Excluded Payments Sample Clauses

Excluded Payments. Clause 8.4(a) does not apply to any tax assessed on the Bank under the laws of any jurisdiction in which: (i) the Bank is incorporated or, if different, the jurisdiction (or jurisdictions) in which it is treated as resident for tax purposes; or (ii) the Bank's Facility Office is located in respect of amounts received or receivable in that jurisdiction, if that tax is imposed on or calculated by reference to the net income received or receivable by the Bank. However, any payment deemed to be received or receivable, including any amount treated as income but not actually received by the Bank, such as a Tax Deduction, will not be treated as net income received or receivable for this purpose.

Excluded Payments. All amounts paid by the Manufacturer, dealer or other seller on account of vehicle preparation services or work covered by warranty performed by a Group IV Lessee or the Servicer with respect to Group IV Vehicles acquired, financed or refinanced pursuant to this Lease or as incentive payments (other than incentive payments for selling Program Vehicles outside the related Manufacturer Program) shall inure to the benefit of such Group IV Lessee or the Servicer and, to the extent any such payments are received by the Group IV Lessor, the Trustee or the Master Collateral Agent, shall promptly be paid over to such Group IV Lessee or the Servicer, subject in each case to SECTION 24.10 hereof and Section 2.5(c) of the Master Collateral Agency Agreement.

Excluded Payments. All amounts paid by the Manufacturer, dealer or other seller on account of vehicle preparation services or work covered by warranty performed by a Lessee or the Servicer with respect to Vehicles leased pursuant to this Lease or as incentive payments (other than incentive payments for selling Program Vehicles outside the related Manufacturer Program) shall inure to the benefit of such Lessee or the Servicer and, to the extent any such payments are received by the Lessor, the Trustee or the Master Collateral Agent, shall promptly be paid over to such Lessee or the Servicer, subject in each case to Section 24.10 and Section 2.5(c) of the Master Collateral Agency Agreement.

Excluded Payments. The Parties recognize that it is possible that Astellas may deposit into the Joint Concentration Account amounts that are Excluded Payments. Accordingly the remainder of this Section 3.9 shall apply where Astellas has deposited into the Joint Concentration Account any Excluded Payment. (a) In connection with the delivery of any Royalty Report or CVT Officer’s Certificate under Section 3.2 or Section 3.3, as applicable, that includes an Excluded Payment, the Parties’ Primary Contacts will discuss the amount of such Excluded Payment and attempt to agree in writing on the portion of the amount deposited by Astellas into the Joint Concentration Account that correctly represents an actual Excluded Payment, and the amount thereof (any such agreed upon amount being referred to herein as the “Agreed-On Excluded Payment Amount”). (b) To the extent the Parties’ Primary Contacts are unable to agree on the correct amount of any Excluded Payment (any such disputed amounts being referred to as the “Disputed Excluded Payment Amounts”), within [****] following delivery of the applicable Royalty Report or CVT Officer’s Certificate under Section 3.2 or Section 3.3, [****] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Confidential treatment has been requested with respect to the omitted portions. as applicable, each Party shall designate an executive officer to discuss the matter with an executive officer of the other Party and attempt to reach agreement in writing on the Agreed-On Excluded Payment Amount within [****] following the end of the prior [****] period (and, if they agree upon the same during such period, such amount shall no longer be Disputed Excluded Payment Amounts but shall become Agreed-On Excluded Payment Amounts). (c) With respect to the amount of any Agreed-On Excluded Payment Amount deposited into the Joint Concentration Account, the Parties agree that, subject to TPG-Axon’s rights with respect to Account Instructions during a CVT Event of Default as set forth in Section 3.1, the Final Instructions shall require JPMorgan to transfer one hundred percent (100%) of the Agreed-On Excluded Payment Amount from the Joint Concentration Account into the CVT Concentration Account before effecting any other transfer from the Joint Concentration Account provided for in such F...

Excluded Payments. Any Excluded Payments standing to the credit of the Excluded Payments ledger of the Dutch FleetCo Spanish Transaction Account shall be remitted by the Spanish Servicer, upon the Spanish Servicer becoming aware of the same, to the person who is entitled to such funds. In particular this may include, inter alia, any amounts paid into the Dutch FleetCo Spanish Transaction Account: 8.1 which constitute any rebates, credit or similar incentive for the purchase of Vehicles and such amounts shall be paid to Spanish OpCo in accordance with clause 39 of the Spanish Master Lease Agreement; 8.2 in reimbursement for repair work performed on such Vehicle by the Lessee (at its own cost), where such work is covered by warranty and such amounts shall be paid to the Lessee; 8.3 in relation to insurance proceeds paid in respect of a Vehicle which has been purchased by the Lessee from the Lessor (including, without limitation, a Casualty) and such amounts shall be paid to the Lessee; 8.4 in respect of a Vehicle which is owned by Spanish OpCo, and such amounts shall be paid to Spanish OpCo; 8.5 in reimbursement of Tax on Motor Vehicles paid by Spanish OpCo in accordance with clause 10.9 of this Agreement and such amounts shall be paid to Spanish OpCo in accordance with paragraph 1.4, Part A, Schedule 1 to this Agreement; and 8.6 in error to Dutch FleetCo and to which Dutch FleetCo is not contractually entitled, to the person who is so entitled to such funds.

Excluded Payments. All payments received by the Mortgagee which are Excluded Payments are not part of the Collateral and shall promptly be paid over by the Mortgagee to the Mortgagor or other Person owed such amounts.

Excluded Payments. Arrears of pay which relate to basic pay and other earnings defined by the pay elements in Appendix A, e.g. expenses, ex-gratia payments (unless these relate to payment for overtime) non-contractual items including but not limited to bonuses.

Excluded Payments. As part of Owner’s reporting to be provided pursuant to Section 5(b) below, Owner shall notify Manager of all Excluded Payments made during the reporting period in question, setting forth: (i) the amount of each Excluded Payment, (ii) the names of the recipient(s) of each Excluded Payment, and (iii) the relevant agreement between Owner and the recipient(s) pursuant to which such Excluded Payment is being made. Upon Manager’s written request, Owner shall provide to Manager a copy of the relevant agreement pursuant to which any Excluded Payment has been made, along with a certification of Owner that such copy is true and correct.

Excluded Payments. Payments may only be made in US Dollars to Vendors in the United States to accounts maintained at a US financial institution, and only for legitimate, legal business purposes (and not for any personal, family or household purposes). Tax and employment payments, and payments to prohibited businesses identified by R365 are not permitted with this Service. Customer agrees not to provide R365 with any access to “protected health information”.