restaurants, parking (but such insurance proceeds shall be included in Gross Revenues to the extent compensating for such loss of income or revenue); (7) proceeds from the sale or other disposition (other than food and beverage inventory in the ordinary course of business)of the Hotel or any of the assets used in connection with or forming part of the Hotel; (8) any penalty or fee charged by Tenant for a returned check; (9) amounts written off by Tenant as a bad debt; (10) reimbursement of the amount paid for postage, express or delivery expense (such as room service) provided that such charge is at all times properly segregated from the regular cash price and so identified on Tenant’s records; (12) fees and expenses paid to Affiliates to the extent that the inclusion of such fees and expenses would result in double counting because they have been included as received by Tenant; (13) proceeds from any debt or equity financing or Refinancing; (14) the amount of gratuities actually paid to employees, whether mandatory or otherwise; (15) ...
Sample 1
Excluded Revenues. 6.7 IDX/Signet JOA.
Sample 1
Excluded Revenues. To the extent received by Buyer or its Affiliates, Buyer shall use its Best Efforts to arrange for the transfer to Seller of all remittances of revenues derived from (i) Accounts Receivable (including accrued revenues) existing as of the Closing Date and (ii) the Discontinued Businesses (“Excluded Revenues”), in each case, by wire transfer or other acceptable means to a Seller designated account as soon as reasonably practicable (and in any event no later than the 15th day of the month following the month in which such revenues were received) after Buyer or its Affiliates receive all information necessary to reconcile all Excluded Revenues received. Buyer shall also provide to Seller copies of explanations of benefits (“EOB”), reports on bank deposits and cash receipts and related billing correspondence on or prior to the 30th day of the month following the month in which such information is received by Buyer or its Affiliates.
Sample 1
Excluded Revenues. With respect to concessions (including for this purpose licenses), Gross Revenues shall include only the net amount received or retained by the limited partnership from or in respect of the concessionaire (or licensee).
Sample 1
Excluded Revenues. With respect to concessions (including for this purpose licenses), Gross Revenues shall include only the net amount received or retained by the limited partnership from or in respect of the concessionaire (or licensee). For 1997, Gross Revenues shall mean, without duplication, Gross Revenues of the Limited Partner for the period January 1, 1997 to the Effective Date and of the limited partnership from and including the Effective Date through December 31, 1997.
Sample 1
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Related to Excluded Revenues

  • Gross Revenues All revenues, receipts, and income of any kind derived directly or indirectly by Lessee from or in connection with the Hotel (including rentals or other payments from tenants, lessees, licensees or concessionaires but not including their gross receipts receipts and not including rentals or other payments under Space Leases) whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles, excluding, however: (i) funds furnished by Lessor, (ii) federal, state and municipal excise, sales, and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iii) the amount of all credits, rebates or refunds to customers, guests or patrons, and all service charges, finance charges, interest and discounts attributable to charge accounts and credit cards, to the extent the same are paid to Lessee by its customers, guests or patrons, or to the extent the same are paid for by Lessee to, or charged to Lessee by, credit card companies, (iv) gratuities or service charges actually paid to employees, (v) proceeds of insurance and condemnation, (vi) proceeds from sales other than sales in the ordinary course of business, (vii) all loan proceeds from financing or refinancings of the Hotel or interests therein or components thereof, (viii) judgments and awards, except any portion thereof arising from normal business operations of the Hotel, and (ix) items constituting “allowances” under the Uniform System.

  • Excluded Items The following items are excluded from this sale:

  • Excluded Assets Notwithstanding the foregoing, the Purchased Assets shall not include the following assets (collectively, the “Excluded Assets”):

  • Net Sales Proceeds In the case of a transaction described in clause (A) of the definition of Sale, the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including all real estate commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (B) of such definition, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in clause (C) of such definition, Net Sales Proceeds means the proceeds of any such transaction actually distributed to the Company from the Joint Venture less the amount of any selling expenses, including legal fees and expenses incurred by or on behalf of the Company (other than those paid by the Joint Venture). In the case of a transaction or series of transactions described in clause (D) of the definition of Sale, Net Sales Proceeds means the proceeds of any such transaction (including the aggregate of all payments under a Mortgage or in satisfaction thereof other than regularly scheduled interest payments) less the amount of selling expenses incurred by or on behalf of the Company, including all commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (E) of such definition, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in the last sentence of the definition of Sale, Net Sales Proceeds means the proceeds of such transaction or series of transactions less all amounts generated thereby which are reinvested in one or more Assets within 180 days thereafter and less the amount of any real estate commissions, closing costs, and legal fees and expenses and other selling expenses incurred by or allocated to the Company in connection with such transaction or series of transactions. Net Sales Proceeds shall also include any consideration (including non-cash consideration such as stock, notes, or other property or securities) that the Company determines, in its discretion, to be economically equivalent to proceeds of a Sale, valued in the reasonable determination of the Company. Net Sales Proceeds shall not include any reserves established by the Company in its sole discretion.

  • Operating Cash Flow As used in this Agreement, “Operating Cash Flow” shall mean and be defined, for any fiscal period, as all cash receipts of the Partnership from whatever source (but excluding Capital Cash Flow and excluding the proceeds of any Capital Contributions to the Partnership) during such period in question in excess of all items of Partnership expense (other than non-cash expenses such as depreciation) and other cash needs of the Partnership, including, without limitation, amounts paid by the Partnership as principal on debts and advances, during such period, capital expenditures and any reserves (as determined by the Managing General Partner) established or increased during such period. Operating Cash Flow shall be distributed to or for the benefit of the Partners of record as of the applicable record date not less frequently than quarterly, and shall be allocated among the Partners as follows:

  • Included Assets The Assets referred to in Section 1.1(a)(ii) shall include, without limitation, the following assets, properties and rights of Seller used directly or indirectly in the conduct of, or generated by or constituting, the Business, except as otherwise expressly set forth in this Agreement:

  • Sublicense Revenue In the event Licensee or an Affiliate of Licensee sublicenses under Section 2.2, Licensee shall pay CareFusion **THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION.** of any Sublicense Revenues resulting from sublicense agreements executed by Licensee.

  • Current Assets The term "Current Assets" shall mean, with respect to the Company, cash and other assets that are expected to be converted into cash, sold or exchanged within one year from the Closing Date, including marketable securities, receivables, inventory and current prepayments .

  • Collect Revenues, Apply Accounts Lender, either itself or through a receiver, may collect the payments, rents, income, and revenues from the Collateral. Lender may at any time in Lender’s discretion transfer any Collateral into Lender’s own name or that of Lender’s nominee and receive the payments, rents, income, and revenues therefrom and hold the same as security for the Indebtedness or apply it to payment of the Indebtedness in such order of preference as Lender may determine. Insofar as the Collateral consists of accounts, general intangibles, insurance policies, instruments, chattel paper, choses in action, or similar property, Lender may demand, collect, receipt for, settle, compromise, adjust, xxx for, foreclose, or realize on the Collateral as Lender may determine, whether or not Indebtedness or Collateral is then due. For these purposes, Lender may, on behalf of and in the name of Grantor, receive, open and dispose of mail addressed to Grantor; change any address to which mail and payments are to be sent; and endorse notes, checks, drafts, money orders, documents of title, instruments and items pertaining to payment, shipment, or storage of any Collateral. To facilitate collection, Lender may notify account debtors and obligors on any Collateral to make payments directly to Lender.

  • Net Operating Income For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees in occupancy paying rent (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts including, without limitation, set-up fees and termination fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of REIT and its Subsidiaries, any property management fees and non recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to three percent (3.0%) of the gross revenues from such Real Estate excluding straight line leveling adjustments required under GAAP and amortization of intangibles pursuant to FAS 141R, minus (d) all rents, common area reimbursements and other income for such Real Estate received from tenants or licensees in default of payment or other material obligations under their lease, or with respect to leases as to which the tenant or licensee or any guarantor thereunder is subject to any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation or similar debtor relief proceeding.

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