Excluded Site definition

Excluded Site means (a) any offices, bailees or business locations, including warehouses, containing less than Fifty Thousand Dollars ($50,000.00) in Borrower’s assets or property and (b) any site located at a data center operated by a third party at which Borrower exclusively co-locates computer gear and peripherals in the ordinary course of business.

Excluded Site means, at any time of determination, any Portfolio Site designated as or deemed to be an “Excluded Site,” or that is returned to one or more AT&T Parties after the Initial Closing pursuant to Sections 4.3(a), 4.5, 4.6, 4.7 or 4.9, in each case in accordance with the terms of this Agreement.

Excluded Site means, at any time of determination, any Portfolio Site designated as an “Excluded Site” in accordance with the terms of this Agreement.

Examples of Excluded Site in a sentence

• Except as to any Excluded Site, if Borrower intends to deliver any portion of the Collateral to a bailee, and Bank and such bailee are not already parties to a bailee agreement governing both the Collateral and the location to which Borrower intends to deliver the Collateral, then Borrower will first receive the written consent of Bank, and such bailee shall execute and deliver a bailee agreement in form and substance satisfactory to Bank in its reasonable discretion.

• Upon the designation of a Site as an Excluded Site in accordance with this Agreement, all references to such Site in the representations and warranties contained in this Agreement shall be deemed to have been deleted from and after the date of such designation.

• For the avoidance of doubt, no representation, warranty, or covenant is being made hereunder with respect to any site which is an Excluded Site at the Applicable Closing.

• If we need to make more significant changes to the Specification (for example changes not foreseen or made aware to you in the pre-contract information provided) or, following a Survey (where applicable), any changes to the Price, we will notify you and you may then contact us within 14 days of the date of such notice to either agree to such changes or end the contract and receive a full refund or any monies paid to us in accordance with clause 11.3 or clause 11.4, subject to us deducting the Survey Fee.

• If Buyer desires to send an Exclusion Notice for a Title Defect, Buyer will designate such Site as an Excluded Site in an Exclusion Notice separate and distinct from any Buyer Title Notice sent pursuant to Section 2.2 below.

More Definitions of Excluded Site

Excluded Site means, at any time of determination, any Portfolio Site designated as or deemed to be an Excluded Site in accordance with this Agreement or that is returned to SM after the Initial Closing in accordance with this Agreement.

Excluded Site means the site of the main generating structures of the eligible generating station described in the successful application in respect of which—

Excluded Site means, as of any date, provided that there shall not then exist a Potential Event of Default or an Event of Default, all of the following, excluding any fee interest in Real Property Assets on which Agent shall have been granted a Lien in accordance with the terms hereof: (a) any fee interest in undeveloped land acquired by 25 Company or any of its Subsidiaries for the development of a grocery store, so long as less than a year has elapsed since the date such fee interest was first acquired by Company or any of its Subsidiaries (the "Acquisition Date"), (b) any fee interest in Real Property Assets owned by Company or any of its Subsidiaries consisting of a grocery store under construction, so long as less than a year has elapsed since the date such construction commenced, and (c) any fee interest in a grocery store, the construction of which is complete, which fee interest was not previously a Covered Real Property, so long as not more than 180 days has elapsed since the date of completion of such construction; provided that the maximum length of time that a property may be characterized as an Excluded Site is two years from its Acquisition Date; provided further that if on any date there are more than five (5) properties that meet the foregoing definition of "Excluded Site", only the five (5) such properties with the earliest Acquisition Dates (and on which Agent shall not have been granted a Lien in accordance with the terms hereof) shall constitute "Excluded Sites". "EXCLUDED SITE" shall also include any Real Property Asset located outside of California, so long as Agent has been notified by Company in writing of the nature and address of such Real Property Asset and of the amount of expenditures made or to be made to acquire or develop such Real Property Asset and Agent has not requested a Deed of Trust with respect thereto. There shall be no limitation on the number of Real Property Assets constituting Excluded Sites pursuant to the foregoing sentence.

Excluded Site means the Wolfchase, Atrium, Smalco and Xxxxxx Creek sites, together with any Non-Qualifying Site required to be conveyed by Company to Sellers or their Affiliates as provided in Section 7.3 hereof.

Excluded Site means, at any time of determination, any Portfolio Site designated as or deemed to be an “Excluded Site,” or that is returned to one or more AT&T Parties after the Initial Closing pursuant to S ections 4.3(a), 4 .5, 4 .6, 4 .7 or 4 .9, in each case in accordance with the terms of this Agreement.

Excluded Site shall also include as of the Closing Date any Real Property Asset identified as such on Schedule 4.1I annexed hereto which Company or any of its Subsidiaries are in the process of selling, subleasing or otherwise disposing of such Real Property Asset; provided that any such Real Property Asset shall cease to be an "Excluded Site" if not so sold or leased within 120 days of the Closing Date.

Excluded Site means the Excluded Sites as defined in Section 6.4 hereof.