Excluded Payment definition

Excluded Payment means a payment, or a portion thereof, made by a company to the extent that it is reasonable to consider that—

Excluded Payment means any rights, liabilities, or obligations of the Transferor with respect to a Specified Payment;

Excluded Payment means (i) any indemnity payments paid or payable pursuant to the Lease to or in respect of the Owner Participant, its Affiliates, successors and permitted assigns and their directors, officers, employees, servants and agents or any corresponding payments, (ii) proceeds of public liability insurance in respect of the Equipment payable as a result of insurance claims made, or losses suffered, by the Owner Participant, which are payable directly to or in respect of the Owner Participant, or its Affiliates, successors and permitted assigns and their directors, officers, employees, servants and agents, respectively, for its own account, (iii) proceeds of insurance maintained with respect to the Equipment by the Owner Participant or any Affiliate thereof for its or their own account or benefit and permitted under the Lease, (iv) any interest that pursuant to the Loan Documents may from time to time accrue in respect of any of the amounts described in clauses (i) through (iii) above, (v) the proceeds from the enforcement of any right to enforce the payment of any amount described in clauses (i) through (iii) above (provided that the rights referred to in this clause (v) shall not be deemed to include the exercise of any remedies provided for in the Lease other than the right to xxx for specific performance of any covenant to make such payment or to xxx for damages in respect of the breach of any such covenant), and (vi) any right to exercise any election or option or make any decision or determination, or to give or receive any notice, consent, waiver or approval, or to take any other action in respect of, but in each case, only to the extent relating to, any Excluded Payments. Nothing herein is intended to limit or restrict any Lien granted to the Security Agent under any other Loan Document.

Examples of Excluded Payment in a sentence

• Notwithstanding any provision hereof, no Excluded Payment shall constitute security for any of the aforementioned obligations.

• Notwithstanding the foregoing, the Company Payment Collateral shall not include, and the Liens created under this Section 5.01(c) shall not encumber, any Excluded Payment Property of the Company.

• Notwithstanding the foregoing, the Company Payment Collateral shall not include, and the Liens created under this Section 2.01(c) shall not encumber, any Excluded Payment Property of the Company.

• Accordingly the remainder of this Section 3.9 shall apply where Astellas has deposited into the Joint Concentration Account any Excluded Payment.

• Each payment on any Payment Date of amounts received under Section 3.08 of the Indenture with respect to any Beneficial Interest Certificates shall be made by the Owner Trustee to the Certificateholders as of the Record Date for such Payment Date, and each payment of any Excluded Payment shall be made to the Certificateholders on the date of payment.

More Definitions of Excluded Payment

Excluded Payment means any amount (including any lease payment) received by any Issuer Group Member under or in respect of an Excluded Agreement or any other Excluded Property.

Excluded Payment has the meaning set forth in Section 5.17.

Excluded Payment. This term shall have the meaning set forth in Section 101 of the Indenture.

Excluded Payment has the meaning set forth in Section 2.1(b).

Excluded Payment means any indemnity payment or third party liability insurance payment payable to any Seller Indemnitee pursuant to the provisions of the Lease and/or the Deed of Novation or any payment due, accrued and payable to any Seller Indemnitee with respect to or relating to the period prior to Closing.

Excluded Payment means: (a) any repayment of a loan that was duly recorded on the financial records of both the party making and receiving the payment as the repayment of a loan; (b) any payment for the provision of goods or services on an arm’s lengths’ basis that was duly recorded on the financial records of both the party making and receiving the payment as such; and (c) any payment by KH or MD to CAM or any payment from CAM to the Seller which was documented in a resolution of the directors of the company making the payment and which resolution expressly (i) described the payment as a dividend; and (ii) included confirmation by the directors that the solvency test under section 56 of the BVI Business Companies Act, 2004 (as amended, the “Act”) was satisfied or, to the extent applicable, that the requirements of section 28 of Part IV of Schedule 2 of the Act were satisfied.

Excluded Payment have the meaning set forth in Section 4.6(d)(iii).