Common use of Acquisitions and Investments Clause in Contracts

Acquisitions and Investments. The Borrower will not, nor will it permit any Subsidiary to, (A) make or suffer to exist Investments in any Person (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments for such Investments, or (B) become or remain a partner in any partnership or joint venture, or (C) to make any Acquisition of any Person, except: (a) cash and Cash Equivalents; (b) Investments in existing Subsidiaries, Investments in Subsidiaries formed for the purpose of developing or acquiring Projects, Investments in joint ventures and partnerships engaged solely in the business of purchasing, developing, owning, operating, leasing and managing commercial real estate, including without limitation mixed-use Projects, and Investments in existence on the date hereof and described in Schedule 6.13 hereto; (c) transactions permitted pursuant to Section 6.20; (d) advances to tenants in the ordinary course of business; (e) Acquisitions of 100% of the Capital Stock of Persons whose primary operations consist of the ownership, development, operation and management of Projects; and (f) Acquisitions of equity interests in tenants obtained in connection with tenant work outs, not to exceed $5,000,000 in the aggregate; provided that, after giving effect to such Acquisitions and Investments, Borrower continues to comply with all its covenants herein, including without limitation the further restrictions on certain types of Properties as set forth in Section 6.20. Acquisitions permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Acquisitions”. Investments permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Investments”.

Acquisitions and Investments. The Borrower will not, nor will it permit any Subsidiary to, (A) make or suffer to exist any Investments in any Person (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments for such Investmentstherefor, or (B) become or remain a partner in any partnership or joint venture, or (C) to make any Acquisition of any Person, except: (a) cash Cash and Cash Equivalents; (b) Investments in Projects, Real Property Under Development, Undeveloped Land and First Mortgage Receivables, subject to the limits established in Section 7.22; (c) Investments in existing Subsidiaries, Investments in Subsidiaries formed for the purpose of developing or acquiring Projects, and Investments in joint ventures and partnerships engaged solely in the business of purchasing, developing, owning, operating, leasing and managing commercial real estate, including without limitation mixed-use Projects, and Investments in existence on the date hereof and described in Schedule 6.13 hereto; (cd) transactions permitted pursuant to Section 6.20; (d) advances to tenants in the ordinary course of business7.23; (e) Acquisitions of 100% of the Capital Stock of Persons whose primary operations consist of the ownership, development, operation and management of Projectsmultifamily residential properties; and (f) Acquisitions Interest Rate Hxxxxx related to hedging interest rates with respect to the Consolidated Outstanding Indebtedness or the Indebtedness of equity interests in tenants obtained in connection with tenant work outs, not to exceed $5,000,000 in the aggregate; Investment Affiliates. provided that, after giving effect to such Acquisitions and Investments, Borrower continues to comply with all its covenants herein, including without limitation the further restrictions on certain types of Properties as set forth in Section 6.20. Acquisitions permitted pursuant to this Section 6.13 7.15 shall be deemed to be “Permitted Acquisitions”. Investments permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Investments”.

Acquisitions and Investments. The Borrower will not, nor will it permit any Subsidiary to, (A) make or suffer to exist Investments in any Person (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments for such Investments, or (B) become or remain a partner in any partnership or joint venture, or (C) to make any Acquisition of any Person, except: (a) cash Cash and Cash Equivalents; (b) Investments in existing Subsidiaries, Investments in Subsidiaries formed for the purpose of developing or acquiring Projects, Investments in joint ventures and partnerships engaged solely in the business of purchasing, developing, owning, operating, leasing and managing commercial real estate, including without limitation mixed-use Projects, and Investments in existence on the date hereof and described in Schedule 6.13 hereto; (c) transactions permitted pursuant to Section 6.20; (d) advances to tenants in the ordinary course of business; (e) Acquisitions of 100% of the Capital Stock of Persons whose primary operations consist of the ownership, development, operation and management of Projects; and (f) Acquisitions of equity interests in tenants obtained in connection with tenant work outs, not to exceed $5,000,000 in the aggregate; provided that, after giving effect to such Acquisitions and Investments, Borrower continues to comply with all its covenants herein, including without limitation the further restrictions on certain types of Properties as set forth in Section 6.20. Acquisitions permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Acquisitions”. Investments permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Investments”.

Acquisitions and Investments. The Borrower will not, nor will it permit any Subsidiary to, (A) make or suffer to exist any Investments in any Person (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments for such Investmentstherefor, or (B) become or remain a partner in any partnership or joint venture, or (C) to make any Acquisition of any Person, except: (ai) cash and Cash Equivalents; (bii) Investments in existing Subsidiaries, Investments in new Subsidiaries formed for the purpose of developing or acquiring ProjectsProperties, Investments in joint ventures and partnerships engaged solely in the business of purchasing, developing, owning, operating, leasing and managing commercial real estate, including without limitation mixed-use Projectsretail properties and office and industrial properties, and other Investments in existence on new Subsidiaries with the date hereof prior written consent of the Required Lenders, which shall not be unreasonably withheld so long as no Default or Unmatured Default has occurred and described in Schedule 6.13 heretois continuing; (ciii) transactions permitted pursuant to Section 6.206.12; (div) Investments consisting of intercompany loans and advances made by a Subsidiary to DDR, provided, however, that any such intercompany loans and advances shall be subject to written documentation reasonably satisfactory to Administrative Agent (including, without limitation, a subordination agreement in form and substance reasonably satisfactory to Administrative Agent which subordinates such intercompany loans and advances to tenants in the ordinary course of businessObligations); (ev) First Mortgage Receivables and Mezzanine Debt Investments; and (vi) Acquisitions of 100% of the Capital Stock of Persons whose primary operations consist of the ownership, development, operation and management of Projects; and (f) Acquisitions of equity interests in tenants obtained in connection with tenant work outsretail, not to exceed $5,000,000 in the aggregateoffice or industrial properties; provided that, after giving effect to such Acquisitions and Investments, Borrower continues to comply with all its covenants herein, including without limitation the further restrictions on certain types of Properties as set forth in Section 6.20. Acquisitions permitted pursuant to this Section 6.13 6.14 shall be deemed to be “Permitted Acquisitions”. Investments permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Investments”.

Acquisitions and Investments. The Borrower will not, nor will it permit any Subsidiary to, (A) make or suffer to exist Investments in any Person (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments for such Investments, or (B) become or remain a partner in any partnership or joint venture, or (C) to make any Acquisition of any Person, except: (ai) Cash and Cash Equivalents, provided that the aggregate amount of cash and Cash EquivalentsEquivalents held by the Borrower and the Parent Entities (excluding cash or Cash Equivalents which are pledged (other than pursuant to the Account Pledge Agreement) to secure Indebtedness (other than Intercompany Debt) or which are escrowed or otherwise restricted to use for a designated purpose pursuant to the requirements of any loan documents or other contractual or legal obligations of the Consolidated Group) shall not exceed Twenty-Five Million Dollars ($25,000,000) at any time; (bii) Investments in existing SubsidiariesSubsidiaries (to the extent not expressly limited herein), or Investments in Subsidiaries formed for the purpose of developing or acquiring ProjectsProjects (to the extent not expressly limited herein), or Investments in existing joint ventures and partnerships engaged solely in the business of purchasing, developing, owning, operating, leasing and managing commercial real estate, including without limitation mixed-use Projects, and Investments in existence on Projects (to the date hereof and described in Schedule 6.13 heretoextent not expressly limited herein); (ciii) transactions permitted pursuant Investments and Acquisitions related to other Properties of the types described in Section 6.20; (div) advances to tenants in the ordinary course of business; (ev) Acquisitions of 100% of the Capital Stock of Persons whose primary operations consist of the ownership, development, operation and management of ProjectsProjects (to the extent not expressly limited herein); and (fvi) Acquisitions of equity interests in tenants obtained in connection with tenant work outs, not to exceed $5,000,000 in the aggregate; provided that, after giving effect to such Acquisitions and Investments, Borrower continues to comply with all its covenants herein, including without limitation the further restrictions on certain types of Properties as set forth in Section 6.20. Acquisitions permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Acquisitions”. Investments permitted pursuant to this Section 6.13 shall be deemed to be “Permitted Investments”.