Advances and Other Investments. Not, and not permit any Subsidiary to, make, incur, assume or suffer to exist any Investment in any other Person, except (without duplication) the following:
(a) equity Investments existing on the Effective Date in wholly-owned Subsidiaries identified in Schedule 9.8;
(b) equity Investments in Subsidiaries acquired after the Effective Date in transactions permitted as acquisitions of stock or assets pursuant to Section 10.11;
(c) in the ordinary course of business, contributions by the Company to the capital of any of its Subsidiaries, or by any such Subsidiary to the capital of any of its Subsidiaries;
(d) in the ordinary course of business, Investments by the Company in any Subsidiary or by any of the Subsidiaries in the Company, by way of intercompany loans, advances or guaranties, all to the extent permitted by Section 10.7;
(e) Suretyship Liabilities permitted by Section 10.7;
(f) good faith deposits made in connection with prospective acquisitions of stock or assets permitted by Section 10.11;
(g) loans to officers and employees not exceeding (i) $100,000 in the aggregate to any single individual or (ii) $250,000 in the aggregate for all such individuals;
(h) Cash Equivalent Investments; and
(i) bank deposits in the ordinary course of business; provided that the aggregate amount of all such deposits (excluding (x) amounts in payroll accounts or for accounts payable, in each case to the extent that checks have been issued to third parties, and (y) amounts maintained (in the ordinary course of business consistent with past practice) in accounts of any Person which is acquired by the Company or a Subsidiary in accordance with the terms hereof during the 45 days following the date of such acquisition) which are maintained with any bank other than a Bank shall not at any time after January 7, 1999 exceed (x) in the case of such deposits with any single bank, $100,000 for three consecutive Business Days and (y) in the case of all such deposits, $1,000,000 for three consecutive Business Days; provided that no Investment otherwise permitted by clause (b), (c), (d), (e), (f) or (g) shall be permitted to be made if, immediately before or after giving effect thereto, any Event of Default or Unmatured Event of Default shall have occurred and be continuing.
Advances and Other Investments. Not, and not permit any Subsidiary ------------------------------ to, make, incur, assume or suffer to exist any Investment in any other Person, except (without duplication) the following:
(a) equity Investments existing on the Signing Date in wholly-owned Subsidiaries identified in Schedule 9.8; ------------
(b) equity Investments in Subsidiaries acquired after the Signing Date in transactions permitted as acquisitions of stock or assets pursuant to
(c) in the ordinary course of business, contributions by the Company to the capital of any of its Subsidiaries, or by any such Subsidiary to the capital of any of its Subsidiaries;
(d) in the ordinary course of business, Investments by the Company in any Subsidiary or by any of the Subsidiaries in the Company, by way of intercompany loans, advances or guaranties, all to the extent permitted by Section 10.7; ------------
(e) Suretyship Liabilities permitted by Section 10.7; ------------
(f) good faith deposits made in connection with prospective acquisitions of stock or assets permitted by Section 10.10; -------------
(g) loans to officers and employees not exceeding (i) $250,000 in the aggregate to any single individual or (ii) $500,000 in the aggregate for all such individuals;
Advances and Other Investments. 40 10.22 Location of Assets...................................................... 41 10.23
Advances and Other Investments. The Borrower will not, and will not permit any Subsidiary to, make, incur, assume or suffer to exist any Investment in any other Person, except (without duplication) the following:
(a) equity Investments existing on the Effective Date in Subsidiaries identified in SCHEDULE 9.8;
(b) equity Investments in Subsidiaries acquired after the Effective Date in transactions permitted as acquisitions of stock or assets pursuant to SECTION 10.10;
(c) in the ordinary course of business, contributions by the Borrower to the capital of any of its Subsidiaries, or by any such Subsidiary to the capital of any of its Subsidiaries;
(d) in the ordinary course of business, Investments by the Borrower in any Subsidiary or by any of the Subsidiaries in the Borrower, by way of intercompany loans, advances or guaranties, all to the extent permitted by SECTION 10.7;
(e) Investments made in connection with prospective acquisitions of stock or assets permitted by SECTION 10.10;
(f) Cash Equivalent Investments;
(g) loans to customers of the Borrower or any Subsidiary relating to the sale of inventory; and
(h) loans and advances which do not exceed $5,000,000.00 in principal amount outstanding at any time; PROVIDED, HOWEVER, that no Investment otherwise permitted by CLAUSE (b), (c), (d), (e), (g) OR (h) shall be permitted to be made if, immediately before and immediately after giving effect thereto, any Event of Default or Unmatured Event of Default shall have occurred and be continuing.
Advances and Other Investments. The Company will not, and not permit any Subsidiary to, make, incur, assume or suffer to exist any Investment in any other Person, except (without duplication) the following:
(a) the advances permitted hereunder;
(b) equity Investments existing on the Effective Date in Subsidiaries identified in Schedule 7.4; and
(c) the Guarantor's bank deposits in the ordinary course of business; provided that the aggregate amount of all such deposits (excluding amounts in payroll accounts or for accounts payable, in each case to the extent that checks have been issued to third parties) which are maintained with any bank other than the Bank shall not at any time exceed the amount(s) necessary for payroll plus $50,000; provided, however, that no Investment otherwise permitted by clause (b) shall be permitted to be made if, immediately before or after giving effect thereto, any Event of Default or Unmatured Event of Default shall have occurred and be continuing.
Advances and Other Investments. 51 10.21. Interest Rate Protection......................................................................52 10.22.
Advances and Other Investments. The Company will not, and ------------------------------ not permit any Subsidiary to, make, incur, assume or suffer to exist any Investment in any other Person.
Advances and Other Investments. 48 -iii-
Advances and Other Investments. 49 10.22 Restriction of Amendments to Asset Purchase Agreement...................................................50
Advances and Other Investments. 41 SECTION 11 EFFECTIVENESS; CONDITIONS OF LENDING, ETC.......................42
