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;

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”).

Examples of Excluded Portion in a sentence

On or prior to the Closing Date, PWR shall transfer certain assets identified on Schedule 5.9 (together with the Excluded Portion of the DeSoto Facility and the Canoga Park Facility, the “Excluded PWR Assets”) to the Seller or an Affiliate of the Seller, and shall take all other actions which, in the reasonable discretion of the Seller, are necessary to carry out the foregoing transfers.
For the avoidance of doubt, neither the Separately Financed Facilities nor any Excluded Portion shall be deemed to be “investments” for the purposes of the Financing Documents.
In connection with the foregoing, PWR shall consent to a purchase and sale agreement between Seller and any other third party to whom Seller intends to sell the Excluded Portion of the DeSoto Facility; provided, that PWR shall have no obligation or cost with respect to such third party other than to perform its obligations as the owner of the DeSoto Facility in order to effectuate the transactions contemplated by the DeSoto ▇▇▇▇▇▇▇▇ Agreements.
The Borrower shall certify that (i) it has access to sufficient funds to complete the Project (other than any Excluded Portion and the portion of the Jointly Owned Segment to be financed by Dominion) and any Separately Financed Facility with respect to which it has commenced construction and (ii) it reasonably expects to achieve Completion of the Project (other than any Excluded Portion) prior to the seventh anniversary of the Closing Date.
Agent and Lenders agree to waive any interest they may have in the Excluded Portion of the Manitoulin.
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.
Tenant agrees to vacate the Excluded Premises within seven (7) days after the Landlord requests that they do so, and Landlord agrees to complete all construction as soon as practicable thereafter, provided that the Premises shall be reduced by the Excluded Portion on April 1, 2010 regardless of whether construction is completed or not.
Tenant may obtain a conditional use permit on the Leased Premises required for the use, provided that Tenant shall first obtain Lessor’s prior written consent to do so, and further provided that in no event shall the potential conditional use permit interfere or otherwise constrain Landlord’s current or future primary use of the Excluded Portion.
The portion of any Excluded Portion previously excluded from the calculation of Adjusted Cash Flow and to be added back into such calculation one year or two years, as the case may be, after being excluded.
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.

More Definitions of Excluded Portion

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.

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.

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.

Excluded Portion shall have the meaning set forth in Section 2A.3(c) herein.

Excluded Portion shall have the meaning set forth in Section 3.03.

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.