Excluded Revenues means (i) any gratuity or sales charges added to a customer's bill, which are payable to Hotel employees, (ii) sales taxes, excisx xxxes, gross receipt taxes, admission taxes, entertainment taxes, tourist taxes or other similar taxes, (iii) proceeds from the sale or refinancing of the Hotel, (iv) abatement of taxes, (v) proceeds of insurance, except business interruption insurance and (vi) Telecom Revenues.
Excluded Revenues means an amount equal to the aggregate gross cash revenues, proceeds, receipts, reimbursements and credits during the Interim Period attributable to (i) any Excluded Asset or Sold Asset; or (ii) payments for goods or services provided by any Chesapeake Entity other than in connection with the Business that are incorrectly made to any member of the Company Group.
Excluded Revenues means (a) the sum of distributions to the Borrower in respect of (i) amounts contributed by an Investor in connection with the purchase (or contribution) of PV Systems in a Partnership Flip Structure, (ii) any Rent Prepayment, (iii) proceeds from upfront rebates, including any proceeds from refundable State tax credits, (iv) proceeds from upfront customer prepayments, (v) proceeds from the monetization of SRECs, (vi) proceeds from any Excluded System distributable to the applicable Partnership Managing Member or paid as rent to the applicable Lessor; minus (b) reductions of cash flow distributable to the applicable Partnership Managing Member or, solely to the extent the master lease has been terminated, to the applicable Lessor Managing Member in respect of (i) the proportionate share of costs incurred pursuant to any applicable operations and maintenance agreements with respect to Excluded Systems, (ii) the proportionate share of overhead expenses corresponding to Excluded Systems, to the extent such fees, costs and expenses are the responsibility of the Subject Fund outside of the fixed fees set forth the maintenance services agreement or administrative services agreement, as applicable, (iii) any extraordinary expenses corresponding to the collection of fees, removal or relocation or other expenses with respect to the such Excluded Systems, to the extent expenses are the responsibility of the Subject Fund outside of the fixed fees set forth the maintenance services agreement or administrative services agreement, as applicable, and (iv) any other expenses related to Excluded Systems; provided, that the aggregate amount of Excluded Revenues with respect to Excluded Systems for any Subject Fund shall not exceed five percent (5%) of Actual Net Cash Flows for such Subject Fund, and any amounts in excess of five percent (5%) of Actual Net Cash Flows for a Subject Fund shall be deposited in the Revenue Account.
Examples of Excluded Revenues in a sentence
If Manager receives Excluded Revenues, Manager shall immediately deposit same in an account designated by Owner.
No less frequently than once per calendar month, the Borrower shall deliver to the Administrative Agent an accounting of Excluded Revenues and Actual Net Cash Flows.
Notwithstanding the foregoing, the Administrative Agent shall have the right to audit the accounting of Excluded Revenues, and, to the extent that an error has been made with respect to the identification and deposit of funds as Excluded Revenues (“ Misdirected Revenues”), the Administrative Agent shall provide written notice of the amount of Misdirected Revenues, and provide the Borrower with the calculation thereof or otherwise explain the error.
The Borrower shall cause each Partnership Managing Member, Lessor Managing Member or Lessor of a Subject Fund to promptly distribute cash flows as per the requirements, and in accordance with, the distribution allocation of the Subject Fund; provided, that delays in distributions of any Excluded Revenues shall not be a breach of this Section 5.14.
The Company Group shall bear all Non-Income Taxes incurred with respect to any member of the Company Group and the Assets for all periods beginning after the Effective Time (but not including any Taxes based upon, attributable to, or resulting from a transaction described in Section 4.6 or with respect to the Excluded Assets, Excluded Entities or Excluded Revenues).
More Definitions of Excluded Revenues
Excluded Revenues means amounts received by the Borrower in respect of (a) contributions by the Borrower Member in connection with the purchase of Projects, (b) proceeds from monetization of SRECs and upfront rebates, including any proceeds from refundable State tax credits or proceeds from the Massachusetts SMART rebate program, (c) proceeds from any Excluded Project, (d) revenues from Deficient Projects or Cancelled Projects and (e) revenues from Projects that, at the time of purchase, would cause the Borrower to fail to satisfy the Credit Criteria, (f) [***] (g) [***]; provided that amounts received from Projects that caused the Borrower to fail to satisfy the Credit Criteria solely due to such Projects’ failure to receive a PTO Letter by a certain date shall not be Excluded Revenue after that date that such Projects receive a PTO Letter.
Excluded Revenues means amounts received by the Borrower in respect of (a) Equity Contributions, including in connection with the purchase of Projects, (b) any Extraordinary Receipts, (c) any proceeds of insurance with respect to any loss or recapture of investment tax credits, (d) any capital contribution or other payment by a Tax Equity Investor to Borrower or any Subsidiary of Borrower in connection with a Permitted Tax Equity Arrangement, (e) Cancelled Projects, (f) any indemnification payment made to Borrower or any Subsidiary of Borrower under any Acquisition Document or (g) any Non-Financed Assets.
Excluded Revenues means [***].
Excluded Revenues means any proceeds of Excluded Collateral.
Excluded Revenues means any revenues from condemnation or casualty proceeds, any cash advances from Owner or any partner of Owner, loss of rental insurance; refunds or rebates from suppliers or vendors, revenue from the sale of any personal or real property of Owner, late charges, cleaning fees, pet fees, deposits, or from any source other than the customary operations of the Apartment Complex.
Excluded Revenues means (a) the sum of distributions to the Borrower in respect of (i) capital contributions of a Borrower Subsidiary Party in connection with the purchase of PV Systems, (ii) proceeds from upfront rebates, including any proceeds from refundable State tax credits, (iii) proceeds from upfront customer prepayments, (iv) proceeds from the monetization of SRECs, and (v) proceeds from any Excluded System, minus (b) reductions of cash flow distributable to the applicable Borrower Subsidiary Party in respect of (w) the proportionate share of costs incurred pursuant to any applicable operations and maintenance agreements with respect to Excluded Systems, (x) the proportionate share of overhead expenses corresponding to Excluded Systems, to the extent such fees, costs and expenses are the responsibility of the applicable Subject Fund outside of the fixed fees set forth the maintenance services agreement or administrative services agreement, as applicable, (y) any extraordinary expenses corresponding to the collection of fees, removal or relocation or other expenses with respect to the such Excluded Systems, to the extent expenses are the responsibility of the applicable Subject Fund outside of the fixed fees set forth the maintenance services agreement or administrative services agreement, as applicable, and (z) any other expenses related to Excluded Systems; provided, that to the extent that the net amount of revenues that, but for this proviso, would constitute Excluded Revenues with respect to Excluded Systems for any Subject Fund, excluding any net Excluded Revenues of the types set forth in clauses (a)(i), (a)(iii) and (a)(iv) above, exceeds five percent (5%) of Actual Net Cash Flows for such Subject Fund, such excess shall not constitute Excluded Revenues.
Excluded Revenues means amounts received by the Borrower in respect of (a) contributions by the Borrower Member in connection with the purchase of Projects, (b) proceeds from monetization of SRECs and upfront rebates, including any proceeds from refundable State tax credits or proceeds from the Massachusetts SMART rebate program, (c) proceeds from any Excluded Project, (d) revenues from Deficient Projects or Cancelled Projects and (e) revenues from Projects that, at the time of purchase, would cause the Borrower to fail to satisfy the Credit Criteria, (f) [***] 4 and (g) [***] ; provided that amounts received from Projects that caused the Borrower to fail to satisfy the Credit Criteria solely due to such Projects’ failure to receive a PTO Letter by a certain date shall not be Excluded Revenue after that date that such Projects receive a PTO Letter.