Additional Limitations on Certain Investments. Notwithstanding anything to the contrary herein (including in Section 7.04), and without limiting any other provision of this Agreement, no Borrower will, and Borrowers will not permit any other Loan Party to, directly or indirectly make any Investment in any Foreign Subsidiary that is not a Restricted Subsidiary, other than (i) Investments in the form of cash and Cash Equivalents made for bona fide business purposes; provided that any such Investments shall be made in the form of intercompany loans evidenced by an intercompany note that has been pledged as Collateral and (ii) other Investments in an amount not to exceed, at the time of the making thereof and after giving pro forma effect thereto, together with (x) all other Investments and Dispositions made by the Loan Parties to Foreign Subsidiaries after the Effective Date and (y) all Investments and Dispositions made pursuant to Section 7.03(c)(B) and (C), Section 7.04(c)(iii)(A), Section 7.04(n) and Section 7.05(d), $250,000.
Appears in 3 contracts
Samples: Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (TENOR CAPITAL MANAGEMENT Co., L.P.), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (DG Capital Management, LLC), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (Endurant Capital Management LP)
Additional Limitations on Certain Investments. Notwithstanding anything to the contrary herein (including in Section 7.04), and without limiting any other provision of this Agreement, no Borrower will, and Borrowers will not permit any other Loan Party to, directly or indirectly make any Investment in any Foreign Subsidiary that is not a Restricted Subsidiary, other than (i) Investments in the form of cash and Cash Equivalents made for bona fide business purposes; provided that any such Investments shall be made in the form of intercompany loans evidenced by an intercompany note that has been pledged as Collateral and (ii) other Investments in an amount not to exceed, at the time of the making thereof and after giving pro forma effect thereto, together with (x) all other Investments and Dispositions made by the Loan Parties to Foreign Subsidiaries after the Effective Date and (y) all Investments and Dispositions made pursuant to Section 7.03(c)(B) and (C), Section 7.04(c)(iii)(A), Section 7.04(n) and Section 7.05(d), $250,000.
Appears in 1 contract
Samples: Loan and Security Agreement (INVACARE HOLDINGS Corp)
