Eligible Capex Equipment definition

Eligible Capex Equipment means Capital Expenditures consisting of the acquisition, development, construction, installation, repair, restoration, replacement, relocation, renewal, upgrade, expansion or improvement of, or investment in, or addition or accession to, Equipment in respect of or relating to the Aseptic Facility or any other facilities, locations or properties of the Company or any other Credit Party, including the Costs of related control systems and installation (solely to the extent such Cost of installation is embedded in (and not separately identifiable) the same invoice as the Cost with respect to the applicable Equipment). Without limiting the foregoing, Eligible Capex Equipment shall exclude Equipment:
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Eligible Capex Equipment means Equipment that the Credit Parties proposes to acquire or acquires after the Closing Date with the proceeds of a CapEx Advance, to the extent designated as "Eligible CapEx Equipment" by Agent in its sole discretion after review of all relevant information and documents requested by Agent with respect to such Equipment. The Agent retains the right to adjust the standards of eligibility after any CapEx Advance is made in its sole discretion.
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Eligible Capex Equipment means Equipment (i) that is purchased and fully paid for by an Operating Borrower after the Closing Date, but prior to December 31, 2004, (ii) that is new and unused as of such date of purchase, (iii) that has not become affixed to any real property (other than Real Property Collateral that is subject to a Mortgage) in a manner that would cause such Equipment to be considered a fixture and (iv) with respect to which Agent (for the benefit of the Lender Group) has a first-priority perfected Lien and which is not subject to any other Lien, in each case located at one of the business locations of Operating Borrowers set forth on Schedule E-2.
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Examples of Eligible Capex Equipment in a sentence

  • For the avoidance of doubt, at any time on or prior to the Delayed Draw Term Loan Termination Date (x) the U.S. Equipment Component and the Canadian Equipment Component shall exclude any Eligible Capex Equipment that is the subject of a Delayed Draw Financed Capital Expenditure and (y) the U.S. Real Estate Component and the Canadian Real Estate Component shall exclude any Eligible Capex Real Property that is the subject of a Delayed Draw Financed Capital Expenditure.

  • Notwithstanding the foregoing, until and including June 30, 2022, any Equipment that is the subject of Progress Payments and that, upon satisfaction of all required Progress Payments in connection therewith, would qualify as Eligible Capex Equipment, shall qualify as "Eligible Capex Equipment" during the period it is subject to Progress Payments.


More Definitions of Eligible Capex Equipment

Eligible Capex Equipment set forth in Section 1.1 of the Loan Agreement is amended and restated in its entirety, as follows:
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Eligible Capex Equipment means Equipment (i) that is purchased and fully paid for by Electric after May 31, 2003, but prior to December 31, 2004 for use solely at the facility owned by Electric and located at 0000 Xxxxxx Xxxxx, Xxxxxxxx-Lauderdale Industrial Park in Florence, Alabama, (ii) that is new and unused as of such date of purchase, (iii) that has not become affixed to the real property at such facility in Florence, Alabama (unless the same is and remains subject to a Mortgage) in a manner that would cause such Equipment to be considered a fixture and (iv) with respect to which Agent (for the benefit of the Lender Group) has a first-priority perfected Lien and which is not subject to any other Lien."
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Related to Eligible Capex Equipment

  • Eligible Equipment means, at any time of determination, Equipment owned by Borrower which Lender, in its sole discretion, deems to be eligible for borrowing purposes.

  • Load Control Equipment means the equipment (which may include, but is not limited to, ripple receivers and relays) that is from time to time installed in, over or on Consumer’s Premises for the purpose of receiving signals sent by Load Signalling Equipment and switching on and off, or otherwise controlling, controllable load;

  • Rental Equipment means the equipment identified on the Service Agreement and Order Schedule or otherwise notified to you in writing that we will rent to you as part of our provision of the Services and which you will return to us after expiry or termination of the Agreement, subject to the provisions of this Agreement.

  • Capital Equipment means machinery and equipment purchased or leased, and used in this state by the purchaser or lessee primarily for manufacturing, fabricating, mining, or refining tangible personal property to be sold ultimately at retail if the machinery and equipment are essential to the integrated production process of manufacturing, fabricating, mining, or refining. Capital equipment also includes machinery and equipment used primarily to electronically transmit results retrieved by a customer of an online computerized data retrieval system.

  • Qualified machinery and equipment means all new industrial

  • Eligible Finished Goods Inventory means Inventory that qualifies as Eligible Inventory and consists of first quality finished goods held for sale in the ordinary course of Borrower’s business.

  • Additional Equipment means equipment that is not factory fitted in the Vehicle, including but not limited to navigation equipment (GPS), baby seat, bicycle rack etcetera;

  • Excluded Equipment means, at any date, any equipment or other assets of the Borrower or any Guarantor which is subject to, or secured by, a Capitalized Lease Obligation or a purchase money obligation if and to the extent that (i) a restriction in favor of a Person who is not Holdings or any Restricted Subsidiary of Holdings contained in the agreements or documents granting or governing such Capitalized Lease Obligation or purchase money obligation prohibits, or requires any consent or establishes any other conditions for or would result in the termination of such agreement or document because of an assignment thereof, or a grant of a security interest therein, by the Borrower or any Guarantor and (ii) such restriction relates only to the asset or assets acquired by the Borrower or any Guarantor with the proceeds of such Capitalized Lease Obligation or purchase money obligation and attachments thereto, improvements thereof or substitutions therefor; provided that all proceeds paid or payable to any of the Borrower or any Guarantor from any sale, transfer or assignment or other voluntary or involuntary disposition of such assets and all rights to receive such proceeds shall be included in the Collateral to the extent not otherwise required to be paid to the holder of any Capitalized Lease Obligations or purchase money obligations secured by such assets.

  • Farm equipment means equipment used directly for farming

  • Automatic tabulating equipment means apparatus that automatically examines

  • Inventory Reserves means such reserves as may be established from time to time by the Agent in its Permitted Discretion with respect to the determination of the saleability, at retail, of the Eligible Inventory, which reflect such other factors as affect the market value of the Eligible Inventory or which reflect claims and liabilities that the Agent determines will need to be satisfied in connection with the realization upon the Inventory. Without limiting the generality of the foregoing, Inventory Reserves may, in the Agent’s Permitted Discretion, include (but are not limited to) reserves based on:

  • Port Cargo Handling Equipment means rubber-tired gantry cranes, straddle carriers, shuttle carriers, and terminal tractors, including yard hostlers and yard tractors that operate within ports.

  • Stationary x-ray equipment means x-ray equipment which is installed in a fixed location.

  • Mobility enhancing equipment means equipment, other than durable medical equipment or a motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer, dispensed pursuant to a prescription, including repair or replacement parts for that equipment, that is all of the following:

  • Approved Location means (a) a storage terminal or facility located in the United States or Canada owned by the Borrower or a Subsidiary; or (b) other storage location located in the United States or Canada identified by the Borrower by notice to the Administrative Agent for which, if requested by the Administrative Agent, the Borrower has used commercially reasonable efforts to cause the owner, operator or landlord thereof to execute and deliver, a waiver of lien, subordination agreement or similar agreement in form and substance reasonably acceptable to the Administrative Agent with respect to any inventories of Petroleum Products stored at such terminal or facility.

  • Designated Equipment means either: (i) a server identified by serial number, or host I.D. on which the Licensed Materials are stored; or (ii) a computer or workstation, as identified by its serial number, host I.D. number or Ethernet address; to which the Licensed Materials are downloaded and Used only upon the issuance of a License Key. The Designated Equipment shall be of a manufacture, make and model, and have the configuration, capacity (i.e., memory/disk), operating software version level, and pre- requisite and co-requisite applications, prescribed in the Documentation as necessary or desirable for the operation of the Software.

  • Inventory Appraisal means (a) on the Closing Date, the appraisal prepared by Great American Group dated January 22, 2008 and (b) thereafter, the most recent inventory appraisal conducted by an independent appraiser firm pursuant to Section 9.2(b).

  • Service Equipment means any equipment, Software, systems, cabling and facilities provided by or on behalf of Verizon and used to facilitate provision of the Services at a Customer Site. Ownership of the Service Equipment does not pass to Customer. Service Equipment does not include Verizon Facilities.

  • Stand Alone System Upgrade Facilities means System Upgrade Facilities that a Developer may construct without affecting day-to-day operations of the New York State Transmission System during their construction. NYISO, the Connecting Transmission Owner and the Developer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify them in Appendix A to this Agreement.

  • Existing Equipment means equipment, machines, devices or installations that are in operation prior to September 23, 1970.

  • Control equipment means equipment necessary for the setting and/or unsetting of an immobilizer.

  • Inventory Value has the meaning set forth in Section 2.1.

  • Operating Equipment means furniture, furnishings, special lighting fixtures, carpeting, draperies, decorations or other special finishing work, signs, appliances and trade fixtures and equipment that is furnished, installed or used by the Contractor in its operations on the Airport. It does not include Fixed Improvements, or repair or maintenance of Operating Equipment or Fixed Improvements or displays or decorations that are of a seasonal or temporary promotional nature.

  • New equipment means equipment for which, by the cut-off date, neither of the following events has occurred:

  • Eligible Aircraft has the meaning set forth in the second recital to the Note Purchase Agreement.

  • Inventory control system means a system described in Section 4-41a-103.