Excluded Disposition definition
Excluded Disposition means the sale, transfer, or other disposition of (a) any motor vehicles or other equipment no longer used or useful in the business of the Borrower or any of its Restricted Subsidiaries, (b) any inventory, materials and other assets in the ordinary course of business and on ordinary business terms, and (c) Cash Equivalents described in clause (a) of the definition thereof.
Excluded Disposition means the Disposition of (i) an Investment Tax Credit or (ii) any motor vehicles or other equipment no longer used or useful in the business of the Company or any of its Subsidiaries to the extent the proceeds thereof are used to acquire similar replacement Property within a period of 30 days after the end of the fiscal quarter in which such Disposition was made.
Excluded Disposition the Disposition of any Tower to the extent that (a) the sum of (i) the Tower Cash Flow of such Tower for the twelve month period ending on the last day of the month most recently ended prior to such Disposition plus (ii) the aggregate Tower Cash Flow for such period of all other Towers Disposed of during such period does not exceed (b) 5% of Annualized Borrower EBITDA determined as of the end of the fiscal quarter most recently ended prior to such Disposition.
Examples of Excluded Disposition in a sentence
HVIF shall only withdraw Excluded Disposition Proceeds from the Series 2020-1 Principal Collection Account in amounts required to acquire new HVIF Vehicles as directed by the HVIF Administrator.
Any term or provision hereof to the contrary notwithstanding, at least 80% of the consideration received by the Borrower or any of its Subsidiaries in respect of any sale, disposition or other transfer permitted hereunder, other than any Excluded Disposition, shall be in cash.
The Developer will: not knowingly do or omit to do anything which shall amount to an Act of Circumvention; if the Developer makes a Disposition or Excluded Disposition to a Connected Party deem the Disposition or Excluded Disposition to be at the Open Market Value for the relevant Disposition or Excluded Disposition at the time.
Any one or series of related transactions in which any Person conveys, sells, transfers or otherwise disposes of, directly or indirectly, any of its properties, businesses or assets (including the sale or issuance of capital stock of any Subsidiary other than to the Borrower or any Subsidiary) whether owned on the Closing Date or thereafter acquired, excluding, however, in each case, any Excluded Disposition.
Notwithstanding the foregoing, the Loan Parties shall not Dispose of CII or Texas Health Choice, or any of the respective assets of such entities, except in an Excluded Disposition.
More Definitions of Excluded Disposition
Excluded Disposition means the sale, transfer, or other disposition of (a) any motor vehicles or other equipment no longer used or useful in the business of the Parent or any of its Subsidiaries, (b) any inventory in the ordinary course of business and on ordinary business terms, (c) Permitted Investments described in clause (a) of the definition thereof and (d) “margin stock” within the meaning of Regulation U.
Excluded Disposition means, with respect to any Consolidated Party, any Disposition consisting of (a) the sale, lease, license, transfer or other disposition of Property in the ordinary course of such Consolidated Party’s business, (b) the sale, lease, license, transfer or other disposition of machinery and equipment no longer used or useful in the conduct of such Consolidated Party’s business, (c) any sale, lease, license, transfer or other disposition of Property by such Consolidated Party to any Loan Party, (d) if such Consolidated Party is an Excluded Subsidiary (other than CBT or any CBT Subsidiary), any sale, lease, license, transfer or other disposition of Property by such Consolidated Party to any other Excluded Subsidiary, (e) any sale, lease, license, transfer or other disposition of Property by CBT to a CBT Subsidiary, by a CBT Subsidiary to CBT, or among CBT Subsidiaries, (f) the sale, lease, transfer or other disposition of equipment that, in the aggregate for all such equipment during any fiscal year, has a fair market value or book value, which ever is greater, of not more than $1,000,000, (g) any Involuntary Disposition by such Consolidated Party, (h) any Disposition by such Consolidated Party constituting a Permitted Investment, (i) any Disposition of Transferred Assets by such Consolidated Party in connection with a Permitted Receivables Financing, (j) the sale or discount without recourse of delinquent accounts receivable or notes receivable for collection purposes, or the conversion or exchange of delinquent accounts receivable into or for notes receivable in connection with the compromise or collection thereof, each in the ordinary course of business and not intended to constitute a financing arrangement, (k) the disposition of cash or investment securities in the ordinary course of management of the investment portfolio of the applicable Consolidated Party, (l) any sale or granting of any interest in conduits, fibers, dark fiber or an indefeasible right to use dark fiber or fiber capacity, (m) subleases of real Property and licenses of Intellectual Property, in each case entered into in the ordinary course of business and not intended to constitute a financing arrangement, (n) any exchange of assets to the extent qualifying for like kind treatment under Section 1031 of the Code, (o) Dispositions effected on the Closing Date to accomplish the CyrusOne Reorganization and (p) any non-cash exchange of the Capital Stock of CyrusOne LP for the Capital Stock of ...
Excluded Disposition means a Disposition (a) of personal property not constituting Equity Interests to the extent that such personal property is not necessary for, or the Disposition thereof is not materially adverse to the ability of, the Person Disposing of such assets to operate the business in the same manner as operated on the Second Amendment Effective Date and made in the ordinary course of business, (b) of any property by one member of the Consolidated Group to another member thereof (excluding Dispositions made at any time during the Covenant Waiver Period to a Person that is not a Wholly Owned Subsidiary) or (c) that results from an Insurance and Condemnation Event occurring during the Covenant Waiver Period (solely to the extent that the Borrower shall have confirmed in writing to the Administrative Agent that the Borrower has a reasonable expectation to reinvest such Net Cash Proceeds from such Insurance and Condemnation Event in the restoration or rebuilding of the applicable affected asset).
Excluded Disposition means the sale, transfer, or other disposition of (a) any motor vehicles or other equipment no longer used or useful in the business of the Parent Guarantor or any of its Subsidiaries, (b) any inventory in the ordinary course of business and on ordinary business terms, (c) Permitted Investments described in clause (a) of the definition thereof and (d) “margin stock” within the meaning of Regulation U.
Excluded Disposition means any Disposition permitted under one of the specified clauses of Section 7.04 (other than clause (b) thereof).
Excluded Disposition means any (i) unwinding of Hedging Agreements, (ii) Disposition of accounts receivable as part of collection, (iii) sale of inventory or other assets in the ordinary course of business, (iv) sales or dispositions among the Borrower and/or its Subsidiaries and (v) Disposition having Net Cash Proceeds, which do not exceed $25,000,000 (or the Sterling Equivalent thereof) for any transaction or series of related transactions and $250,000,000 (or the Sterling Equivalent thereof) in the aggregate.
Excluded Disposition any Disposition consisting of (a) the sale, lease, license, transfer or other disposition of Property in the ordinary course of such Consolidated Party's business, including, without limiting the generality of the foregoing, (i) Dispositions in connection with scheduled turnarounds, maintenance, and equipment and facility upgrades and (ii) Dispositions of Inventory, (b) the sale, lease, license, transfer or other disposition of obsolete or worn out property whether now owned or hereafter acquired, (c) any sale, lease, license, transfer or other disposition of Property by such Consolidated Party to any Obligor, provided that Obligors shall cause to be executed and delivered such documents, instruments and certificates as Agent may reasonably request so as to cause Obligors to be in compliance with the terms of Section 9.1.13 after giving effect to such transaction, (d) any Involuntary Disposition by such Consolidated Party or in respect of such Consolidated Party's Property, (e) any Disposition by such Consolidated Party constituting a Permitted Investment, (f) if such Consolidated Party is not an Obligor, any sale, lease, license, transfer or other disposition of Property by such Consolidated Party to any Consolidated Party that is not an Obligor, (g) Dispositions of equipment or real property to the extent that replacement property is acquired substantially contemporaneously with such Disposition, (h) dispositions of vehicles, small equipment, computer hardware and computer software and (i) the sale, lease, license, transfer, pledge or other disposition of any metal or other element, composite or alloy used as, or part of, a catalyst in the operation of the refinery assets of any Consolidated Party.