Excluded Instruments definition
Excluded Instruments shall have the meaning assigned to such term in Section 2.01(b).
Excluded Instruments has the meaning set forth in Section 3.04(b).
Excluded Instruments has the meaning set forth in Section 4.9.
Examples of Excluded Instruments in a sentence
Except with respect to Excluded Instruments, if any Credit Party shall at any time hold or acquire any Instruments (other than checks received and processed in the ordinary course of business) or Tangible Chattel Paper evidencing an amount in excess of $5,000,000, such Credit Party shall promptly endorse, assign and deliver the same to the Collateral Agent, accompanied by such instruments of transfer or assignment duly executed in blank as the Collateral Agent may from time to time reasonably request.
A separate transaction instruction is required from the Client in order for the Bank to take any advisory measure in respect of Excluded Instruments, unless otherwise provided by the custody account/cash account agreement and the related General Provisions, or the investment savings account agreement and the Special Terms and Conditions regarding Investment Savings Accounts.
The Client is therefore personally obliged to monitor the way in which different circumstances affect the Client’s Excluded Instruments.
More Definitions of Excluded Instruments
Excluded Instruments means the notes set forth on Schedule A attached hereto and each Promissory Note. Reference is made to (i) the First Lien Credit Agreement, dated as of November 3, 2014 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “First Lien Credit Agreement”), among SP HOLDCO I, INC., a Delaware corporation (“Holdings”), SURGERY CENTER HOLDINGS, INC., a Delaware corporation (the “Borrower”), the other guarantors party thereto from time to time, the lenders party thereto from time to time (together with their successors and assigns, the “First Lien Lenders”), JEFFERIES FINANCE LLC, as administrative agent (the “First Lien Administrative Agent”) and as collateral agent (the “First Lien Collateral Agent”), and JEFFERIES FINANCE LLC, as the issuing bank, and (ii) the Second Lien Credit Agreement, dated as of November 3, 2014 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Second Lien Credit Agreement” and, together with the First Lien Credit Agreement, the “Credit Agreements”), among Holdings, the Borrower, the other guarantors party thereto from time to time, the lenders party thereto from time to time (together with their successors and assigns, the “Second Lien Lenders” and, together with the First Lien Lenders, the “Lenders”), JEFFERIES FINANCE LLC, as administrative agent (the “Second Lien Administrative Agent” and, together with the First Lien Administrative Agent, the “Administrative Agents”) and as collateral agent (the “Second Lien Collateral Agent” and, together with the First Lien Collateral Agent, the “Collateral Agents”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the First Lien Credit Agreement. This note (“Note”) is the Global Intercompany Note referred to in the Credit Agreements and is subject to the terms thereof, and shall be pledged by each Holder pursuant to the applicable Security Agreement (as defined in each Credit Agreement), to the extent required pursuant to the terms thereof. Each Holder hereby acknowledges and agrees that the Administrative Agents and Collateral Agents may exercise all rights provided in the applicable Credit Agreement and the applicable Security Agreement with respect to this Note. Anything in this Note to the contrary notwithstanding, the indebtedness evidenced by this Note owed by any Issuer that is a Loan Party to any Holder that is not a Loan P...
Excluded Instruments shall have the meaning assigned to such term in Sec- tion 2.01(b). “Excluded Property” shall mean: (1) (x) all owned real property interests with a fair market value equal to or less than $10,000,000 (as reasonably determined by the Issuer in good faith) and (y) all leasehold interests in real property (it is understood that there shall be no requirement to obtain landlord waivers, es- toppels or collateral access agreements or acknowledgements, bailee waivers and similar letters); (2) motor vehicles and other assets subject to certificates of title (unless otherwise capable of perfection by filing a financing statement under the PPSA or UCC or similar filing in any applicable jurisdiction), letter of credit rights with an individual face amount not exceeding $5,000,000 (except to the extent constituting a supporting obligation for other Collateral as to which perfection of the security interest in such other Collateral is accomplished by the filing of a UCC or PPSA financing statement (or similar filing in any applicable jurisdiction) and commer- cial tort claims below $5,000,000; (3) any lease, license or other agreement or any property subject to a purchase mon- ey security interest, Capital Lease Obligation or similar arrangements permitted under the Inden- ture, the property subject thereto, any insurance in respect thereof, any management or operating agreement with respect thereto and deposits made in respect thereof and all rights in relation to any of the foregoing, in each case, to the extent that a grant of a security interest therein would violate or invalidate such lease, license or agreement, purchase money, capital lease or a similar arrangement or create a right of termination in favor of any other party thereto (other than the Is- ▇▇▇▇ or a Guarantor); (4) (x) Equity Interests which constitute Margin Stock, (y) Equity Interests in Unre- stricted Subsidiaries and (z) Equity Interests in any Person other than wholly-owned Subsidiaries to the extent the granting of a security interest is not permitted by law or the terms of such Sub- sidiary’s organizational, shareholders, acquisition, joint venture or governance documents (in- cluding as a result of minority ownership) or would trigger termination pursuant to any “change of control” or similar provision; (5) pledges and security interests (including in respect of interests in partnerships, joint ventures and other non-wholly owned entities) to the extent prohibited by law or prohibited by ag...
Excluded Instruments has the meaning given to that term in the 2016 Pledge and Security Agreement. Excluded Property has the meaning given to that term in the 2016 Pledge and Security Agreement. Fixtures means all fixtures and fittings (including trade fixtures and fittings) and fixed plant and machinery included in the Chargor's Mortgaged Property. Grantor has the meaning given to the term in the Intercreditor Agreement. Group means Concordia International Corp. and its Subsidiaries. Intellectual Property means any patents, trademarks, service marks, designs, business and trade names, copyrights, design rights, moral rights, inventions, confidential information, knowhow and other intellectual property rights and interests, whether registered or unregistered, and the benefit of all applications and rights to use such assets in which the Chargor may from time to time have an interest, provided that this shall not extend to (i) licences and sub-licences which under their terms prohibit the granting of security by the licensee or the licensor or (ii) any Excluded Property. Intercreditor Agreement means the New York law governed intercreditor agreement dated on or about the date of this Deed entered into by, among others, the Chargor, the Collateral Agent and ▇▇▇▇▇▇▇ Sachs Bank USA as Credit Agreement Collateral Agent. Investments means: (a) the Shares; and
Excluded Instruments has the meaning set forth in Section 4.9. “Final Tax Statements” has the meaning set forth in Section 8.4.2.3. “Fiscal Year” means (i) any twelve (12) month period commencing on January 1 and ending on December 31 or (ii) any portion of the period described in clause (i) of this sentence for which the Company is required to allocate Profits, Losses and other items of Company income, gain, loss or deduction pursuant to Article 4, subject to, in either case for tax matters, Section 706 of the Code. “GAAP” means U.S. generally accepted accounting principles, in effect as of the date of determination thereof.