Loans and Investments No Credit Party shall and no Credit Party shall suffer or permit any of its Subsidiaries to (i) purchase or acquire any Stock or Stock Equivalents, or any obligations or other securities of, or any interest in, any Person, including the establishment or creation of a Subsidiary, or (ii) make any Acquisitions, or any other acquisition of all or substantially all of the assets of another Person, or of any business or division of any Person, including without limitation, by way of merger, consolidation or other combination or (iii) make or purchase any advance, loan, extension of credit or capital contribution to or any other investment in, any Person including the Borrower, any Affiliate of the Borrower or any Subsidiary of the Borrower (the items described in clauses (i), (ii) and (iii) are referred to as “Investments”), except for: (a) Investments in cash and Cash Equivalents; (b) Investments by (i) any Credit Party (other than Holdings) in any other Credit Party (other than Holdings), (ii) Holdings in any other Credit Party, (iii) the Borrower or any Domestic Subsidiary of the Borrower in Foreign Subsidiaries of the Borrower; provided, that the aggregate amount of such Investments under this clause (iii) shall not exceed the Available Amount at any time outstanding, (iv) a Foreign Subsidiary of the Borrower in another Foreign Subsidiary of the Borrower, and (v) any Credit Party in a Foreign Subsidiary the proceeds of which are concurrently used by such Foreign Subsidiary in connection with a Permitted Acquisition of the type and in the amount described in clause (g)(x) of the definition of “Permitted Acquisition”; provided, if the Investments described in foregoing clauses (i), (ii), (iii) and (v) are evidenced by notes, such notes shall be pledged to Agent, for the benefit of the Secured Parties; (c) loans and advances to employees not to exceed $3,000,000 in the aggregate at any time outstanding, less the amount of any loans and advances to employees outstanding pursuant to Section 5.4(f); (d) Investments received as the non-cash portion of consideration received in connection with transactions permitted pursuant to subsection 5.2(b); (e) Investments acquired in connection with the settlement of delinquent Accounts in the Ordinary Course of Business or in connection with the bankruptcy or reorganization of suppliers or customers; (f) Investments existing (or committed to be made pursuant to a binding commitment) on the Closing Date and set forth on Schedule 5.4; (g) Investments comprised of Contingent Obligations permitted by Section 5.9; (h) Permitted Acquisitions; (i) the maintenance of deposit accounts and securities accounts in the Ordinary Course of Business so long as the applicable provisions of Section 4.11, to the extent applicable, have been complied with respect to such deposit accounts and securities accounts; (j) Investments constituting (i) accounts receivable arising, (ii) trade debt granted or (iii) deposits made in connection with the purchase price of goods or services, in each case, in the Ordinary Course of Business; (k) Investments by way of contributions to capital or purchases of Stock by any Credit Party in any of its Subsidiaries that are Credit Parties; (l) Investments in an amount at any time outstanding not greater than the Available Amount (x) in joint ventures, (y) consisting of loans or other financing to Franchisees, or (z) in any subsidiary franchise financing vehicle; (i) Initial Investments in Project Pie in an amount not to exceed $4,500,000 and (ii) additional Investments in Project Pie in an amount not to exceed $5,000,000 in the aggregate so long as, in the case of this clause (ii) no Default or Event of Default has occurred and is continuing or would result therefrom; (n) Investments (i) relating to notes payable in connection with the disposition of the stores in Wichita, Kansas specified on Schedule 5.2 and (ii) consisting of notes payable in connection with the disposition of stores specified in Section 5.2(f) in an amount not to exceed $1,000,000 in the aggregate; and (o) other Investments not to exceed an amount in the aggregate at any time outstanding equal to $3,000,000 less the amount of any Indebtedness outstanding pursuant to Section 5.5(p).
Subsidiaries and Investments The Company does not own, directly or indirectly, any capital stock or other equity, ownership or proprietary interest in any corporation, partnership, association, trust, joint venture or other entity (each a "Company Subsidiary").