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.
Eligible Investments 21 ERISA.........................................................................................22
Loans and Investments No Loan Party shall, nor shall any Loan Party permit any of its Subsidiaries to, at any time make or suffer to remain outstanding any Investment or agree, become or remain liable to make any Investment, except: (a) Investments outstanding as of June 30, 2018 and, to the extent the book value of any individual Investment exceeded $25,000,000 as of the Closing Date, listed on Schedule 7.4; (b) trade credit extended on usual and customary terms in the ordinary course of business; (c) (i) loans to officers, directors and employees of a Loan Party or any Subsidiary that would not be prohibited by the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder, provided that the aggregate amount of all such loans outstanding at any time shall not exceed $5,000,000 and (ii) advances to any member of the Xxxxxx Group or to any officer, director or employee of a Loan Party or any Subsidiary, provided such advances are for travel, entertainment, relocation and analogous ordinary course business purposes provided that the aggregate amount of all such advances at any time outstanding shall not exceed $5,000,000; (d) Investments in the form of cash, Cash Equivalents and readily-marketable debt or equity securities; (e) Investments of any Loan Party in any Subsidiary and Investments of any Subsidiary in any Loan Party or in another Subsidiary of any Loan Party; (f) [reserved]; (g) notes payable to, or equity interests issued by, account debtors to any Loan Party in good faith settlement of delinquent obligations and pursuant to any plan of reorganization or similar proceedings upon the bankruptcy or insolvency of any such account debtor; (h) the Farm Credit Equities and any other equity interests of, or Investments in, any Farm Credit Lender or their investment services or programs; (i) Guaranties permitted by Section 7.1; (j) Investments made or acquired in connection with Acquisitions permitted hereby; and (k) Investments in “seller take-back” notes arising in connection with a Disposition of assets permitted hereby; provided that the principal amount of any such “seller take-back” note does not exceed the fair market value of the assets so Disposed; and (l) other Investments not permitted by this Section 7.4; provided, (i) the aggregate value of all individual Investments exceeding $25,000,000 made in any fiscal year shall not exceed $150,000,000 unless both immediately before and immediately after making such Investment the Debt to Capitalization Ratio is less than 35%, and (ii) to the extent that any individual Investment exceeding $25,000,000 would cause the aggregate value of all such individual Investments exceeding $25,000,000 made (which are still outstanding or owed) in any fiscal year to exceed $150,000,000, the Parent shall have furnished to the Administrative Agent a certificate of an Authorized Officer, which certificate shall calculate the Debt to Capitalization Ratio both immediately before and immediately after making such Investment.