Subject Equipment definition

Subject Equipment has the meaning set forth in Section 2.01(a)(iii).

Subject Equipment. Means Equipment subject to a certain Contract.

Subject Equipment. All Equipment, except Equipment sold to a third party hereunder or to which Agent no longer has exclusive remarketing rights under Section 2.8 hereof, however, in the event Owner accepts a proposed Remarketing by Agent of any such equipment after the termination of Agent’s exclusivity period, such equipment shall thereupon again be subject to Agent’s exclusivity rights under Section 2.8.

Examples of Subject Equipment in a sentence

• The Buyer shall also provide the Sellers and their respective Representatives with access to the Buyer’s sales and service records for purposes of determining whether the Buyer or any of its Affiliates has sold to or serviced any Subject Equipment.

• Except for the Subject Equipment and equipment or property held by the Sellers’ customers, repair and service providers or others in the ordinary course of business consistent with past practices, all of the Tangible Personal Property included in the Transferred Assets is in the possession of the Sellers or their Affiliates.

• Such Substitute Subject Equipment will be free and clear of all Liens, except for Permitted Liens.

• If, prior to the expiration or termination of this Agreement, any Interim Closing or the Final Closing has not occurred, then this Section 2.10 shall be applied with respect to the Key Subject Equipment included in the Transferred Assets at the Closings that have occurred.

• The Missing Equipment Notice will also include a calculation (the “Threshold Calculation”) of whether the total Weighted Average Value of all Missing Equipment included in the Missing Equipment Notice exceeds five percent (5%) (the “Subject Equipment Threshold”) of the total Weighted Average Value of (I) all Key Subject Equipment listed on the Closing Key Subject Equipment Schedule plus (II) any Substitute Subject Equipment.

More Definitions of Subject Equipment

Subject Equipment means the computer, telecommunications and video conferencing hardware and other equipment acquired by either EDS or EIS (other than equipment, if any, acquired by EDS or EIS from the NMCI Contract Obligor pursuant to the NMCI Contract) to fulfill EDS’ and/or EIS’ obligations pursuant to the NMCI Contract, including its obligation to provide certain equipment, including the Subject Equipment, to the NMCI Contract Obligor; provided, however, that the Subject Equipment shall not include any computer, telecommunications and video conferencing hardware and other equipment that is leased, whether pursuant to an operating lease or a capital lease, or acquired pursuant to a conditional sale contract by either EDS or EIS to fulfill EDS’s and/or EIS’s obligations pursuant to the NMCI Contract; provided that in no event shall any such arrangement result in any third party leasing or selling such equipment to EDS or EIS being entitled to any interest, whether in the nature of a Lien or otherwise, in the Contract Payments or any part thereof. For avoidance of doubt, it is understood and agreed by the parties that the Subject Equipment includes the items of Subject Equipment that are related to the infrastructure of the NMCI, e.g., servers, routers and other similar items of Subject Equipment that are required for the operation of the NMCI but are not necessarily related to a particular Task Order or used directly by any end-user of the NMCI, as well as those items of computer, telecommunications and video conferencing hardware and other equipment that are specifically identified in any particular Task Order or Task Orders.

Subject Equipment has the meaning set forth in the Security Agreement.

Subject Equipment. : means all Equipment of each Grantor, other than Equipment subject to a Permitted Lien and a Lien Prohibition.

Subject Equipment has the meaning given in Section 1.1 of the Sale and Servicing Agreement.

Subject Equipment means, with respect to any Lease, the Equipment subject to such Lease.

Subject Equipment means the equipment owned by Seller that is subject to an Equipment Lease and all warranties and guarantees, if any, express or implied, existing for the benefit of Seller with respect to the Subject Equipment.

Subject Equipment has the meaning ascribed to it in Exhibit A of this Agreement.