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

• The following policy constraints will automatically result in a site being treated as an Excluded Site for the purposes of residential development: ConstraintJustificationSite lying wholly within, or adversely constrained by, a European Nature Conservation Site (SAC and SPA including the Thames Basin Heaths Special Protection Area)Protected by European LawSite lying wholly within, or adversely constrained by, a Site of Special Scientific Interest (SSSI).

• From and after the Signing Date, Buyer shall not, and shall cause its Affiliates and its and their respective officers, directors, employees and Representatives not to, take any actions designed and a purpose of which is to cause third parties to provide notices or to take the position that any Portfolio Site is, may be, or should be a Managed Site or an Excluded Site.

• Until the Final Closing Date Deadline, Seller shall use commercially reasonable efforts at its sole cost and expense, to cure the outstanding Exception Site Condition(s) identified on the Closing Site Designations List for the Closing for a Portfolio Site that cause such Portfolio Site (other than an Excluded Site) to be an Exception Site.

• Regardless of the number of conditions that Buyer may believe merit exclusion and regardless of the response of Seller to any Exclusion Notice, Buyer may not designate or attempt to designate any Sites as either a Diligence Excluded Site or a Post Diligence Excluded Site to the extent that the total aggregate Allocated Purchase Price of all Excluded Sites would exceed $189,110,000.00 (the “Exclusion Limit”).

• 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.

More Definitions of Excluded Site

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 Company or any of its Subsidiaries for the development of a grocery store, so long as less than one 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 one 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 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, 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 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 in accordance with this Agreement or that is returned to SM after the Initial Closing in accordance with this Agreement.

Excluded Site has the meaning set forth in Section 3.3(b)(i).