Excluded Portion definition

Excluded Portion has the meaning given to that term in the definition of “Mixed-Use Project”.
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Excluded Portion has the meaning given to such term in Section 4.1;
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Excluded Portion means all or any identified portion of the Prexy Segment, the Virginia Segment or the Jointly Owned Segment with respect to which the Borrower has certified, and the Independent Engineer has confirmed, (a) that the completion of such portion is not necessary to make any other portion of the Project (other than another Excluded Portion) Used and Useful; provided that, if the Borrower identifies the Jointly Owned Segment as an Excluded Portion, then the Virginia Segment shall not be subject to the requirement that it be Used and Useful, (b) that the failure by the Borrower to complete construction of such portion of the Project on or before the seventh anniversary of the Closing Date could not reasonably be expected to have a material adverse effect upon the business, operations, properties, assets or condition (financial or otherwise) of the Borrower and (c) as to (i) the aggregate amount of Loan proceeds that have been applied with respect to such Excluded Portion and (ii) if the Jointly Owned Segment is designated as an Excluded Portion, the aggregate amount of Loan proceeds that have been applied to any portion of the Proposed Virginia Segment (except to the extent such portion of the Proposed Virginia Segment is used as part of the Alternate Virginia Segment) (such amount, the “Excluded Portion Loan Amount”).
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Examples of Excluded Portion in a sentence

  • Any exclusion of an Excluded Portion shall be conducted in accordance with Applicable Laws, and the Excluded Portion will cease to be subject to this Agreement in accordance with the foregoing.

  • For clarity, the Optionor shall continue to hold and be the beneficial owner of any Excluded Portion, and the Optionee shall cease to have any claims or rights in respect thereof.

  • In such event, the Optionor will be entitled to receive from the Optionee, on request, a quit claim of any interest held by the Optionee of the Excluded Portion, together with copies of all plans, assay maps, drill records and factual engineering data in the Optionee’s possession and relevant thereto.


More Definitions of Excluded Portion

Excluded Portion means solely to the extent included in the determination of Net Income for such period, that portion of the PPP Loan expended by Borrower for Qualifying Expenses incurred during the fourth quarter of fiscal year 2020 of up to $1,699,820.00. 
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Excluded Portion shall have the meaning set forth in Section 2A.3(c) herein.
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Excluded Portion means at any time (i) the portion of the Aggregate Revolving Debt Exposure in excess of the Maximum Revolving Availability (such excess, the "Excluded Principal"); provided, that, the amount set forth in this clause (i) shall not include that portion of the Aggregate Revolving Debt Exposure that exceeds the Maximum Revolving Availability solely as a result of (A) a decline in the value of any Collateral, (B) any act or omission of the Borrower in violation of any Financing Agreement, (C) any other similar circumstance not caused by Agent or any Lender, (D) the imposition of any Availability Reserve by Agent, and (E) the charging to any loan account of Borrower maintained pursuant to this Agreement of regularly scheduled interest, fees, costs, expenses and other charges (provided that if any of the events described in clauses (A) through (E) above result in negative Net Availability, any additional Loans or Letter of Credit Accommodations provided by Agent and/or Lenders during such period while Agent has actual knowledge of negative Net Availability shall not be deemed excluded from the calculation of Excluded Principal); and (ii) any interest, charges, fees, costs, indemnities and expenses with respect to the Excluded Principal described in clause (i) of this definition.
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Excluded Portion means, collectively, any accrued and unpaid default interest as of the Filing Date provided for under subsection 1.2(C) of the Pre-Petition Loan Agreement or prepayment premiums as provided for under subsection 1.5(A) of the Pre-Petition Loan Agreement.
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Excluded Portion means, at any time, (i) the portion of the Aggregate Principal Exposure in excess of the Maximum WC Debt, provided that, the amount set forth in this clause (i) shall not include that portion of the Aggregate Principal Exposure that exceeds the Maximum WC Debt solely as a result of (A) a decline in the value of any Collateral, (B) any act or omission of any Obligor in violation of any Working Capital Loan Document, or (C) any other similar circumstance not caused by the Working Capital Agent or the Working Capital Lenders, provided that, if any of the events described in clauses (A) through (C) above result in the Aggregate Principal Exposure exceeding the Maximum W/C Debt, any additional loans, letter of credit accommodations or other financial accommodations provided by the Working Capital Agent or the Working Capital Lenders during such period while the Working Capital Agent has knowledge that the Aggregate Principal Exposure exceeds the Maximum W/C Debt shall not be excluded from the Excluded Portion, (ii) interest, charges, fees, costs, indemnities and expenses with respect to the portion of the Aggregate Principal Exposure described in clause (i) of this definition, and (iii) any early termination fee, prepayment fee or other similar fee payable pursuant to the Working Capital Loan Agreement, except to the extent such early termination fee, prepayment fee or other similar fee is payable to the Working Capital Lenders pursuant to Section 4(c) hereof. The amount of the Excluded Portion shall be determined on the date of the occurrence of a Release Event, immediately prior to the occurrence of such Release Event.
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Excluded Portion shall have the meaning set forth in Section 3.03.
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Related to Excluded Portion

  • Closed portion means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also “active portion” and “inactive portion”.)

  • Excluded Issuance means an issuance and sale of Qualified Capital Stock of Borrower, to the extent such Qualified Capital Stock is used, or the Net Cash Proceeds thereof shall be, within 45 days of the consummation of such issuance and sale, used, without duplication, to finance Capital Expenditures or one or more Permitted Acquisitions.

  • Inactive portion means that portion of a facility which is not operated after November 19, 1980. See also "active portion" and "closed portion".

  • Excluded Property shall have the meaning set forth in the Security Agreement.

  • Excluded Day shall have the meaning set forth in Section 2.3.1(b).

  • Permitted Transaction means any transaction involving (i) a Swap that is not a Required Transaction or (ii) a Required Transaction that is a component of a Covered Package Transaction.

  • Excluded Real Property (a) any Real Property that is subject to a Lien expressly permitted by Section 7.3(j) (solely to the extent that the Indebtedness secured by such Lien would prohibit a Lien on such Real Property to secure the Obligations) or Section 7.3(g) (solely to the extent securing Indebtedness under Sections 7.2(c) or 7.2(t)), (b) any Real Property with respect to which, in the reasonable judgment of the Borrower and the Administrative Agent, the cost of providing a mortgage on such Real Property in favor of the Secured Parties under the Security Documents shall be excessive in view of the benefits to be obtained by the Lenders therefrom and (c) any Real Property to the extent providing a mortgage on such Real Property would (i) result in material adverse tax consequences to Holdings or the Borrower or any of its Restricted Subsidiaries as reasonably determined by the Borrower (provided, that any such designation of Real Property as Excluded Real Property shall be subject to the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed)), (ii) violate any applicable Requirement of Law, (iii) be prohibited by any applicable Contractual Obligations (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code) to the extent such prohibition was not created in contemplation of a mortgage on such Real Property or (iv) give any other party (other than a Loan Party or a wholly-owned Subsidiary) to any contract, agreement, instrument or indenture governing such Real Property the right to terminate its obligations thereunder (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code or other applicable law) to the extent such right was not created in contemplation of a mortgage on such Real Property; provided that the Borrower may designate in a written notice to the Administrative Agent any Real Property not to constitute “Excluded Real Property”, whereupon the Borrower shall be obligated to comply with the applicable requirements of Section 6.8 as if it were newly acquired.

  • Available Excluded Contribution Amount means the aggregate amount of Cash or Cash Equivalents or the fair market value of other assets (as determined by the Borrower in good faith, but excluding any Cure Amount) received (or deemed received) by the Borrower or any of its Restricted Subsidiaries after the Closing Date from:

  • Excluded Cash means (a) any cash of the Loan Parties allocated for, reserved or otherwise set aside to pay (i) amounts then due and owing to unaffiliated third parties for which any of the Loan Parties have issued (or will issue within five (5) Business Days) checks or have initiated (or will initiate within five (5) Business Days) wires or ACH transfers in order to pay such amounts or (ii) the reasonably estimated balance of the purchase price and closing costs anticipated to be paid to unaffiliated third parties in connection with a “sign and close” purchase and sale agreement or other acquisition agreement for which any of the Loan Parties have issued (or will issue within five (5) Business Days) checks or have initiated (or will initiate within five (5) Business Days) wires or ACH transfers in order to pay such amounts, (b) cash allocated for, reserved or otherwise set aside for and solely used for (i) payroll or employee benefit payment obligations, (ii) the payment of severance and ad valorem taxes and other taxes of any Loan Party, and (iii) royalty and working interest payments, vendor payments and suspense payments owing to third parties, (c) cash collateral accounts with respect to letters of credit, (d) any cash or cash equivalents of any Loan Party (1) held in escrow by an unaffiliated third party and constituting purchase price deposits and/or (2) held by any Loan Party constituting the reasonably estimated balance of the purchase price and closing costs, in each case held in connection with a pending acquisition from an unaffiliated third party reasonably projected to close within the next succeeding sixty (60) days pursuant to a binding and enforceable purchase and sale agreement, and (e) any cash or cash equivalents of any Loan Party held by any Loan Party constituting the reasonably estimated amount of any cash distributions with respect to the Borrower’s Equity Interests that the Borrower intends to make to holders of its Equity Interests, in each case which distributions are expressly permitted pursuant to Section 9.04(d) and which distributions shall be made within the next succeeding thirty (30) days.

  • Excluded Debt means (i) intercompany Indebtedness between or among the Borrower and any of its Subsidiaries, (ii) credit extensions under the Existing Credit Agreement and the Existing Securitization Facility, (iii) (x) credit extensions under any Indebtedness of any Subsidiary of the Borrower arising from cash pooling and related overdraft arrangements in the ordinary course of business and (y) credit extensions under any Indebtedness of any Subsidiary of the Borrower set forth on Schedule 1.01 (for the avoidance of doubt, excluding debt securities and syndicated credit facilities) and any refinancing, renewal, refunding, extension or replacement thereof (in each case, except to the extent constituting Indebtedness of the Borrower (other than a Guarantee by the Borrower) and excluding debt securities and syndicated credit facilities) in an aggregate principal amount not to exceed the refinanced, renewed, refunded, extended or replaced funded amount thereof plus accrued and unpaid interest or premiums thereon and fees and expenses incurred in connection therewith plus (without duplication) an amount equal to any commitment unutilized thereunder and (iv) other Indebtedness (other than debt securities and syndicated credit facilities) not included in clauses (i), (ii) and (iii) above in an outstanding aggregate principal amount not to exceed $150,000,000; provided, further, in no event shall any Indebtedness (other than credit extensions pursuant to immediately preceding clause (ii)) which gives effect (whether in whole or in part) to the refinancing, renewal, refunding, extension or replacement of the Borrower’s existing 6.625% Notes due 2016 constitute “Excluded Debt”.

  • Excluded Stock means:

  • Excluded Equity means any Voting Stock in excess of 66% of the total outstanding Voting Stock of any direct Subsidiary of any Grantor that is a Non-U.S. Person. For the purposes of this definition, “Voting Stock” means, as to any issuer, the issued and outstanding shares of each class of capital stock or other ownership interests of such issuer entitled to vote (within the meaning of Treasury Regulations § 1.956-2(c)(2)).

  • Excluded Transfer means any transfer of VRDP Shares (1) to a TOB Trust in which BANA and/or its Affiliates collectively own all of the residual interests, (2) in connection with a distribution in-kind to the holders of securities of or receipts representing an ownership interest in any TOB Trust in which BANA and/or its Affiliates collectively own all of the residual interests, (3) in connection with a repurchase financing transaction or (4) relating to a collateral pledge arrangement.

  • Disposition Date shall have the meaning ascribed thereto in Subsection 5.1(d);

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

  • Excluded Asset means any asset of any Grantor excluded from the security interest hereunder by virtue of Section 2.2 hereof but only to the extent, and for so long as, so excluded thereunder.

  • Excluded Properties the collective reference to the fee or leasehold interest in real properties owned by the Parent Borrower or any of its Subsidiaries not described in Schedule 5.8.