Controlled Investments Sample Clauses

Controlled Investments. Subject to Section 3.6 with respect to Deposit Accounts and Securities Accounts existing on the Closing Date, Parent shall not, and shall not permit its Subsidiaries, to establish or maintain any Deposit Account or Securities Account (other than Excluded Accounts) unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.
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Controlled Investments. Other than (a) an aggregate amount of not more than $500,000 at any one time, in the case of the Loan Parties and their Subsidiaries (other than those Subsidiaries that are CFCs and other than in respect of Excluded Deposit Accounts and Excluded Securities Accounts), (b) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for Loan Parties’ or their Subsidiaries’ employees, and (c) an aggregate amount of not more than $50,000,000 (calculated at exchange rates in effect on any date of determination) at any one time, in the case of Subsidiaries of the Loan Parties that are CFCs or in the case of Excluded Deposit Accounts and Excluded Securities Accounts, from and after the date that is 90 days after the Closing Date, no Loan Party nor any of its Subsidiaries shall make, acquire, or permit to exist Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless the applicable Loan Party or the applicable Subsidiary of a Loan Party and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Investments; provided that the foregoing restriction shall not be applicable to Subsidiaries of the Loan Parties that are CFCs or with respect to Excluded Deposit Accounts and Excluded Securities Accounts so long as Borrower and its Subsidiaries have Availability plus Qualified Cash in excess of $75,000,000; provided further that, if, as of any date of determination, (i) Permitted Investments in Deposit Accounts and Securities Accounts of CFCs, Excluded Deposit Accounts, and Excluded Securities Accounts that are not subject to Control Agreements in favor of Agent are in excess of $50,000,000 (calculated at exchange rates in effect on any date of determination), and (ii) Borrower and its Subsidiaries have Availability plus Qualified Cash of $75,000,000 or less, and if such Permitted Investments in excess of $50,000,000 are deposited in a Deposit Account or Securities Account subject to a Control Agreement in favor of Agent within 30 days of such date, Borrower and its Subsidiaries shall be deemed to be in compliance with the foregoing Section 6.11(c). Except as otherwise provided in the foregoing sentence, from and after the date that is 90 days after the Closing Date, no Loan Party shall establish or maintain any Deposit Account or Securities Account unless Agent shall ha...
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Controlled Investments. Other than with respect to Excluded Accounts, no Grantor will make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Grantor, and the applicable bank or securities intermediary have entered into Control Agreements.
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Controlled Investments. Other than (i) from the Third Amendment Effective Date to the 90th day thereafter, an aggregate amount of not more than $3,000,000 at any one time held in any deposit accounts or securities accounts other than with Wells Fargo, (ii) from and after the 90th day after the Third Amendment Effective Date, an aggregate amount of not more than $500,000 at any one time held in any deposit accounts or securities accounts, and (iii) amounts deposited into deposit accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the Company’s and its Subsidiaries’ employees, the Company shall not, nor shall it permit any Subsidiary to make, acquire, or permit to exist cash, Liquid Investments, or amounts credited to deposit accounts or securities accounts unless the Company or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with the Applicable Administrative Agent governing such cash, Liquid Investments, or amounts in order to perfect (and further establish) such Administrative Agent’s Liens in such properties. Except as provided in the immediately preceding sentence, the Company shall not and shall not permit its Subsidiaries to establish or maintain any deposit account or securities account unless the Applicable Administrative Agent shall have received a Control Agreement in respect of such deposit account or securities account.
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Controlled Investments. Except for Excluded Accounts, (i) no Borrowing Base Foreign Guarantor shall establish or, after the Post Closing Period (or any extension thereof), maintain any Deposit Account or Securities Account in the United States or Canada unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account and (ii) except as otherwise agreed by the Agent in its Permitted Discretion, no Borrowing Base Foreign Guarantor shall establish after the Closing Date any Deposit Account or Securities Account outside of the United States or Canada unless Agent shall have received a Control Agreement or entered into a Cash Management Arrangement in respect of such Deposit Account or Securities Account.
Sample 1
Controlled Investments. Except for Excluded Accounts, (i) no Loan Party shall establish or, after the Post Closing Period (or any extension thereof), maintain any Deposit Account or Securities Account in the United States or Canada unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account and (ii) no Loan Party shall establish after the Closing Date any Deposit Account or Securities Account outside of the United States or Canada unless Agent shall have received a Control Agreement or entered into a Cash Management Arrangement in respect of such Deposit Account or Securities Account.
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Related to Controlled Investments

  • Permitted Investments At any time, any one or more of the following obligations and securities:

  • Investments No more than 45% of the “value” (as defined in Section 2(a)(41) of the Investment Company Act of 1940, as amended (“Investment Company Act”)) of the Company’s total assets consist of, and no more than 45% of the Company’s net income after taxes is derived from, securities other than “Government Securities” (as defined in Section 2(a)(16) of the Investment Company Act) or money market funds meeting the conditions of Rule 2a-7 of the Investment Company Act.

  • Investment of Contributions At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

  • Investment Assets Those assets of the Fund as the Advisor and the Fund shall specify in writing, from time to time, including cash, stocks, bonds and other securities that the Advisor deposits with the Custodian and places under the investment supervision of the Sub-Advisor, together with any assets that are added at a subsequent date or which are received as a result of the sale, exchange or transfer of such Investment Assets.

  • Subsidiaries and Investments The Company does not own, directly or indirectly, any capital stock or other equity, ownership or proprietary interest in any corporation, partnership, association, trust, joint venture or other entity (each a "Company Subsidiary").

  • Restricted Investments Make any Restricted Investment.

  • Investments; Joint Ventures Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or own any Investment in any Person, including any Joint Venture, except: (i) Borrower and its Subsidiaries may make and own Investments in Cash and Cash Equivalents; (ii) Borrower and its Subsidiaries may (a) make and own Investments in any Loan Party, and (b) make and own Investments in any Subsidiaries of Borrower that are not Loan Parties in aggregate amount not to exceed $750,000; (iii) Borrower and its Subsidiaries may make intercompany loans to the extent permitted under subsection 7.1(iv); (iv) Borrower and its Subsidiaries may make Consolidated Capital Expenditures permitted by subsection 7.8; (v) Borrower and its Subsidiaries may continue to own the Investments owned by them as of the Closing Date and described in Schedule 7.3 annexed hereto; (vi) Borrower and its Subsidiaries may make and own Investments in shares of capital stock, evidence of Indebtedness or other security acquired in consideration for or as evidence of past-due or restructured Accounts in an aggregate face amount of such Accounts at any time not to exceed $500,000; (vii) Borrower and its Subsidiaries may make and own Investments in non-cash consideration received in connection with any Asset Sale otherwise permitted hereby; (viii) Borrower and its Subsidiaries may make and own Investments with respect to any obligation to indemnify their respective officers and directors to the fullest extent permitted by the corporation or limited liability company law of the jurisdiction of such Person's organization; (ix) Borrower and its Subsidiaries may make and own Investments in loans and advances (a) to their respective employees for moving, entertainment, travel and other similar expenses in the ordinary course of business not to exceed $250,000 in the aggregate at any time outstanding, or (b) to their respective employees and to their respective independent sales representatives secured by the pledge of shares of Borrower Common Stock made to finance the purchase by such employees (or representatives) of such stock, not to exceed $1,000,000 in the aggregate at any time outstanding; (x) Borrower and its Subsidiaries may make acquisitions permitted pursuant to subsection 7.7; and (xi) Borrower and its Subsidiaries may sell inventory on credit in the ordinary course of business.

  • Other Investments Other than equity securities held in the ordinary course of business for cash management purposes, the Company does not own or hold the right to acquire any equity securities, ownership interests or voting interests (including voting debt) of, or securities exchangeable or exercisable therefor, or investments in, any other Person.

  • Regulated Investment Company The Company has elected to be treated, and has operated, and intends to continue to operate, its business in such a manner so as to enable the Company to continue to qualify as a regulated investment company under Subchapter M of the Code. The Company intends to direct the investment of the proceeds of the offering of the Securities in such a manner as to comply with the requirements of Subchapter M of the Code.

  • Passive Foreign Investment Company The Company shall conduct its business, and shall cause its Subsidiaries to conduct their respective businesses, in such a manner as will ensure that the Company will not be deemed to constitute a passive foreign investment company within the meaning of Section 1297 of the Code.

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