Advances, Investments and Loans. The Borrower will not, and will not permit any of its Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents or Foreign Cash Equivalents, except:
(a) the Borrower and its Subsidiaries may invest in cash and Cash Equivalents and foreign Subsidiaries may invest in Foreign Cash Equivalents;
(b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms of the Borrower or such Subsidiary;
(c) the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) received in connection with the bankruptcy or reorganization of suppliers and customers and in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business;
(d) the Borrower may acquire and hold obligations of one or more officers or other employees of the Borrower or its Subsidiaries in connection with such officers' or employees' acquisition of shares of common stock of the Borrower Common Stock so long as no cash is paid by the Borrower or any of its Subsidiaries in connection with the acquisition of any such obligations;
(e) deposits made in the ordinary course of business consistent with past practices to secure the performance of leases shall be permitted;
(f) the Borrower and its Subsidiaries may make transfers of assets to their respective Subsidiaries in accordance with Sections 8.02(i), (j) and (k);
(g) extensions of credit by any Credit Party to any other Credit Party shall be permitted, provided that any such extensions of credit are evidenced by a note in the form of an Intercompany Note;
(h) advances, loans and investments in existence on the Initial Borrowing Date and listed on Annex VII shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are independently permitted under this Section 8.05);
(i) Permitted Acquisitions shall be permitted in accordance with Section 8.02(a);
(j) investments made w...
Advances, Investments and Loans. The U.S. Borrower will not, and will not permit any of its Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other Equity Interest in, or make any capital contribution to, any other Person, or enter into any partnership or joint venture, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract (each of the foregoing an “Investment”), except that the following shall be permitted:
(i) the U.S. Borrower and its Subsidiaries may acquire and hold accounts receivables owing to any of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms of the U.S. Borrower or such Subsidiary;
(ii) the U.S. Borrower and its Subsidiaries may hold the Investments held by them on the Closing Date, provided that (x) any additional Investments made with respect thereto shall be permitted only if permitted under the other provisions of this Section 8.5 and (y) any Investment in an amount greater than $5,000,000 held on the Closing Date shall be permitted by this clause 8.5(ii) only if described on Schedule 8.5;
(iii) the U.S. Borrower and its Subsidiaries may acquire and own investments (including debt obligations) received in connection with the bankruptcy or reorganization of suppliers and customers and in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business;
(iv) the U.S. Borrower and its Subsidiaries may make loans and advances to their officers and employees for moving, relocation and travel expenses and other similar expenditures, in each case in the ordinary course of business;
(v) the U.S. Borrower and its Subsidiaries may acquire and hold obligations of their officers and employees in connection with such officers’ and employees’ acquisition of shares of U.S. Borrower Common Stock (so long as no cash is actually advanced by the U.S. Borrower or any of its Subsidiaries in connection with the acquisition of such obligations);
(vi) the U.S. Borrower and its Subsidiaries may enter into (x) Interest Rate Protection Agreements entered into with respect to other Indebtedness permitted under Section 8.4 and (y) Other Hedging Agreements entered into in the ordinary course of business and...
Advances, Investments and Loans. Holdings will not, and will not permit any of the Restricted Subsidiaries to, directly or indirectly, lend money or credit (including in the form of guarantees) or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person (each of the foregoing, an “Investment” and, collectively, “Investments” and with the value of each Investment being measured at the time made and without giving effect to subsequent changes in value or any write-ups, write-downs or write-offs thereof but giving effect to any cash return or cash distributions received by Holdings and the Restricted Subsidiaries with respect thereto), except that the following shall be permitted (each of the following, a “Permitted Investment” and collectively, “Permitted Investments”):
(i) Holdings and the Restricted Subsidiaries may acquire and hold accounts receivable owing to any of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms of Holdings or such Restricted Subsidiary;
(ii) Holdings and the Restricted Subsidiaries may acquire and hold cash and Cash Equivalents;
(iii) Holdings and the Restricted Subsidiaries may hold the Investments held by them on the Closing Date and described on Schedule 10.05(iii), and any modification, replacement, renewal or extension thereof that does not increase the principal amount thereof unless any additional Investments made with respect thereto are permitted under the other provisions of this Section 10.05;
(iv) Holdings and the Restricted Subsidiaries may acquire and hold Investments (including debt obligations and Equity Interests) received in connection with the bankruptcy or reorganization of suppliers and customers, and Investments received in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business;
(v) Holdings and the Restricted Subsidiaries may enter into Interest Rate Hedging Agreements to the extent permitted by Section 10.04(iv), and Other Hedging Agreements to the extent permitted by Section 10.04(xii);
(a) Holdings and any Restricted Subsidiary may make intercompany loans to, guarantees on behalf of, and other investments (including cash management pooling obligations and arrangements) in Credit Parties, including in connection with tax planning or reorganization activities...
Advances, Investments and Loans. The Credit Parties will not, nor will they permit any Subsidiary to, make any Investment except for Permitted Investments.
Advances, Investments and Loans. The Borrower will not, nor will it permit any Subsidiary to, lend money or extend credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person except for Permitted Investments.
Advances, Investments and Loans. The Parent will not, and will not permit any other member of the NCLC Group to, purchase or acquire any margin stock (or other Equity Interests) or any other asset, or make any capital contribution to or other investment in any other Person (each of the foregoing an “Investment” and, collectively, “Investments”), in each case either in a single transaction or in a series of transactions (whether related or not), except that the following shall be permitted:
(i) Investments on arm’s length terms;
(ii) Investments for its use in its ordinary course of business;
(iii) Investments the cost of which is less than or equal to its fair market value at the date of acquisition; and
(iv) Investments permitted by Section 10.02.
Advances, Investments and Loans. Lend money or extend credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, or otherwise make an Investment in, any Person except for Permitted Investments.
Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except:
(a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents;
(b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary;
(c) the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) received in connection with the bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business;
(d) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements;
(e) advances, loans and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex V);
Advances, Investments and Loans. No Credit Party will, nor will it permit any of its Subsidiaries to, make any Investments except for Permitted Investments.
Advances, Investments and Loans. 70 9.06 Transactions with Affiliates............................ 72 9.07
