Excluded Investment means (i) any Investment in the Company, any Restricted Subsidiary or any Person which, as a result of such Investment, (a) becomes a Restricted Subsidiary or (b) is merged or consolidated with or into, or transfers or conveys substantially all of its assets to, or is liquidated into, the Company or any Restricted Subsidiary; (ii) Indebtedness of the Company owing to a Restricted Subsidiary, Indebtedness of a Restricted Subsidiary owing to another Restricted Subsidiary, or guarantees by a Restricted Subsidiary of Subordinated Indebtedness, Additional Unsecured Indebtedness or Bridge Indebtedness; (iii) Investments in any of the Subordinated Indebtedness, Additional Unsecured Indebtedness or Bridge Indebtedness; (iv) Temporary Cash Investments; (v) Investments acquired by the Company or any Restricted Subsidiary in connection with an asset sale permitted by Subordinated Indebtedness, Additional Unsecured Indebtedness or Bridge Indebtedness to the extent such Investments are non-cash proceeds; (vi) any Investment to the extent the consideration therefor consists of Qualified Capital Stock of the Company or any Restricted Subsidiary; (vii) Investments representing Capital Stock or obligations issued to the Company or any Restricted Subsidiary in the ordinary course of the good faith settlement of claims against any other Person by reason of a composition or readjustment of debt or a reorganization of any debtor or any Restricted Subsidiary; (viii) prepaid expenses advanced to employees in the ordinary course of business or other loans or advances to employees in the ordinary course of business not to exceed $1.0 million in the aggregate at any one time outstanding; (ix) Investments in existence on May 9, 2013; (x) deposits, including interest-bearing deposits, maintained in the ordinary course of business in banks or with floor plan lenders; endorsements for collection or deposit in the ordinary course of business by such Person of bank drafts and similar negotiable instruments of such other Person received as payment for ordinary course of business trade receivables; (xi) Investments acquired in exchange for the issuance of Capital Stock (other than Redeemable Capital Stock or Preferred Stock) of the Company or acquired with the net cash proceeds received by the Company after the date of this Agreement from the issuance and sale of Capital Stock (other than Redeemable Capital Stock or Preferred Stock); provided that such net cash proceeds are used to make su...
Excluded Investment means an Approved Financing which Administrative Agent has determined does not meet the criteria for inclusion in the Borrowing Base, including, without limiting the foregoing, any Approved Financing: (i) which is not owned by Applicable Borrower Subsidiary; (ii) which is not subject to a first priority and perfected security interest in favor of Collateral Agent, or (iii) was acquired, in part, with advances or other funding provided under an Intercompany Loan and such Intercompany Note has been sold, assigned (other than to Related Borrower) or otherwise disposed of or is revoked, cancelled, rescinded or otherwise ceases to be in full force and effect.
Excluded Investment means (i) any Investment in the Company, any Restricted Subsidiary or any Person which, as a result of such Investment, (a) becomes a Restricted Subsidiary or (b) is merged or consolidated with or into, or transfers or conveys substantially all of its assets to, or is liquidated into, the Company or any Restricted Subsidiary; (ii) Indebtedness of the Company owing to a Restricted Subsidiary, Indebtedness of a Restricted Subsidiary owing to another Restricted Subsidiary, or guarantees by a Restricted Subsidiary of the Indenture Notes; (iii) Investments in any of the Indenture Notes; (iv) Temporary Cash Investments; (v) Investments acquired by the Company or any Restricted Subsidiary in connection with an asset sale permitted by any Indenture to the extent such Investments are non-cash proceeds; (vi) any Investment to the extent the consideration therefor consists of Qualified Capital Stock of the Company or any Restricted Subsidiary; (vii) Investments representing Capital Stock or obligations issued to the Company or any Restricted Subsidiary in the ordinary course of the good faith settlement of claims against any other Person by reason of a composition or readjustment of debt or a reorganization of any debtor or any Restricted Subsidiary; (viii) prepaid expenses advanced to employees in the ordinary course of business or other loans or advances to employees in the ordinary course of business not to exceed $1.0 million in the aggregate at any one time outstanding; (ix) Investments in existence on May 9, 2013; (x) deposits, including interest-bearing deposits, maintained in the ordinary course of business in banks or with floor plan lenders; endorsements for collection or deposit in the ordinary course of business by such Person of bank drafts and similar negotiable instruments of such other Person received as payment for ordinary course of business trade receivables; (xi) Investments acquired in exchange for the issuance of Capital Stock (other than Redeemable Capital Stock or Preferred Stock) of the Company or acquired with the net cash proceeds received by the Company after the date of this Agreement from the issuance and sale of Capital Stock (other than Redeemable Capital Stock or Preferred Stock); provided that such net cash proceeds are used to make such Investment within 10 days of the receipt thereof; (xii) Investments in prepaid expenses, negotiable instruments held for collection and lease, utility and worker’s compensation, performance and other...
Examples of Excluded Investment in a sentence
The Stock Award and Common Units are prescribed capital markets products (as defined in the Securities and Futures (Capital Markets Products) Regulations 2018) and Excluded Investment Products (as defined in MAS Notice SFA 04-N12: Notice on the Sale of Investment Products and MAS Notice FAA-N16: Notice on Recommendations on Investment Products).
The Awards are prescribed capital markets products (as defined in the Securities and Futures (Capital Markets Products) Regulations 2018) and Excluded Investment Products (as defined in MAS Notices SFA 04-N12 and FAA-N16).
Concurrently with delivery of the items set forth in Section 5.03(b) and (c), the delivery to the Administrative Agent of a list of all Investment Assets (other than Excluded Investment Assets) and financial information in respect of all Investment Assets (other than Excluded Investment Assets), in form and detail satisfactory to the Administrative Agent.
More Definitions of Excluded Investment
Excluded Investment means (i) any Investment in the Company, any Restricted Subsidiary or any Person which, as a result of such Investment,
Excluded Investment means each security or other investment of any one or more of the Loan Parties listed as an “Excluded Investment” on Schedule 3.4 to the Security Agreement.
Excluded Investment has the meaning specified in Section 8.3.
Excluded Investment means an Approved Financing which does not meet the criteria for inclusion in the Borrowing Base, including, without limiting the foregoing, any Approved Financing: (i) which is not owned by a Borrower or Land Lease Borrower; or (ii) which is not subject to a First Priority Lien.
Excluded Investment shall have the meaning giving to it in section 8.15.
Excluded Investment means any Investment by any member of the Group in respect of which there exists a shareholders agreement or similar arrangement which restricts the grant of Transaction Security over such Investment by the relevant member of the Group and any other Investment which:
Excluded Investment means (a) an Investment Opportunity involving an expected Investment Amount of less than the Investment Threshold, (b) the acquisition of the stock or other equity ownerships of a Person if the primary purpose of the acquisition is other than the Investment Agreement between FC Diversified Holdings LLC, FirstCity Servicing Corporation and Värde Investment Partners, L.P. dated June 29, 2010 acquisition of distressed assets or investments, (c) any distressed loan portfolio investment opportunity presented to FC Diversified or a FirstCity Affiliate by a third-party investor, provided a FirstCity Affiliate is presently participating in such loan portfolio investment opportunity, (d) investments or loans made by American Business Lending, Inc., FirstCity Denver Investment, Inc., FirstCity Denver Investment Corp. (or any other FirstCity Affiliate formed with Crestone Principal Investors LLC or its Affiliates), FirstCity Mexico, S.A. de C.V, FirstCity Investimentos Ltda., HMCS Investment GmbH, HMCS Real Estate GmbH, MCS et Associes, SA, Servicios Integrales de Cobranza, S.A. Chile, UBN, SAS or any entity in which one or more of those Persons own 50% or more of the equity interests of such entity, provided such distressed loan portfolios and similar assets is not offered or available to any other FirstCity Affiliate, (e) any product for which Värde shall have delivered to FC Diversified a negative Transaction Response or a Värde Withdrawal Notice, or failed to deliver a Transaction Response on or before the Transaction Response Date, from and after the date of delivery of such response or notice to FC Diversified, or after the Transaction Response Date, as applicable; provided that if any FirstCity Affiliate presents any such Excluded Investment to Värde in a Transaction Notice, the Excluded Investment included in the Transaction Notice shall constitute an Investment for all purposes of this Agreement, but only as to that Investment Opportunity and any resulting Acquisition related to that Investment Opportunity, (f) any real estate that is to be occupied by a FirstCity Affiliate for operational (as opposed to investment) purposes; and (g) Investment Opportunities that are exercised by one or more Key Principals solely for their personal account.