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...
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.
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.
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.
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.
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.
