Advances; Investments; Loans. Parent will not, and will not permit any of its Subsidiaries 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, 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 or Cash Equivalents, except:
(a) Parent and its Subsidiaries may hold or invest in cash and Cash Equivalents, PROVIDED that during any time that Revolving Loans or Swingline Loans are outstanding the aggregate amount of cash and Cash Equivalents held by Parent and its Subsidiaries shall not exceed $1,500,000 for any period of three consecutive Business Days;
(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 in compliance with Section 9.04(c) shall be permitted;
(e) advances, loans and investments in existence on the Initial Borrowing Date and listed on Annex VI shall be permitted, without giving effect to any additions thereto or replacements thereof;
(i) the Borrower may make intercompany loans and advances to any Subsidiary Guarantor, (ii) any Subsidiary Guarantor may make intercompany loans and advances to the Borrower or any other Subsidiary Guarantor and (iii) the Borrower may make intercompany loans to the Parent for the purpose of making payments permitted pursuant to Section 9.06(ii) (loans pursuant to clauses (i) (ii) and (iii) of this clause (f) collectively, "Intercompany Loans"), PROVIDED, that (x) each Intercompany Loan shall be evidenced by an Intercompany Note and (y) each such Intercompany Note shall be pledged to the Collateral Agent pursuant to the Pledge Agreement;
(g) loans and advances by the Borrower and its Subsidiaries to employees of Parent and its Subsidiaries for moving and t...
Advances; Investments; Loans. The Borrower will not, nor will permit any of its Subsidiaries to, directly or indirectly, lend money or extend 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 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 or Cash Equivalents (each of the foregoing an “Investment” and, collectively, “Investments”), except:
(i) (w) the Borrower and its Subsidiaries may acquire and hold cash and Cash Equivalents; provided, however, that at any time a Loan is outstanding, the aggregate amount of Unrestricted Cash held by any the Borrower and its Domestic Subsidiaries shall not exceed $25,000,000 for any period of five consecutive Business Days;
(ii) 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;
(iii) the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) received in connection with the bankruptcy or reorganization of suppliers, trade creditors, licensees, licensors and customers and in good faith settlement of delinquent obligations of, and other disputes with, suppliers, trade creditors, licensees, licensors and customers arising in the ordinary course of business;
(iv) Interest Rate Protection Agreements entered into in compliance with Section 10.04(iii) shall be permitted;
Advances; Investments; Loans. No Credit Agreement Party will, nor will permit any of its Subsidiaries to, directly or indirectly, lend money or extend 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 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 or Cash Equivalents (each of the foregoing an “Investment” and, collectively, “Investments”), except:
(i) the U.S. Borrower and its Subsidiaries may acquire and hold cash and Cash Equivalents;
(ii) the U.S. 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 U.S. Borrower or such Subsidiary;
(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, trade creditors, licensees, licensors and customers and in good faith settlement of delinquent obligations of, and other disputes with, suppliers, trade creditors, licensees, licensors and customers arising in the ordinary course of business;
(iv) Interest Rate Protection Agreements entered into in compliance with Section 9.04(b)(iii) shall be permitted;
Advances; Investments; Loans. No Credit Party will, or will permit any of its Subsidiaries 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, 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” and, collectively, “Investments”), except:
(i) any Issuer or Subsidiary Guarantor 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 terms of such Issuer or Subsidiary Guarantor;
(ii) any Issuer or Subsidiary Guarantor 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;
(iii) any Issuer or Subsidiary Guarantor may enter into Swap Contracts in compliance with Section 10.4(iii);
(iv) Investments in existence on the Closing Date and listed on Schedule 5.21 shall be permitted, without giving effect to any additions thereto or replacements thereof;
(x) the Parent may make intercompany loans and advances to any Issuer or Subsidiary Guarantor, (y) any Issuer or Subsidiary Guarantor may make intercompany loans and advances to any other Issuer or Subsidiary Guarantor, and (z) the Issuers and the Subsidiary Guarantors may make intercompany loans and advances to the Parent for the purpose of making payments permitted pursuant to Section 10.6 and to the Parent or the General Partner for the purpose of paying ordinary business expenses;
Advances; Investments; Loans. 75 9.06 Dividends......................................................................................78 9.07 Transactions with Affiliates...................................................................79 9.08 Consolidated Interest Coverage Ratio...........................................................79 9.09
Advances; Investments; Loans. The Borrower will not, and will not permit any of its Subsidiaries 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, 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 or Cash Equivalents (each of the foregoing an "Investment" and, collectively, "Investments"), except:
(i) the Borrower and its Subsidiaries may hold or invest in cash and Cash Equivalents;
(ii) 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;
(iii) 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;
(iv) Interest Rate Protection Agreements entered into in compliance with Section 9.04(iii) shall be permitted;
(v) Investments in existence on the Initial Borrowing Date and listed on Annex IX shall be permitted, without giving effect to any additions thereto or replacements thereof;
Advances; Investments; Loans etc. Xxxx will not, nor will it permit any of its Subsidiaries to, make Investments in or to any Person, except for Permitted Investments.
Advances; Investments; Loans. The Company will not, and will not permit any of its Restricted Subsidiaries 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 other Person, or purchase or otherwise acquire (in one or a series of related transactions) all or substantially all of the property or assets or business of another Person (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) or assets constituting a business unit, line of business or division of any Person (each of the foregoing an “Investment” and, collectively, “Investments”), except that: Investments in the form of cash and Cash Equivalents shall be permitted; the Company and its Restricted 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 Company or such Restricted Subsidiary; the Company and its Restricted 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; Swap Agreements entered into in compliance with Section 7.04(c) shall be permitted;
Advances; Investments; Loans. 144 10.06. Restricted Payments; etc......................................... 149 10.07. Transactions with Affiliates..................................... 153 10.08.
Advances; Investments; Loans. No Credit Agreement Party will, nor will permit any of its Subsidiaries to, directly or indirectly, lend money or extend 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 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 or Cash Equivalents (each of the foregoing an "Investment" and, collectively, "Investments"), except:
