Example ContractsClausesexcluded accountsVariants
Excluded Accounts
Excluded Accounts contract clause examples

Excluded Account” means # any payroll account so long as such payroll account is a zero balance account, # deposit or securities accounts, amounts on deposit or value of the securities held in which, on an individual account basis, do not exceed $100,000 in the aggregate at any one time; provided that deposit accounts and securities accounts may only be treated as Excluded Accounts pursuant to this clause (b) so long as the amount on deposit or value of the securities held in all such accounts on an aggregate combined basis does not exceed $500,000 at any one time, # withholding tax and fiduciary accounts, # any collection account, reserve account or other similar account established and solely utilized in accordance with any Permitted Securitization Indebtedness or Permitted Warehouse Indebtedness, # all deposit accounts primarily used for payment of payroll, taxes or employee benefits and # mortgage servicing accounts maintained by the Borrower as servicer or special servicer on behalf of a third-party, so long as such mortgage servicing accounts are used solely for servicing purposes.

“Excluded Accounts” means # each Deposit Account or Securities Account of any Loan Party that is used solely # to pay payroll, employee wage and benefit payments, payroll taxes or other taxes, # for escrow or trust purposes, # for royalty suspense amounts or other third party funds, or # as a zero balance account and # other Deposit Accounts and Securities Accounts so long as the aggregate average daily balance in which (in each case determined for the most recently completed calendar month) does not at any time exceed $1,000,000 individually or $5,000,000 in the aggregate for all such Deposit Accounts and Securities Accounts referred to in this clause (b).

Excluded Accounts” shall mean, collectively, # any zero-balance accounts, # any payroll, withholding tax and other fiduciary or escrow accounts, in each case solely to the extent such accounts contain only amounts designated for payment of payroll, withholding tax and other fiduciary or escrow liabilities, # refund accounts, solely to the extent such accounts contain amounts designated for refunds to patients, Governmental Authorities or Third Party Payors; # third party administrator accounts, solely to the extent such accounts contain amounts related to the administration of payment and collections for physicians (other than management fees relating to such administration); # accounts containing payments from CMS that have not yet been applied to claims; # any accounts owned exclusively by Excluded Subsidiaries; and # any other accounts as long as the aggregate monthly average daily balance for all such Loan Parties in all such other accounts does not exceed $500,000 at any time.

Excluded Account” means a deposit or other account the balance of which consists exclusively of (and is identified when established as an account established solely for the purposes of) # withheld income Taxes and federal, state, local or foreign employment Taxes in such amounts as are required in the reasonable judgment of a Loan Party to be paid to the Internal Revenue Service or any other U.S., federal, state or local or foreign government agencies within the following month with respect to employees of such Loan Party, # amounts required to be paid over to an employee benefit plan pursuant to DOL Reg. [Sec. 2510.3-102]2] on behalf of or for the benefit of employees of any Loan Party, # amounts which are required to be pledged or otherwise provided as security pursuant to any requirement of any Governmental Authority or foreign pension requirement, # amounts to be used to fund payroll obligations (including, but not limited to, amounts payable to any employment contracts between any Loan Party and their respective employees), # escrow accounts, or fiduciary or trust accounts, # settlement accounts used for processing of fees owed to third party Persons and held at third-party custodians and # other deposit accounts maintained in the ordinary course of business containing cash amounts that do not exceed at any time $5,000,000 for any such account and $15,000,000 in the aggregate for all such accounts under this clause (h).

Excluded Deposit Accounts” means # deposit accounts the balance of which consists exclusively of # withheld income taxes and federal, state or local employment taxes required to be paid to the Internal Revenue Service or state or local government agencies with respect to employees of any of the Loan Parties and their Subsidiaries and # amounts required to be paid over to an employee benefit plan pursuant to DOL Reg. [Sec. 2510.3] 102 on behalf of or for the benefit of employees of any of the Loan Parties and their Subsidiaries; # all segregated deposit accounts constituting (and the balance of which consists solely of funds set aside in connection with) payroll accounts, trust accounts, fiduciary accounts and accounts dedicated to the payment of accrued employee benefits, medical, dental and employee benefits claims to employees of any of the Loan Parties and their Subsidiaries; # other deposit accounts, excluding collection or primary operating accounts, where the average daily balance thereof, calculated on a monthly basis, does not exceed $250,000, up to an aggregate amount for all such deposit accounts not to exceed $750,000; # any deposit account established as an escrow account (but only so long as such account remains an escrow account); # any deposit account constituting a zero balance account and # any deposit account with respect to which, in the reasonable judgment of Administrative Agent, the burden or cost of providing a Guaranty shall be excessive in view of the benefits to be obtained by the Lenders therefrom.

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