Excluded Account

Excluded Account. Means any of the accounts listed on Schedule I hereto, as amended from time to time by the parties hereto.

Excluded Account. Means in the ordinary course of business in each case: any (a) payroll and other employee wage and benefit accounts and any account used for disbursements, (b) accounts cash collateralizing letter of credit obligations permitted by the Debentures, (c) zero balance accounts, (d) accounts that solely functions as a trust, fiduciary, escrow, withholding or tax payment account, and (e) other accounts in respect of which the average monthly balance of funds on deposit therein does... not exceed (x) for any such account excluded in reliance on this clause (d) individually, $100,000 and (y) for all such accounts excluded in reliance on this clause (d) in the aggregate, $200,000. Notwithstanding anything to the contrary contained within, the aggregate value of subsections (a) through (e) of Excluded Accounts (other than amounts in subsection (b) relating to accounts cash collateralizing letter of credit obligations) shall not exceed $350,000 in the aggregate at any one time. View More

Excluded Account. Means (a) any deposit account specifically and exclusively used for payroll, payroll taxes and other employee wage, salary, worker's compensation and benefit payments to or for the benefit of any Debtor's employees and (b) any deposit account that is a zero balance disbursement account and is automatically swept daily to a separate deposit account, and (c) other deposit accounts with deposits at any time in an aggregate amount not in excess of $50,000 for any one account and $100,000 in the... aggregate for all such accounts. View More

Excluded Account. Means, collectively: (a) any tax, trust, escrow, custodian, fiduciary, or payroll account (including, without limitation, accounts used for payroll, payroll taxes, workers' compensation or unemployment compensation premiums or benefits and other employee wage and benefit payments to or for the benefit of any Grantor's employees or for other trust or fiduciary purposes of any Grantor or accounts of any Grantor used specifically and exclusively for withholding any other taxes required... to be collected or withheld by any Grantor (including, without limitation, federal and state sales, use and excise taxes, customs duties, import duties and independent customs brokers' charges) for which any Grantor is or may reasonably be expected to be liable), so long as such deposit account contains only funds to be used exclusively for taxes, trust obligations and payroll obligations; (b) zero balance accounts; (c) accounts used exclusively for cash collateral as permitted by the terms of the Transaction Documents, (other than with respect to cash collateral securing the Obligations); and (d) other deposit accounts, so long as at any time the balance in all such accounts does not exceed $100,000 in the aggregate. View More

Excluded Account. In the ordinary course of business in each case: any (a) payroll and other employee wage and benefit accounts and any account used for disbursements, (b) tax accounts, including, without limitation, sales tax accounts, and any tax benefits accounts, (c) escrow accounts, (d) fiduciary and trust accounts, (e) zero balance accounts, (f) accounts into which governmental receivables are directly deposited, (g) foreign accounts maintained by foreign Subsidiaries and (h) other... accounts in respect of which the average monthly balance of funds on deposit therein does not exceed (x) for any such account excluded in reliance on this clause (h) individually, $500,000 and (y) for all such accounts excluded in reliance on this clause (h) in the aggregate, $1,000,000. Notwithstanding anything to the contrary contained within, the aggregate value of subsections (a) through (h) of Excluded Accounts shall not exceed $1,500,000 in the aggregate at any one time. View More

Excluded Account. Means any Securities Account established or maintained by the Lead Borrower solely for purposes of holding Equity Interests of the Lead Borrower pending a secondary Public Offering.

Excluded Account. (A) any deposit account or any other accounts which (i) are used for the sole purpose of making payroll, payroll and withholding Tax payments related thereto (the employee portion thereof) and other employee wage and benefit payments and accrued and unpaid employee compensation (including salaries, wages, bonuses, benefits and expense reimbursements), (ii) are used for the sole purpose of paying Taxes, including payroll, withholding and sales or similar Taxes and Tax Distributions, (iii) are... zero balance deposit accounts, (iv) constitute custodian, trust, fiduciary or other escrow accounts or collateral accounts established for the benefit of third parties in the ordinary course of business in connection with transactions permitted hereunder, or (v) are accounts that contain amounts which do not exceed a balance of $10,000 per such account or $50,000 for all such accounts in the aggregate or (B) (i) that certain deposit account identified as number 55519203 established and maintained at Bank of America, N.A. for Team Beachbody Canada, LP and (ii) that certain deposit account identified as number 56969209 established and maintained at Bank of America, N.A. for Myx Fitness, LLC, solely for so long as the average balance on deposit therein over any four-week period shall not exceed the Dollar equivalent of $4,000,000 in the aggregate, which average balance shall be measured on and as of the date of delivery of each weekly Liquidity report delivered (or required to be delivered) pursuant to Section 7.01(a)(v) (beginning with the first such report immediately following the First Amendment Effective Date) on a trailing four week basis (by calculating the average of the balance on deposit in such accounts on the date of such weekly Liquidity report and on the date of each of the three most recent weekly Liquidity reports delivered (or required to be delivered) pursuant to Section 7.01(a)(v) prior to such date), in each case, as evidenced by such report. View More

Excluded Account. Any deposit account and securities account (a) which is specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of the Company's salaried employees, and any other deposit account, securities account or financial asset in which such security interest would be unlawful or in violation of any employee benefit plan or employee benefit agreement, (b) used specially and exclusively for the sole purpose of paying or remitting taxes,... including sales taxes, to the extent the granting of a security interest therein would be unlawful, and (c) used specially and exclusively as an escrow account or as fiduciary or trust accounts for the benefit of unaffiliated third parties View More

Excluded Account. Shall mean the accounts as may be agreed by Lender from time to time. Aggregate balances in Excluded Accounts will not exceed $250,000.

Excluded Account. Means any Account (including, for the avoidance of doubt, any cash, cash equivalents or other property contained therein) to the extent, and for so long as, such Account (A) is pledged to secure (i) performance of tenders, bids, leases, statutory or regulatory obligations, surety and appeal bonds, government contracts, performance and return-of-money bonds, and other obligations of like nature, in each case, in the ordinary course of business or (ii) liability for reimbursement or... indemnification obligations in respect of letters of credit or bank guarantees for the benefit of landlords, in each case whether such pledge is by escrow or otherwise or (B) is used specifically and exclusively for payroll, payroll taxes, workers' compensation or unemployment compensation premiums or benefits, pension benefits, and other employee wage and benefit payments to or for the benefit of any of Grantor's or any of its Subsidiary's employees. View More