Excluded Sale definition

Excluded Sale means, with respect to any Receivable, the initial Outstanding Balance of such Receivable to the extent that each of the following conditions are currently satisfied with respect thereto: (i) the invoice with respect to such Receivable was an Erroneous Invoice, (ii) the invoice with respect to such Receivable was cancelled and replaced with a Rebilled Invoice, (iii) the principal balance of the Rebilled Invoice is the same as the principal balance of the Erroneous Invoice, (iv) neither the Erroneous Invoice nor the Rebilled Invoice is with respect to any Excluded Receivable and (v) the Obligor of the Rebilled Invoice is the same Obligor of the Erroneous Invoice or an Affiliate thereof.

Excluded Sale means any sale (i) relating to or resulting from a foreclosure, or a deed in lieu of foreclosure; or (ii) a sale relating to a condemnation by a governmental authority.

Excluded Sale means any sale of Shares made, proposed or agreed by any Party and/or one or more of its Associates in connection with:

Examples of Excluded Sale in a sentence

• If, during the ROFO Term, Tenant elects to market the Leasehold for sale, other than an Excluded Sale (defined below), then, prior to listing, marketing or selling the Leasehold, Tenant shall notify Landlord of the purchase price and any other terms which Tenant is willing to accept for the sale of the Leasehold, as determined in Tenant’s sole discretion (“Tenant’s Notice”).

• Additionally, if the restrictions specified in Section 3(b) are in effect, whenever a Management Holder makes a transfer of shares of Common Stock in a negotiated private transaction (i.e., other than an Excluded Sale), such shares of Common Stock shall contain a legend so as to inform any transferee that such shares of Common Stock were held originally by a Management Holder and are subject to repurchase pursuant to Section 6 below based on events relating to such Management Holder.

• Incidental interactions between Purchaser and Seller’s leasing agents or maintenance personnel during the ordinary course of the entry of Purchaser onto the Property in Exhibit M, List of Existing Loan Documents M-12 connection with the Property Investigations shall not be deemed to violate this Section 4.9 so long as such incidental interactions are immaterial in nature and are substantively unrelated to the content of any Property Investigation.

• Further, in the event there is an Excluded Sale related to a foreclosure or a transfer of a deed in lieu of foreclosure, then this Agreement shall automatically terminate and be of no further force and effect.

• In accordance with the Plan, (a) the Residual REMIC Certificates and all insurance policies shall constitute the Excluded Sale Debtor Assets and (b) $5,000,000.00, $4,000,000.00 of which shall be transferred to the DOF Escrow Account on the Effective Date, shall constitute the Reorganized Sale Debtors Capitalization Amount.

More Definitions of Excluded Sale

Excluded Sale is amended to replace the number "$75,000,000" with the number "$50,000,000" and to replace the words ", the aggregate fair market value of which dispositions under (y) does not exceed $50,000,000" with the words "(other than Hitachi-Xxxxxx Chemical Products Inc.),".

Excluded Sale means (x) any negotiated sale of Purchase Agreement Shares in which the purchaser expressly agrees, in a written instrument expressly for the benefit of the Company, to abide by the limitations set forth in this Section 2.4 with respect to the Purchase Agreement Shares sold in such negotiated sale, it being further understood and agreed (for the avoidance of doubt) that any public sales of any such Purchase Agreement Shares by such purchaser (other than any Excluded Sale) shall be taken into account in determining whether sales by other Holders of Purchase Agreement Shares (subsequent to any such re-sales) are in compliance with this Section 2.4, or (y) any sale of any Purchase Agreement Shares in any tender, exchange or similar offer.

Excluded Sale means (x) sales of production in the ordinary course of business, (y) sales of items of equipment in the ordinary course of business which are obsolete or otherwise no longer useful for such Person’s operations, and (z) sales of assets in an amount, when added to the total amount of all sales of assets made by the Borrower and its Restricted Subsidiaries during the immediately preceding six month period pursuant to this clause (z) shall not exceed twenty (20%) percent of the assets of the Borrower and its Restricted Subsidiaries as of the first day of such six month period. “Net Asset Sale Proceeds” shall mean the cash payments (including any cash received by way of deferred payment pursuant to, or by monetization of, a note receivable or otherwise, but only as and when so received) received from such asset sale, net of any bona fide direct costs reasonably incurred in connection with such asset sale such as any reasonable brokerage fees, commissions and other similar expenses relating to such asset sale.

Excluded Sale means a transaction:

Excluded Sale means any Sale after February , 2001 which is any of (i) a Public Sale, (ii) a Sale pursuant to Rule 144 under the Securities Act or (iii) a distribution by Capricorn of Common Shares to its investors.

Excluded Sale means any Sale after February __, 2001 which is any of (i) a Public Sale, (ii) a Sale pursuant to Rule 144 under the Securities Act or (iii) a distribution by Capricorn of Common Shares to its investors.

Excluded Sale means any sale of assets permitted pursuant to subdivision (f)(ii) of Section 8.07 the net proceeds of which to the Borrower and its Restricted Subsidiaries the Borrower shall be required to apply (or cause to be applied) as provided in said subdivision.