Excluded Entity

Excluded Entity. Means the Investor, Popular, Inc., the Company and any Affiliate of any of the foregoing.

Excluded Entity. Shall mean each of the corporations, partnerships, limited liability companies or associations listed on Annex F hereto where the capital stock or other equity interests of such corporations, partnerships, limited liability companies or associations are not permitted by applicable law, rule or regulation to be pledged by the direct or indirect Subsidiary of FairPoint that owns such capital stock or other equity interests.

Excluded Entity. Shall mean (x) each of the corporations, partnerships, limited liability companies or associations listed on Annex G hereto where the capital stock or other equity interests of such corporations, partnerships, limited liability companies or associations are not permitted by applicable law, rule or regulation to be pledged and (y) any Telco or Carrier Services Company acquired or created pursuant to a Permitted Acquisition after the Closing Date, where the capital stock or other equity interests... of such Telco or Carrier Services Company are not permitted by applicable law, rule or regulation to be pledged and, after giving effect to the acquisition or creation of such Telco or Carrier Services Company, the Pro Forma EBITDA Test is satisfied. View More

Excluded Entity. Any of the following: (i) The Blackstone Group L.P. and any of its Affiliates including Blackstone PB Capital Partners V L.P., Blackstone PB Capital Partners V Subsidiary L.L.C., Blackstone PB Capital Partners V-AC L.P., Blackstone Family Investment Partnership V USS L.P., Blackstone Family Investment Partnership V-A USS SMD L.P., Blackstone Participation Partnership V USS L.P. and their respective general partners, Blackstone Group Management L.L.C., Blackstone, Blackstone Management... Associates V USS L.L.C. and BCP V USS Side-by-Side GP L.L.C. ; (ii) First Reserve Management, L.P. and any of its Affiliates, including FR PBF Holdings LLC and FR PBF Holdings II LLC; (iii) the Company and any Persons of which a majority of the voting power of its voting equity securities and equity interests is owned directly or indirectly by the Company; and (iv) any employee benefit plan (or trust forming a part thereof) sponsored or maintained by any of the foregoing. View More

Excluded Entity. Means any Person, other than a Party, that is identified in Exhibit B to this Agreement or that is in active litigation with Finjan regarding Finjan's Patents for so long as such Person is in such litigation, including the entities in active litigation with Finjan regarding Finjan's Patents as of the Effective Date (i.e., Palo Alto Networks, Inc., Symantec Corp., Sophos, Inc., Blue Coat Systems, Inc., and FireEye, Inc.), as well as any Person other than a Party that enters into active... litigation with Finjan regarding Finjan's Patents after the Effective Date, provided that (a) Finjan has contacted such Person regarding Finjan's Patents at least 60 days prior to commencing litigation, and (b) Finjan commences such litigation before (i) there is a definitive merger/acquisition term sheet executed or (ii) a public announcement or disclosure that such entity will (I) be acquired by Proofpoint or (II) acquires Proofpoint, provided that such entity is still in litigation with Finjan at the point in time as it would otherwise be covered by the license grant in Section 3.1. View More

Excluded Entity. Means a corporation or other entity of which the holders of voting capital stock of the Company outstanding immediately prior to such transaction are the direct or indirect holders of voting securities representing at least a majority of the votes entitled to be cast by all of such corporation's or other entity's voting securities outstanding immediately after such transaction.