Common use of Acquisitions and Investments Clause in Contracts

Acquisitions and Investments. Make any Acquisition or Investment, except: (a) Investments in cash and Cash Equivalents; (b) loans and advances made to employees and agents in the ordinary course of business, such as travel and entertainment advances and similar items; (c) Intercompany notes, loans and advances between any Loan Party and any Affiliate of such Loan Party, provided that the aggregate outstanding amount thereof (valued at the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000; (d) credit extended to customers in the ordinary course of business on customary trade terms; (e) Investments listed on Schedule 6.05 of the Disclosure Letter, provided that such Investments shall not be increased; (f) other Investments in an aggregate amount not to exceed $1,000,000 in any fiscal year; (g) Investments consisting of Permitted Derivative Obligations; (h) Investments (i) by a Loan Party into a Subsidiary which is not a Loan Party in an amount not to exceed the Threshold Amount in any fiscal year, (ii) by a Loan Party into another Loan Party, and (iii) by a Subsidiary which is not a Loan Party into another Subsidiary or a Loan Party; (i) Investments by the Borrower and its Subsidiaries existing on the date hereof in the equity interests of its Subsidiaries as set forth on Schedule 6.05 of the Disclosure Letter; (j) guarantees constituting Indebtedness permitted by Section 6.01; (k) any prepayments and other credits to suppliers or vendors made in the ordinary course of business, and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments of any Person that becomes a Subsidiary after the date hereof, provided that (i) such Investments exist at the time that such Person becomes a Subsidiary and (ii) such Investments were not made in anticipation of such Person becoming a Subsidiary; (m) Investments permitted under Section 6.06; and (n) Acquisitions meeting the following criteria: (i) the Person or assets being acquired shall be in the same line or lines of business as Borrower or in a line of business reasonably related thereto; (ii) the board of directors or other governing body of the selling party shall have approved the Acquisition; (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(n); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such Acquisition.

Acquisitions and Investments. Make any Acquisition or Investment, except: (a) Investments in cash and Cash EquivalentsPermitted Acquisitions; (b) loans Investments in (i) bank repurchase agreements; (ii) savings accounts or certificates of deposit in a financial institution of recognized standing; (iii) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States (or any agency thereof); (iv) obligations of Federal National Mortgage Association or the Federal Home Loan Banks; (v) money market funds provided the portfolio of such money market funds are limited to obligations of the types described in clauses (iii) or (iv); (vi) prime commercial paper or other unrated commercial paper of issuers acceptable to the Lender, in each case maturing within 270 days of the date of acquisition by the Company or a Restricted Subsidiary; and (vii) obligations of any state or political subdivision thereof (whether or not backed by full faith and credit of the governmental issuer) rated for investment purposes at not less than “A”, “MIG-2” or “P- 2” by Xxxxx’x Investors Service, Inc., or “A” by Standard & Poor’s Credit Market Services. (c) Loans and advances made to employees and agents in the ordinary course of business, such as travel and entertainment advances and similar items; (cd) Intercompany notes, loans Investments in the Company by a Restricted Subsidiary and advances between Investments in any Loan Party and any Affiliate of such Loan Party, Guarantor by the Company or a Restricted Subsidiary; provided that any such Investments by a Restricted Subsidiary shall be subordinated to the aggregate outstanding amount thereof (valued at Obligations in a manner satisfactory to the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000; (d) credit extended to customers in the ordinary course of business on customary trade termsLender; (e) Existing Investments listed by the Company in Subsidiaries and VAST LLC, and other existing Investments outstanding on the date hereof, and shown on Schedule 6.05 of the Disclosure Letterhereto, provided that such Investments shall not be increased; (f) other Additional Investments by the Company in an aggregate amount not VAST LLC of up to exceed $1,000,000 3,000,000 in any each fiscal year; (g) Additional Investments consisting by the Company in ADAC-Strattec LLC of Permitted Derivative Obligationsup to $3,000,000 in each fiscal year; (h) Additional Investments (i) by a Loan Party into a Subsidiary which is not a Loan Party the Company in an amount not STRATTEC Power Access LLC of up to exceed the Threshold Amount $3,000,000 in any each fiscal year, (ii) by a Loan Party into another Loan Party, and (iii) by a Subsidiary which is not a Loan Party into another Subsidiary or a Loan Party;; and (i) Other Investments by (including Investments described above in excess of the Borrower and its Subsidiaries existing on the date hereof basket limitations applicable to such Investments) not exceeding $3,000,000 in the equity interests of its Subsidiaries as set forth on Schedule 6.05 of the Disclosure Letter; (j) guarantees constituting Indebtedness permitted by Section 6.01; (k) any prepayments and other credits to suppliers or vendors made in the ordinary course of business, and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments of any Person that becomes a Subsidiary after the date hereof, provided that (i) such Investments exist at the time that such Person becomes a Subsidiary and (ii) such Investments were not made in anticipation of such Person becoming a Subsidiary; (m) Investments permitted under Section 6.06; and (n) Acquisitions meeting the following criteria: (i) the Person or assets being acquired shall be in the same line or lines of business as Borrower or in a line of business reasonably related thereto; (ii) the board of directors or other governing body of the selling party shall have approved the Acquisition; (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except aggregate for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(n); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such Acquisitioneach fiscal year.

Acquisitions and Investments. Make Purchase or acquire, or permit any Acquisition ---------------------------- Subsidiary to purchase or Investmentacquire, all or substantially all of the assets of any Person, or make, or permit any Subsidiary to make, any Investments in any Person except: (a) the Borrower may maintain its ownership interest in each of the Subsidiaries listed on Schedule 6.10 at the percentage of ownership disclosed on said Schedule and may make additional Investments in cash Subsidiaries, provided that the aggregate amounts of all such Investments and Cash Equivalentscommitments to such make Investments shall not exceed $15,000,000.00; (b) loans any Subsidiary may make and advances made to employees and agents own Investments in the ordinary course of business, such as travel and entertainment advances and similar itemsBorrower; (c) Intercompany notesthe Borrower or any Subsidiary may acquire and hold stock, loans and advances between any Loan Party and any Affiliate obligations or securities received in settlement of debts owing to the Borrower or such Loan Party, provided that the aggregate outstanding amount thereof (valued at the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000Subsidiary; (d) credit extended to customers in the ordinary course of business on customary trade terms; (e) Investments listed on Schedule 6.05 of the Disclosure Letter, provided that such Investments shall not be increased; (f) other Investments in an aggregate amount not to exceed $1,000,000 in Borrower or any fiscal year; (g) Investments consisting of Permitted Derivative Obligations; (h) Investments (i) by a Loan Party into a Subsidiary which is not a Loan Party in an amount not to exceed the Threshold Amount in any fiscal year, (ii) by a Loan Party into another Loan Party, may make and (iii) by a Subsidiary which is not a Loan Party into another Subsidiary or a Loan Party;own: (i) Investments by the Borrower and its Subsidiaries existing on in certificates of deposit or time deposits having maturities in each case not exceeding one year from the date hereof of issuance thereof and issued by any FDIC-insured commercial bank incorporated in the equity interests United States or any state thereof having a combined capital and surplus of its Subsidiaries as set forth on Schedule 6.05 of the Disclosure Letternot less than $500,000.00; (jii) guarantees constituting Indebtedness permitted Investments in marketable direct obligations issued or unconditionally guaranteed by Section 6.01the United States of America, any agency thereof, or backed by the full faith and credit of the United States of America, in each case maturing within one year from the date of issuance or acquisition thereof; (kiii) any prepayments and other credits to suppliers or vendors made Investments in commercial paper issued by a corporation incorporated in the ordinary course of business, and Investments received in satisfaction United States or partial satisfaction any State thereof maturing no more than one year from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments of any Person that becomes a Subsidiary after the date hereofof issuance thereof and, provided that (i) such Investments exist at the time that such Person becomes of acquisition, having a Subsidiary and rating of A-1 (iior better) such Investments were not made in anticipation of such Person becoming a Subsidiary; by Standard & Poor's Corporation or P-1 (mor better) Investments permitted under Section 6.06by Xxxxx'x Investors Services, Inc.; and (niv) Acquisitions meeting Investments in money market mutual funds all of the following criteria: assets of which are invested in cash or investments described in clauses (i) the Person or assets being acquired shall be in the same line or lines of business as Borrower or in a line of business reasonably related thereto; ), (ii) the board of directors or other governing body of the selling party shall have approved the Acquisition; and (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(n); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, paragraph (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such Acquisitiond).

Acquisitions and Investments. Make Acquire any Acquisition other business or Investmentmake any loan, advance or extension of credit to, or investment in, any other person, corporation or other entity (including without limitation Subsidiaries, partnerships and joint ventures), including investments acquired in exchange for stock or other securities or obligations of any nature of the Company or any Subsidiary, except: (a) Investments investments in cash (i) bank repurchase agreements; (ii) savings accounts or certificates of deposit in a financial institution of recognized standing; (iii) obligations issued or fully guaranteed by the United States; (iv) prime commercial paper maturing within 90 days of the date of acquisition by the Company or a Subsidiary; and Cash Equivalents(v) other short-term fixed income investments of high credit quality selected by the Company; (b) loans and advances made to employees and agents in the ordinary course of business, such as travel and entertainment advances and similar items; (c) Intercompany notes, loans and advances between any Loan Party and any Affiliate of such Loan Party, provided that investments in the aggregate outstanding amount thereof (valued at the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000Company by a Subsidiary; (d) credit extended to customers in the ordinary course of business on customary trade termsbusiness; (e) Investments listed other investments outstanding on Schedule 6.05 of December 31, 1998, and shown on the Disclosure Letterfinancial statements referred to in section 4.5 above, provided that such Investments investments shall not be increased; (f) investments by the Company (whether by making a capital contribution, acquiring an equity interest or making a loan or other Investments extension of credit) in an a wholly-owned Subsidiary or by a wholly-owned Subsidiary in another wholly-owned Subsidiary; provided that if and when the aggregate amount not investment of the Company or another wholly-owned Subsidiary in a wholly-owned Subsidiary exceeds $5,000,000, such wholly-owned Subsidiary shall guaranty all Loans, Reimbursement Obligations and other obligations of the Company under this Agreement by executing and delivering a guaranty, in the form of Exhibit 5.4 attached hereto, and the Agent shall receive such certificates and opinions of counsel as the Agent shall reasonably request relating to exceed $1,000,000 in any fiscal yearthe corporate existence and authority of such Subsidiary and the validity and enforceability of such guaranty; (g) Investments consisting of Permitted Derivative Obligations;additional acquisitions and investments in present and future Subsidiaries and joint ventures, provided that all such acquisitions and investments (valued at original cost without regard to subsequent increases or decreases in the value thereof) shall not exceed (i) $15,000,000 in the aggregate and (ii) $5,000,000 with respect to any single entity; and (h) Investments (i) by a Loan Party into a Subsidiary which is not a Loan Party in an for purposes of this Section 5.4, the amount not to exceed the Threshold Amount in of any fiscal year, (ii) by a Loan Party into another Loan Party, and (iii) by a Subsidiary which is not a Loan Party into another Subsidiary or a Loan Party; (i) Investments by the Borrower and its Subsidiaries existing on the date hereof in the equity interests of its Subsidiaries as set forth on Schedule 6.05 of the Disclosure Letter; (j) guarantees constituting Indebtedness permitted by Section 6.01; (k) any prepayments and investment made with property other credits to suppliers or vendors made in the ordinary course of business, and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors than cash shall be equal to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments of any Person that becomes a Subsidiary after the date hereof, provided that (i) such Investments exist at the time that such Person becomes a Subsidiary and (ii) such Investments were not made in anticipation fair market value of such Person becoming a Subsidiary; (m) Investments permitted under Section 6.06; and (n) Acquisitions meeting the following criteria: (i) the Person or assets being acquired shall be in the same line or lines of business property as Borrower or in a line of business reasonably related thereto; (ii) determined by the board of directors or other governing body of the selling party shall have approved the Acquisition; (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(n); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such AcquisitionCompany.

Acquisitions and Investments. Make Acquire any Acquisition other business or Investmentmake any loan, advance or extension of credit to, or investment in, any other person, corporation or other entity (including without limitation Subsidiaries, partnerships and joint ventures), including investments acquired in exchange for stock or other securities or obligations of any nature of the Company or any Subsidiary, except: : (a) Investments investments in cash (i) bank repurchase agreements; (ii) savings accounts or certificates of deposit in a financial institution of recognized standing; (iii) obligations issued or fully guaranteed by the United States; (iv) prime commercial paper maturing within 90 days of the date of acquisition by the Company or a Subsidiary; and Cash Equivalents; (v) other short-term fixed income investments of high credit quality selected by the Company; (b) loans and advances made to employees and agents in the ordinary course of business, such as travel and entertainment advances and similar items; ; (c) Intercompany notes, loans and advances between any Loan Party and any Affiliate of such Loan Party, provided that investments in the aggregate outstanding amount thereof (valued at the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000; Company by a Subsidiary; (d) credit extended to customers in the ordinary course of business on customary trade terms; business; (e) Investments listed other investments outstanding on Schedule 6.05 of December 31, 1998, and shown on the Disclosure Letterfinancial statements referred to in section 4.5 above, provided that such Investments investments shall not be increased; ; (f) investments by the Company (whether by making a capital contribution, acquiring an equity interest or making a loan or other Investments extension of credit) in an a wholly-owned Subsidiary or by a wholly-owned Subsidiary in another wholly-owned Subsidiary; provided that if and when the aggregate amount not investment of the Company or another wholly-owned Subsidiary in a wholly-owned Subsidiary exceeds $5,000,000, such wholly-owned Subsidiary shall guaranty all Loans, Reimbursement Obligations and other obligations of the Company under this Agreement by executing and delivering a guaranty, in the form of Exhibit 5.4 attached hereto, and the Agent shall receive such certificates and opinions of counsel as the Agent shall reasonably request relating to exceed $1,000,000 in any fiscal year; the corporate existence and authority of such Subsidiary and the validity and enforceability of such guaranty; (g) Investments consisting of Permitted Derivative Obligations; additional acquisitions and investments in present and future Subsidiaries and joint ventures, provided that all such acquisitions and investments (hvalued at original cost without regard to subsequent increases or decreases in the value thereof) Investments shall not exceed (i) by a Loan Party into a Subsidiary which is not a Loan Party in an amount not to exceed the Threshold Amount in any fiscal year, (ii) by a Loan Party into another Loan Party, and (iii) by a Subsidiary which is not a Loan Party into another Subsidiary or a Loan Party; (i) Investments by the Borrower and its Subsidiaries existing on the date hereof $15,000,000 in the equity interests of its Subsidiaries as set forth on Schedule 6.05 of the Disclosure Letter; (j) guarantees constituting Indebtedness permitted by Section 6.01; (k) any prepayments and other credits to suppliers or vendors made in the ordinary course of business, and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments of any Person that becomes a Subsidiary after the date hereof, provided that (i) such Investments exist at the time that such Person becomes a Subsidiary aggregate and (ii) such Investments were not $5,000,000 with respect to any single entity; and (h) for purposes of this Section 5.4, the amount of any investment made in anticipation with property other than cash shall be equal to the fair market value of such Person becoming a Subsidiary; (m) Investments permitted under Section 6.06; and (n) Acquisitions meeting the following criteria: (i) the Person or assets being acquired shall be in the same line or lines of business property as Borrower or in a line of business reasonably related thereto; (ii) determined by the board of directors or other governing body of the selling party shall have approved the Acquisition; (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(n); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such AcquisitionCompany.

Acquisitions and Investments. Make The Borrower will not acquire any Acquisition ---------------------------- other business or Investmentmake any loan, advance or extension of credit to, or invest in, any other person, corporation or other entity, including investments acquired in exchange for stock or other securities or obligations of any nature of the Borrower or any Subsidiary, or create or participate in the creation of any Subsidiary or joint venture, except: (a) Investments investments in cash (i) bank repurchase agreements; (ii) savings accounts or certificates of deposit in a financial institution of recognized standing; (iii) obligations issued or fully guarantees by the United States; and Cash Equivalents(iv) prime commercial paper maturing within 90 days of the date of acquisition by the Borrower or a subsidiary; (b) loans and advances made to employees and agents in the ordinary course of business, such as travel and entertainment advances and similar items; (c) Intercompany notes, loans and advances between any Loan Party and any Affiliate of such Loan Party, provided that investments in the aggregate outstanding amount thereof (valued at Subsidiary by the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000Borrower; (d) investments shown on the most recent financial statements of the Borrower provided to the Bank and investments similar to such investments, subject to the limits set forth in subsection (g) below; (e) with respect to a Subsidiary; loans, advances or extensions of credit extended to customers made, or deposits taken, or investments or acquisitions made, in the ordinary course of the business on customary trade terms; (e) Investments listed on Schedule 6.05 of the Disclosure Letter, provided that such Investments shall not be increasedSubsidiary; (f) other Investments investments in, or the acquisition of, or the merger or share exchange with, any financial institution(s) (including an holding company(ies)), provided Borrower remains in an aggregate amount not to exceed $1,000,000 in existence after any fiscal year;such transaction; and (g) Investments consisting investments in, or the acquisition of, or the merger or share exchange with, any non-financial institution (including, without limitation, partnerships (limited, limited liability or general), limited liability companies, corporations, and trusts), either directly by Borrower or through any Subsidiary of Permitted Derivative Obligations;Borrower. (h1) Investments may sell, dispose of, "spin-off" (i) by in a Loan Party into a Subsidiary which is not a Loan Party in an amount not to exceed the Threshold Amount in any fiscal yearpublic distribution or otherwise), (ii) by a Loan Party exchange or convert into another Loan Partyform or type of interest, or transfer all or part of either its interests in, or the assets or liabilities of, any Subsidiary (other than the Subsidiary Bank), and (iii2) by a Subsidiary which is not a Loan Party into another Subsidiary may transfer any or a Loan Party; (i) Investments by the Borrower and its Subsidiaries existing on the date hereof in the equity interests of its Subsidiaries as set forth on Schedule 6.05 all of the Disclosure Letter; (j) guarantees constituting Indebtedness permitted by Section 6.01; (k) any prepayments and other credits to suppliers employees, operations, assets or vendors made in the ordinary course of business, and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments liabilities of any Person that becomes a Subsidiary after (other than the date hereofSubsidiary Bank) to any other Subsidiary (including, provided that (i) such Investments exist at without limitation, the time that such Person becomes a Subsidiary and (ii) such Investments were not made in anticipation of such Person becoming a Subsidiary; (m) Investments permitted under Section 6.06; and (n) Acquisitions meeting the following criteria: (i) the Person or assets being acquired shall be in the same line or lines of business as Borrower or in a line of business reasonably related thereto; (ii) the board of directors or other governing body of the selling party shall have approved the Acquisition; (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(nBank); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such Acquisition.

Acquisitions and Investments. Make any Acquisition or Investment, except: (a) Investments in cash and Cash EquivalentsPermitted Acquisitions; (b) loans Investments in (i) bank repurchase agreements; (ii) savings accounts or certificates of deposit in a financial institution of recognized standing; (iii) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States (or any agency thereof); (iv) obligations of Federal National Mortgage Association or the Federal Home Loan Banks; (v) money market funds provided the portfolio of such money market funds are limited to obligations of the types described in clauses (iii) or (iv); (vi) prime commercial paper or other unrated commercial paper of issuers acceptable to the Lender, in each case maturing within 270 days of the date of acquisition by the Company or a Restricted Subsidiary; and (vii) obligations of any state or political subdivision thereof (whether or not backed by full faith and credit of the governmental issuer) rated for investment purposes at not less than “A”, “MIG-2” or “P-2” by Xxxxx’x Investors Service, Inc., or “A” by Standard & Poor’s Credit Market Services. (c) Loans and advances made to employees and agents in the ordinary course of business, such as travel and entertainment advances and similar items; (cd) Intercompany notes, loans Investments in the Company by a Restricted Subsidiary and advances between Investments in any Loan Party and any Affiliate of such Loan Party, Guarantor by the Company or a Restricted Subsidiary; provided that any such Investments by a Restricted Subsidiary shall be subordinated to the aggregate outstanding amount thereof (valued at Obligations in a manner satisfactory to the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000; (d) credit extended to customers in the ordinary course of business on customary trade termsLender; (e) Existing Investments listed by the Company in Subsidiaries and VAST LLC, and other existing Investments outstanding on the date hereof, and shown on Schedule 6.05 of the Disclosure Letterhereto, provided that such Investments shall not be increased; (f) other Additional Investments by the Company in an aggregate amount not VAST LLC of up to exceed $1,000,000 3,000,000 in any each fiscal year; (g) Additional Investments consisting by the Company in ADAC-Strattec LLC of Permitted Derivative Obligationsup to $3,000,000 in each fiscal year; (h) Additional Investments (i) by a Loan Party into a Subsidiary which is not a Loan Party the Company in an amount not STRATTEC Power Access LLC of up to exceed the Threshold Amount $3,000,000 in any each fiscal year, (ii) by a Loan Party into another Loan Party, and (iii) by a Subsidiary which is not a Loan Party into another Subsidiary or a Loan Party;; and (i) Other Investments by (including Investments described above in excess of the Borrower and its Subsidiaries existing on the date hereof basket limitations applicable to such Investments) not exceeding $3,000,000 in the equity interests of its Subsidiaries as set forth on Schedule 6.05 of the Disclosure Letter; (j) guarantees constituting Indebtedness permitted by Section 6.01; (k) any prepayments and other credits to suppliers or vendors made in the ordinary course of business, and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments of any Person that becomes a Subsidiary after the date hereof, provided that (i) such Investments exist at the time that such Person becomes a Subsidiary and (ii) such Investments were not made in anticipation of such Person becoming a Subsidiary; (m) Investments permitted under Section 6.06; and (n) Acquisitions meeting the following criteria: (i) the Person or assets being acquired shall be in the same line or lines of business as Borrower or in a line of business reasonably related thereto; (ii) the board of directors or other governing body of the selling party shall have approved the Acquisition; (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except aggregate for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(n); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such Acquisitioneach fiscal year.

Acquisitions and Investments. Make any Acquisition or Investment, except: (a) Investments in cash and Cash EquivalentsPermitted Acquisitions; (b) loans Investments in (i) bank repurchase agreements; (ii) savings accounts or certificates of deposit in a financial institution of recognized standing; (iii) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States (or any agency thereof); (iv) obligations of Federal National Mortgage Association or the Federal Home Loan Banks; (v) money market funds provided the portfolio of such money market funds are limited to obligations of the types described in clauses (iii) or (iv); (vi) prime commercial paper or other unrated commercial paper of issuers acceptable to the Lender, in each case maturing within 270 days of the date of acquisition by the Company or a Restricted Subsidiary; and (vii) obligations of any state or political subdivision thereof (whether or not backed by full faith and credit of the governmental issuer) rated for investment purposes at not less than “A”, “MIG-2” or “P-2” by Xxxxx’x Investors Service, Inc., or “A” by Standard & Poor’s Credit Market Services; (c) Loans and advances made to employees and agents in the ordinary course of business, such as travel and entertainment advances and similar items; (cd) Intercompany notes, loans Investments in the Company by a Restricted Subsidiary and advances between Investments in any Loan Party and any Affiliate of such Loan Party, Guarantor by the Company or a Restricted Subsidiary; provided that any such Investments by a Restricted Subsidiary shall be subordinated to the aggregate outstanding amount thereof (valued at Obligations in a manner satisfactory to the amount of the original investment, without adjustment for any gain or loss) shall not at any time exceed $5,000,000; (d) credit extended to customers in the ordinary course of business on customary trade termsLender; (e) Existing Investments listed by the Company in Subsidiaries, and other existing Investments outstanding on the date hereof, and shown on Schedule 6.05 of the Disclosure Letterhereto, provided that such Investments shall not be increased; (f) other Additional Investments by the Company in an aggregate amount not ADAC-Strattec LLC of up to exceed $1,000,000 3,000,000 in any each fiscal year;; and (g) Investments consisting of Permitted Derivative Obligations; (h) Other Investments (iincluding Investments described above in excess of the basket limitations applicable to such Investments) by a Loan Party into a Subsidiary which is not a Loan Party exceeding $3,000,000 in an amount not to exceed the Threshold Amount in any aggregate for each fiscal year, (ii) by a Loan Party into another Loan Party, and (iii) by a Subsidiary which is not a Loan Party into another Subsidiary or a Loan Party;.” (i) Investments by the Borrower and its Subsidiaries existing on the date hereof in the equity interests of its Subsidiaries as set forth on Schedule 6.05 i. Section 7.01 of the Disclosure Letter; (j) guarantees constituting Indebtedness permitted by Section 6.01; (k) any prepayments Credit Agreement is amended and other credits to suppliers or vendors made restated in the ordinary course of business, and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss or in connection with a bankruptcy or reorganization; (l) Investments of any Person that becomes a Subsidiary after the date hereof, provided that (i) such Investments exist at the time that such Person becomes a Subsidiary and (ii) such Investments were not made in anticipation of such Person becoming a Subsidiary; (m) Investments permitted under Section 6.06; and (n) Acquisitions meeting the following criteria: (i) the Person or assets being acquired shall be in the same line or lines of business its entirety as Borrower or in a line of business reasonably related thereto; (ii) the board of directors or other governing body of the selling party shall have approved the Acquisition; (iii) no additional Indebtedness shall be incurred in connection with such Acquisition, except for Indebtedness that exists at the time such Person becomes a Subsidiary and is not created in contemplation of or in connection with such Person becoming a Subsidiary, to the extent permitted in this Section 6.05(n); (iv) Borrower shall furnish to Lender, at least 5 Business Days prior to the closing of such Acquisition, a closing statement showing sources and uses of funds for such Acquisition and pro forma financial statements of Borrower and its Subsidiaries in reasonable detail giving effect to the Acquisition showing compliance with Section 7.01 hereof upon closing of the Acquisition; (v) the aggregate total consideration paid by Borrower in cash and other property (including earnouts or other contingent purchase price adjustments and any additional Indebtedness permitted to be incurred in connection with such Acquisitions pursuant to Section 6.01(f)) for any such Acquisitions shall not exceed $12,500,000 during the term of this Agreement, (vi) with respect to an Acquisition of a general partnership interest, Borrower shall not be a general partner in a partnership or otherwise have unlimited liability for the obligations of any partnership or joint venture; (vii) no Default or Event of Default shall have occurred, or would occur after giving effect to the Acquisition; and (viii) the representations and warranties set forth in Article V will be true and correct before and after giving effect to such Acquisition.follows: