Deposits, Investments, Advances or Loans. None of the Borrower nor any of its Subsidiaries shall make or permit to exist deposits, investments, advances or loans (other than those existing on the date of the execution of this Agreement and disclosed to the Lenders in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) the Collateral Accounts; (b) deposits under workers’ compensation, unemployment insurance, social security and other similar laws, or securing the performance of bids, tenders, contracts (other than for the repayment of borrowed money) or leases, or securing indemnity, performance or other similar bonds for the performance of bids, tenders, contracts (other than for the repayment of borrowed money) or leases, or securing statutory obligations or surety or appeal bonds, or securing indemnity, performance or other similar bonds in the ordinary course of the Borrower’s or its Subsidiaries’ business (as the case may be); (c) in the case of the Borrower, loans not exceeding $2,000,000 in the aggregate at any one time outstanding; (d) demand deposits (other than payroll accounts and the Collateral Accounts) not to exceed $250,000 in the aggregate for the Borrower and its Subsidiaries combined; (e) in the case of the Borrower, margin deposits required to be made in connection with any Margin Account; (f) in the case of the Borrower, deposits permitted by Section 10.19 of this Agreement; (g) in the case of the Borrower, margin deposits required to be made in connection with the Borrower’s obligations under any Swap Contracts with any Lender or any Affiliates of a Lender; (h) deposits in trust accounts required under the Packers and Stockyards Act; (i) in the case of the Borrower, loans to KC Steak pursuant to the Intercompany Financing Documents not to exceed $20,000,000 in amount outstanding; (j) investments, advances or loans by a Loan Party to another Loan Party; (k) Cash Equivalent Investments in which the Agent has a perfected first priority security interest, including those credited to any deposit account or securities account (as the case may be) at CoBank; (l) in the case of the Borrower, investments in the purchase of Bonds; (m) in the case of the Borrower, loans to or investments in aLF Ventures, LLC or other investments related to the development of lactoferrin, in each case, occurring prior to the date hereof not to exceed $8,000,000 in the aggregate at any one time outstanding; (n) investments permitted under Section 10.2; (o) in the case of t...
Deposits, Investments, Advances or Loans. Borrower and its consolidated subsidiaries shall not make or permit to exist deposits, investments, advances or loans (other than deposits, investments, advances or loans existing on the date of the execution of this Agreement and disclosed to the Agent in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) investments in short term direct obligations of the United States Government (b) investment grade corporate and state and local government securities (Rated BBB- or better by Standard & Poor’s Ratings Services, a division of The McGraw Hill Companies, Inc. or rated BAA3 or better by Xxxxx’x Investors Service, Inc.); (c) certificates of deposit or demand deposit accounts issued by or maintained with a bank satisfactory to the Agent in the Agent’s reasonable determination; (d) unsecured advances or loans to officers, directors, employees, as and when permitted by Section 8.7; (e) unsecured advances or loans in or to any Affiliates that have executed and delivered a Guaranty; (f) secured loans made by the Borrower to other Persons in the ordinary course of business not to exceed $75,000,000 in the aggregate in any fiscal year of Borrower; and (g) other unsecured loans to and/or investments in other Persons by the Borrower not to exceed $75,000,000 in the aggregate in any fiscal year of Borrower.
Deposits, Investments, Advances or Loans. Borrower shall not make or permit to exist deposits, investments, advances or loans (other than loans existing on the date of the execution of this Agreement and disclosed to the Agent in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) investments in short term direct obligations of the United States Government; (b) investments in obligations of any state or political subdivision thereof or any agency or instrumentality of such state or political subdivision; (c) investments in negotiable certificates of deposit or time or demand deposits issued by a bank, bank holding company, savings and loan association, trust company, or other financial institution satisfactory to the Agent in the Agent’s reasonable discretion, made payable to the order of Borrower or to bearer; (d) bonds, notes or other obligations of any publicly held company which at the time of their purchase are rated in either of the two highest rating categories by a nationally recognized rating service; (e) money market mutual funds that are registered with the federal Securities and Exchange Commission and that invest only in bonds, notes or other similar obligations that are rated in either of the two highest rating categories by a nationally recognized rating service; (f) secured loans to Persons that are finishing hogs under written contracts with Borrower, provided however, that said secured loans together with any guaranties permitted under Section 10.5(c) shall not exceed $3,000,000 in the aggregate at any one time outstanding, and provided further, that the collateral for each such loan shall be reasonably acceptable to the Agent, and that Borrower shall promptly after the request of the Agent, execute such agreements, instruments and/or documents and/or take such actions as may be necessary to assign the lender’s interest in such secured loans and such collateral to the Agent as additional Collateral for the ratable benefit of the Lenders; (g) loans to officers, directors or employees as and when permitted by Section 8.8; (h) demand deposits not to exceed $100,000 in the aggregate at any one time outstanding; (i) investments incidental to Permitted Acquisitions; and (j) deposits, investments, advances or loans in or to Affiliates or shareholders of Borrower not in excess of $5,000,000 in the aggregate at any one time outstanding. This Section 8.3 shall not restrict deposits, investments, advances or loans by a Borrower in or to another Borrower.
Deposits, Investments, Advances or Loans. Borrower and its consolidated subsidiaries shall not make or permit to exist deposits, investments, advances or loans (other than deposits, investments, advances or loans existing on the date of the execution of this Agreement and disclosed to the Agent in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) investments in short term direct obligations of the United States Government (b) investment grade corporate and state and local government securities (Rated BBB- or better by Standard & Poor’s Ratings Services, a Standard & Poor’s Financial Services LLC business or rated BAA3 or better by Xxxxx’x Investors Service, Inc.); (c) certificates of deposit or demand deposit accounts issued by or maintained with a bank satisfactory to the Agent in the Agent’s reasonable determination; (d) unsecured advances or loans to officers, directors, employees, as and when permitted by Section 8.7; (e) unsecured advances or loans in or to any Affiliates that have executed and delivered a guaranty in the form of Exhibit 5A; (f) secured loans made by the Borrower to other Persons in the ordinary course of business not to exceed $100,000,000 in the aggregate in any fiscal year of Borrower; and (g) other unsecured loans to and/or investments in other Persons by the Borrower not to exceed $100,000,000 in the aggregate in any fiscal year of Borrower.
Deposits, Investments, Advances or Loans. Borrower shall not make or permit to exist deposits, investments, advances or loans (other than loans existing on the date of the execution of this Agreement and disclosed to U.S. Bank in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) investments in short term direct obligations of the United States Government; (b) investments in certificates of deposit issued by a bank satisfactory to U.S. Bank in U.S. Bank’s reasonable determination, (c) loans to officers, directors, employees, Owners or Affiliates as and when permitted by Section 8.8; (d) Deposit Accounts; and (e) other demand deposits not to exceed $100,000 in the aggregate. Borrower shall not permit to exist any other depository account for the receipt of payments in respect of Collateral of any type whatever, except the account referred to in Section 5.6.
Deposits, Investments, Advances or Loans. The Borrower shall not make or permit to exist deposits, investments, advances or loans (other than loans existing on the date of the execution of this Agreement and disclosed to the Lenders in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) investments in short-term direct obligations of the United States Government; (b) investments in negotiable certificates of deposit issued by a bank satisfactory to the Agent in the Agent's reasonable determination, made payable to the order of the Borrower or to bearer; (c) loans to officers, directors, partners, employees or Affiliates as and when permitted by Section 10.9 of this Agreement; and (d) demand deposits held by a bank satisfactory to the Agent in the Agent's reasonable discretion. Without limiting the generality of the foregoing, the Borrower shall not make or permit to exist deposits or investments in Margin Accounts.
Deposits, Investments, Advances or Loans. Borrower shall not make or permit to exist deposits, investments, advances or loans (other than loans existing on the date of the execution of this Agreement and disclosed to the Agent in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) investments in short term direct obligations of the United States Government; (b) investments in negotiable certificates of deposit issued by a bank satisfactory to the Agent in the Agent’s reasonable determination, made payable to the order of Borrower or to bearer; (c) loans to officers, directors, employees, or Affiliates as and when permitted by Section 6.8; (d) demand deposits, other than Deposit Accounts, not to exceed $100,000 in the aggregate; (e) pre-payments to vendors in the ordinary course of business; and (f) deposits, investments, advances or loans as described as part of the Project.
Deposits, Investments, Advances or Loans. Borrower shall not make or permit to exist deposits, investments, advances or loans (other than loans existing on the date of the execution of this Agreement and disclosed to Bank in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) loans to officers, directors, employees, or Affiliates as and when permitted by Section 8.9; and (b) the deposits and investments described in Exhibit 8B. Borrower shall not invest more than $3,000,000 per year in growing crops unless Working Capital, without considering the investment in growing crops is greater than $10,000,000.
Deposits, Investments, Advances or Loans. The Borrower shall not make or permit to exist deposits, investments, advances or loans (other than those existing on the date of the execution of this Agreement and disclosed to the Lenders in writing on or prior to such date, including those made as part of the Transaction) in or to Affiliates or any other Person, except: (a) investments in short-term direct obligations of the United States Government; (b) investments in negotiable certificates of deposit issued by a bank satisfactory to the Agent in the Agent’s reasonable determination, made payable to the order of the Borrower or to bearer; (c) loans to officers, directors, partners, agents, employees or Affiliates as and when permitted by Section 10.9 of this Agreement; (d) demand deposits not to exceed $250,000 in the aggregate; (e) margin deposits required to be made in connection with any Margin Account; (f) deposits permitted by Section 10.19 of this Agreement; (g) margin deposits required to be made in connection with the obligations of the Borrower under any interest rate hedging agreements, interest rate collar agreements, interest swap agreements or the like with U.S. Bank; (h) deposits in trust accounts required under the Packers and Stockyards Act; (i) loans to Kansas City Steak Co. not to exceed $10,000,000 in amount outstanding; (j) bank repurchase agreements between consecutive Business Days not to exceed $10,000,000 approved by the Agent; (k) investments in iTradeNetwork, Inc., f/k/a Commerce Ventures, not to exceed $1,000,000 in the aggregate; (l) loans to or investments in aLF Ventures or other investments related to the development of lactoferrin not to exceed $8,000,000 in the aggregate; (m) loans to NCI and NCI Leasing not to exceed $10,000,000 in amount outstanding; and (n) investments permitted under Section 10.2.
Deposits, Investments, Advances or Loans. The Company shall not make or permit to exist deposits, investments, advances or loans (other than loans existing on the Second Amendment Effective Date and disclosed to the holders of the Notes in writing on or prior to such date) in or to Affiliates or any other Person, except: (a) investments in short term direct obligations of the United States Government; (b) investments in negotiable certificates of deposit issued by a bank a commercial banking institution that is a member of the Federal Reserve System and has a combined capital and surplus and undivided profits of not less than $500,000,000, made payable to the order of the Company or to bearer; (c) loans to officers, directors, employees, or Affiliates as and when permitted by Section 10.11; (d) demand deposits, other than Deposit Accounts (as defined in the Security Agreement), not to exceed $100,000 in the aggregate; (e) pre-payments to vendors in the ordinary course of business; and (f) deposits, investments, advances or loans as described as part of the Project.
