Excluded Contracts has the meaning set forth in Section 2.02(a).
Acquired Contracts has the meaning given in Section 2.1(a).
Excluded Contract means, at any date, any rights or interest of the Borrower or any Guarantor under any agreement, contract, license, instrument, document or other general intangible (referred to solely for purposes of this definition as a “Contract”) to the extent that such Contract by the terms of a restriction in favor of a Person who is not the Borrower or any Guarantor, or any requirement of law, prohibits, or requires any consent or establishes any other condition for or would terminate because of an assignment thereof or a grant of a security interest therein by the Borrower or a Guarantor; provided that (i) rights under any such Contract otherwise constituting an Excluded Contract by virtue of this definition shall be included in the Collateral to the extent permitted thereby or by Section 9-406 or Section 9-408 of the Uniform Commercial Code and (ii) all proceeds paid or payable to any of the Borrower or any Guarantor from any sale, transfer or assignment of such Contract and all rights to receive such proceeds shall be included in the Collateral.
Shared Contracts has the meaning specified in Section 4.12(b).
Related Contracts is defined in clause (c) of Section 2.1.
Scheduled Contracts has the meaning set forth in Section 4.16.
Transferred Contracts has the meaning ascribed to it in Section 2.1(c).
Assigned Contracts has the meaning set forth in Section 2.01(c).
Retained Contracts shall have the meaning set forth in Section 1.2(i).
Excluded Contribution means net cash proceeds, marketable securities or Qualified Proceeds received by the Company from:
Assumed Contracts has the meaning set forth in Section 2.1(d).
Excluded Contributions means the Cash Equivalents or other assets (valued at their Fair Market Value as determined in good faith by senior management or the Board of Directors of the Company) received by the Company after the Issue Date from:
Specified Contracts has the meaning set forth in Section 4.13(a).
Project Contracts means collectively this Agreement, the Land Lease Agreement, the Construction Contract, O&M Contracts (if any) and any other material contract (other than the Financing Documents) entered into or may hereafter be entered into by the Concessionaire in connection with the Project;
New Contracts means binding new agreements or amendments to existing agreements with customers.
Initial Contracts means those Contracts conveyed to the Trust on the Closing Date.
Purchased Contracts has the meaning set forth in Section 2.1.1(a).
Terminated Contracts has the meaning set forth in Section 5.6(a).
Off-Balance Sheet Liabilities of any Person shall mean (i) any repurchase obligation or liability of such Person with respect to accounts or notes receivable sold by such Person, (ii) any liability of such Person under any Sale-Leaseback Transactions that do not create a liability on the balance sheet of such Person, (iii) any obligation under a Synthetic Lease or (iv) any obligation arising with respect to any other transaction which is the functional equivalent of or takes the place of borrowing but which does not constitute a liability on the balance sheet of such Person.
Seller Contracts means all contracts, agreements and leases, other than those that are Governmental Permits, to which Seller is a party and pertain to the ownership, operation or maintenance of the Assets or the Business, including those described on Schedule 1.8.
IP Contracts means all Contracts pursuant to which a party hereto or any of its Affiliates grants or obtains any rights to use Intellectual Property (other than Contracts in which such Intellectual Property is incidental to such Contracts).
Excluded Assets has the meaning set forth in Section 2.02.
Supply Contracts means contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A supply contract may include, as an incidental matter, siting and installation operations;
Insured contract means any written:
a. leases of premises;
b. easement agreements, except those concerning construction or demolition operations abutting railroad property;
c. obligation to insure a municipality as required by law or ordinance, except in connection with work for the municipality; d. sidetrack agreements; or
e. elevator maintenance agreements.
Off-Balance Sheet Obligations means liabilities and obligations of the Borrower, any Subsidiary or any other Person in respect of “off-balance sheet arrangements” (as defined in Item 303(a)(4)(ii) of Regulation S-K promulgated under the Securities Act) which the Borrower would be required to disclose in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the Borrower’s report on Form 10-Q or Form 10-K (or their equivalents) which the Borrower is required to file with the Securities and Exchange Commission (or any Governmental Authority substituted therefor).
Seller Plans has the meaning set forth in Section 3.13(a).