ERISA Investor Excluded Items definition

ERISA Investor Excluded Items means, with respect to each ERISA Investor, any rights, titles, interests, remedies or privileges of Borrower:
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ERISA Investor Excluded Items means, with respect to each ERISA Investor, any rights, titles, interests, remedies or privileges of Fund and General Partner: (a) in and to the rights of such ERISA Investor in Fund (and any appurtenant rights thereunder), including such ERISA Investor’s membership interest therein, granted to Fund or General Partner to secure such ERISA Investor’s obligation to fund its Capital Commitment; (b) to debit or cause the transfer of funds from such ERISA Investor’s accounts at Xxxxxxx, Xxxxx & Co. LLC, Xxxxxxx Sachs International or any other Affiliate of Xxxxxxx Xxxxx & Co. LLC; (c) against such ERISA Investor under the LP Agreement; (d) to request or require such ERISA Investor to confirm the amount of, or to confirm its obligation to make payments in respect of, its uncalled Capital Commitments; (e) to require such ERISA Investor to forfeit or sell any portion of such ERISA Investor’s membership interests in Fund; and (f) to request or require such ERISA Investor to make payment for any Capital Call other than to an account of Fund. In no event (and notwithstanding anything to the contrary in this Agreement, whether or not expressed elsewhere) shall Administrative Agent pursue or realize on the Collateral with respect to any particular Defaulting Investor (including any amounts of capital called, such Collateral sold or disposed of or any other remedies pursued hereunder against such Collateral) in an amount in excess of, as of only a single Determination Date (specified by Administrative Agent), the lesser of (such lesser amount, the “Obligation Limitation Amount”):
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Related to ERISA Investor Excluded Items

  • Available Excluded Contribution Amount means the aggregate amount of Cash or Cash Equivalents or the fair market value of other assets (as determined by the Borrower in good faith, but excluding any Cure Amount) received (or deemed received) by the Borrower or any of its Restricted Subsidiaries after the Closing Date from:

  • Unrestricted Cash Amount means, as to any Person on any date of determination, the amount of (a) unrestricted Cash and Cash Equivalents of such Person whether or not held in an account pledged to the Collateral Agent and (b) Cash and Cash Equivalents of such Person restricted in favor of the Facilities (which may also include Cash and Cash Equivalents securing other Indebtedness secured by a Lien on any Collateral along with the Facilities), in each case as determined in accordance with GAAP; it being understood and agreed that proceeds subject to Escrow shall be deemed to constitute “restricted cash” for purposes of the Unrestricted Cash Amount.

  • Eligible Assets means shares of the Fund and such other assets as the Fund and BNYM may mutually agree.

  • Fitch Eligible Assets means the assets of the Company set forth in the Fitch Guidelines as eligible for inclusion in calculating the Agency Discounted Value of the Company’s assets in connection with Fitch’s ratings then assigned on any series of the MRP Shares.

  • Permitted Holder Group shall have the meaning assigned to such term in the definition of “Permitted Holders.”

  • Excluded Contribution means net cash proceeds, marketable securities or Qualified Proceeds received by the Company from:

  • Disqualified Equity Interests of any Person means any class of Equity Interests of such Person that, by its terms, or by the terms of any related agreement or of any security into which it is convertible, puttable or exchangeable, is, or upon the happening of any event or the passage of time would be, required to be redeemed by such Person, whether or not at the option of the holder thereof, or matures or is mandatorily redeemable, pursuant to a sinking fund obligation or otherwise, in whole or in part, in each case on or prior to the date that is 91 days after the Revolving Termination Date; provided, however, that any class of Equity Interests of such Person that, by its terms, authorizes such Person to satisfy in full its obligations with respect to the payment of dividends or upon maturity, redemption (pursuant to a sinking fund or otherwise) or repurchase thereof or otherwise by the delivery of Equity Interests that are not Disqualified Equity Interests, and that is not convertible, puttable or exchangeable for Disqualified Equity Interests or Indebtedness, will not be deemed to be Disqualified Equity Interests so long as such Person satisfies its obligations with respect thereto solely by the delivery of Equity Interests that are not Disqualified Equity Interests; provided, further, however, that any Equity Interests that would not constitute Disqualified Equity Interests but for provisions thereof giving holders thereof (or the holders of any security into or for which such Equity Interests are convertible, exchangeable or exercisable) the right to require the Borrower to redeem such Equity Interests upon the occurrence of a change of control occurring prior to the 91st day after the Revolving Termination Date shall not constitute Disqualified Equity Interests if such Equity Interests specifically provide that the Borrower will not redeem any such Equity Interests pursuant to such provisions prior to the Obligations (other than (x) (i) Cash Management Obligations and (ii) Obligations under Specified Swap Agreements not yet due and payable, and (y) contingent obligations not yet accrued and payable) having been paid in full, all Letters of Credit having been cash collateralized or otherwise back-stopped or having been terminated, and the Total Revolving Commitments having been terminated.