Excluded Distributions has the meaning specified in Section 3.03(a)(xiv).
Excluded Distributions means any (i) amounts permitted to be paid to the Borrower pursuant to Section 7.22 of the Xxxx Las Vegas Credit Agreement in respect of management fees or other amounts applied to pay or reimburse management fees, (ii) amounts permitted to be paid to the Borrower pursuant to Section 7.10(c) of the Xxxx Las Vegas Credit Agreement or other amounts applied to reimburse the Borrower for, or fund the payment of, overhead expenses incurred by the Borrower or its Affiliates, (iii) royalties and amounts in respect of overhead expenses similar to those described in clause (ii), including those permitted to be paid by Wynn Resorts Macau to the Borrower pursuant to Section 6.1 of Part B of Schedule 5 of the Common Terms Agreement described in the definition of Xxxx Macau Credit Agreement, (iv) dividends, distributions and other amounts paid or advanced by Subsidiaries of the Borrower to the Borrower and used to pay interest and other amounts in respect of the Loans, Permitted Subordinated Indebtedness or the Convertible Notes, (v) dividends, distributions and other amounts paid or advanced by Wynn Resorts Macau consisting of cash or Cash Equivalents in an aggregate amount not to exceed $545,000,000, (vi) amounts received by the Borrower or its Subsidiaries from the future sale of any Permit or the ability to use any Permit or a portion of the rights granted under any Permit so long as such sale will not prevent, to any material extent, the Borrower or any Subsidiary thereof from conducting its business in the same manner as prior to such sale or will have any other adverse effect on the Borrower or any Subsidiary thereof or their operations, (vii) dividends, distributions and other amounts paid or advanced to the Borrower or any Restricted Subsidiary thereof and used to fund a Permitted Loan Purchase or make payments of fees and expenses in respect of a Permitted Loan Purchase and (viii) other dividends, distributions and other amounts paid or advanced to the Borrower or any Restricted Subsidiary thereof in an aggregate principal amount during the term of this Agreement not to exceed $500,000,000.”
Excluded Distributions means Restricted Junior Payments in the form of dividends or similar distributions on the capital stock of Company made after the Fifth Amendment Effective Date in an aggregate amount not exceeding $60,000,000."
Examples of Excluded Distributions in a sentence
The Administrator will receive all cash distributions (other than Excluded Distributions) paid by the Company with respect to Shares of Participants (collectively, the “Distributions”).
As used in this Plan, the term “Excluded Distributions” shall mean those cash or other distributions designated as Excluded Distributions by the Company’s board of directors (the “Board”).
As used in this Plan, the term “Excluded Distributions” shall mean those cash or other distributions designated as Excluded Distributions by the Board.
The Administrator will receive all cash distributions (other than Excluded Distributions) paid by the Company or an Affiliated Participant with respect to Shares of Participants (collectively, the “Distributions”).
As used in this Plan, the term “Excluded Distributions” shall mean those cash or other distributions designated as Excluded Distributions by the Company’s Board of Directors (the “Board”).
More Definitions of Excluded Distributions
Excluded Distributions means any issuances of Image common stock by Image pursuant to its benefit plans, pre-existing conversion, anti-dilution or other rights outstanding as of the date hereof, or issuances of rights or shares of Image common stock in connection with the financing of the acquisition of the Business by Buyer and related expenses.
Excluded Distributions has the meaning provided in Section 5.3.
Excluded Distributions means any (i) amounts permitted to be paid to the Borrower pursuant to Section 7.22 of the Wynn Las Vegas Credit Agreement in respect of management fees or other amounts applied to pay or reimburse management fees, (ii) amounts permitted to be paid to the Borrower pursuant to Section 7.10(c) of the Wynn Las Vegas Credit Agreement or other amounts applied to reimburse the Borrower for, or fund the payment of, overhead expenses incurred by the Borrower or its Affiliates, (iii) royalties and amounts in respect of overhead expenses similar to those described in clause (ii), including those permitted to be paid by Wynn Resorts Macau to the Borrower pursuant to Section 6.1 of Part B of Schedule 5 of the Common Terms Agreement described in the definition of Wynn Macau Credit Agreement, (iv) dividends, distributions and other amounts paid or advanced by Subsidiaries of the Borrower to the Borrower and used to pay interest and other amounts in respect of the Loans, Permitted Subordinated Indebtedness or the Convertible Notes, (v) dividends, distributions and other amounts paid or advanced by Wynn Resorts Macau consisting of cash or Cash Equivalents in an aggregate amount not to exceed $545,000,000, (vi) amounts received by the Borrower or its Subsidiaries from the future sale of any Permit or the ability to use any Permit or a portion of the rights granted under any Permit so long as such sale will not prevent, to any material extent, the Borrower or any Subsidiary thereof from conducting its business in the same manner as prior to such sale or will have any other adverse effect on the Borrower or any Subsidiary thereof or their operations, (vii) dividends, distributions and other amounts paid or advanced to the Borrower or any Restricted Subsidiary thereof and used to fund a Permitted Loan Purchase or make payments of fees and expenses in respect of a Permitted Loan Purchase and (viii) other dividends, distributions and other amounts paid or advanced to the Borrower or any Restricted Subsidiary thereof in an aggregate principal amount during the term of this Agreement not to exceed $500,000,000.”
Excluded Distributions means distributions from Operating Borrower to Pledgor, prior to foreclosure of Collateral Agent’s Lien on the Pledged Collateral, conveyance in lieu of foreclosure or Administrative Agent (or a third party as a result of Administrative Agent having exercised its remedies under Sections 8 and 9 hereof) having acquired Pledgor’s Equity Interests, in each case for an on behalf of Lender, to the extent that such distributions do not constitute Collateral.
Excluded Distributions means Distributions solely between or among the Borrower and/or one or more of its Wholly-Owned Subsidiaries and Distributions which are payments of principal, interest and other amounts under the Subordinated Debt Facilities as provided hereunder.
Excluded Distributions means one or more of the following:
Excluded Distributions means any payment or distribution of assets of any Borrower authorized by an unstayed, final, non-appealable order or decree stating that effect is being given to the subordination of the Junior Obligations to the Senior Obligations, and made by a court of competent jurisdiction in a Bankruptcy Case, or of securities which, if debt securities, are subordinated, with respect to payments and liens, to at least the same extent as the Junior Obligations are to (A) the Senior Obligations or (B) any securities issued in exchange for Senior Obligations; providedthat, (i) the final maturity of such securities shall not be any earlier than one (1) year following the maturity date of the last to mature of the Senior Obligations (or such securities issued in exchange for the Senior Obligations) at the time outstanding and (ii) such securities shall contain covenants which are no more restrictive than the covenants contained in each of the Senior Loan Documents.