Common use of Deposits, Investments, Advances or Loans Clause in Contracts

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 the Borrower, investments permitted under Section 7.29; (p) in the case of the Borrower and each of its Subsidiaries, advances for travel and expenses to the officers or managers or employees of the Borrower and its Subsidiaries paid in the ordinary course of business; (q) in the case of the Borrower, investments in National Beef Leathers, LLC from and after the Restatement Date in an aggregate amount not to exceed $50,000,000 for the purpose of making capital improvements, provided that such investments shall be in a form and subject to documentation reasonably acceptable to the Agent and all investments in an aggregate amount in excess of $20,000,000 shall be in the form of a secured intercompany loans which shall be collateral assigned to the Agent; (r) in the case of the Borrower, other investments not to exceed $5,000,000 in the aggregate; and (s) at any time from and after the consummation of a Permitted IPO, in the case of the Borrower, loans to NB, Inc. in an aggregate amount not to exceed $5,000,000; provided that such loans shall be unsecured and otherwise on terms and conditions reasonably satisfactory to the Agent. The Borrower shall not permit to exist any other Deposit Accounts for the receipt of Collateral proceeds of any type whatsoever, except the Collateral Accounts.

Deposits, Investments, Advances or Loans. None of Neither the Borrower nor any of its Subsidiaries NBC 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 AccountsCash Equivalent Investments; (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 's or its Subsidiaries’ NBC's business (as the case may be); (c) in the case of the Borrower, loans not exceeding $2,000,000 1,000,000 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 NBC 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 '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 16,000,000 in amount outstanding; (j) investments, advances or loans by a Loan Party from the Borrower to another Loan PartyNBC not to exceed $75,000,000 in amount outstanding; (k) Cash Equivalent Investments credited to a deposit account or a securities account (as the case may be) at CoBank in which 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 Ventures or other investments related to the development of lactoferrin, in each case, occurring prior to the date hereof lactoferrin not to exceed $8,000,000 in the aggregate at any one time outstanding; (n) in the case of the Borrower, loans to NCI and NCI Leasing not to exceed $10,000,000 in amount outstanding; (o) investments permitted under Section 10.2; (op) in the case of the Borrower, investments permitted under Section 7.29; (pq) in the case of the Borrower, purchases permitted by the proviso to Section 10.14; and (r) in the case of the Borrower and each of its SubsidiariesNBC, advances for travel and expenses to the officers or managers or employees of the Borrower and its Subsidiaries paid in the ordinary course of business; (q) in the case of the Borrower, investments in National Beef Leathers, LLC from and after the Restatement Date in an aggregate amount not to exceed $50,000,000 for the purpose of making capital improvements, provided that such investments shall be in a form and subject to documentation reasonably acceptable to the Agent and all investments in an aggregate amount in excess of $20,000,000 shall be in the form of a secured intercompany loans which shall be collateral assigned to the Agent; (r) in the case of the Borrower, other investments not to exceed $5,000,000 in the aggregate; and (s) at any time from and after the consummation of a Permitted IPO, in the case of the Borrower, loans to NB, Inc. in an aggregate amount not to exceed $5,000,000; provided that such loans shall be unsecured and otherwise on terms and conditions reasonably satisfactory to the Agent. The Borrower shall not permit to exist any other Deposit Accounts for the receipt of Collateral proceeds of any type whatsoever, except the Collateral Accounts's business.

Deposits, Investments, Advances or Loans. None of Neither the Borrower nor any of its Subsidiaries NBC 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 's or its Subsidiaries’ NBC's business (as the case may be); (c) in the case of the Borrower, loans not exceeding $2,000,000 1,000,000 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 NBC 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 '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 16,000,000 in amount outstanding; (j) investments, advances or loans by a Loan Party from the Borrower to another Loan PartyNBC not to exceed $85,000,000 in amount outstanding; (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 Ventures or other investments related to the development of lactoferrin, in each case, occurring prior to the date hereof lactoferrin not to exceed $8,000,000 in the aggregate at any one time outstanding; (n) in the case of the Borrower, loans to NCI and NCI Leasing not to exceed $10,000,000 in amount outstanding; (o) investments permitted under Section 10.2; (op) in the case of the Borrower, investments permitted under Section 7.29; (pq) in the case of the Borrower, purchases permitted by the proviso to Section National Beef Packing Company Credit Agreement 59 10.14; (r) in the case of the Borrower and each of its SubsidiariesNBC, advances for travel and expenses to the officers or managers or employees of the Borrower and its Subsidiaries paid in the ordinary course of the Borrower's business; and (q) in the case of the Borrower, investments in National Beef Leathers, LLC from and after the Restatement Date in an aggregate amount not to exceed $50,000,000 for the purpose of making capital improvements, provided that such investments shall be in a form and subject to documentation reasonably acceptable to the Agent and all investments in an aggregate amount in excess of $20,000,000 shall be in the form of a secured intercompany loans which shall be collateral assigned to the Agent; (rs) in the case of the Borrower, other investments not to exceed $5,000,000 1,000,000 in the aggregate; and (s) at any time from and after the consummation of a Permitted IPO, in the case of the Borrower, loans to NB, Inc. in an aggregate amount not to exceed $5,000,000; provided that such loans shall be unsecured and otherwise on terms and conditions reasonably satisfactory to the Agent. The Borrower shall not permit to exist any other Deposit Accounts for the receipt of Collateral proceeds of any type whatsoever, except the Collateral Accounts.

Deposits, Investments, Advances or Loans. None of the The Borrower nor any of its Subsidiaries 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) in or to Affiliates or any other Person, except: (a) the Collateral AccountsCash Equivalent Investments; (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)'s business; (c) in the case loans to officers, directors, members, agents, employees or Affiliates as and when permitted by Section 10.9 of the Borrower, loans not exceeding $2,000,000 in the aggregate at any one time outstandingthis Agreement; (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 combinedaggregate; (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 '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 12,000,000 in amount outstanding; (j) investments, advances or loans by a Loan Party to another Loan Party; (k) Cash Equivalent Investments credited to a deposit account or a securities account (as the case may be) at CoBank in which 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; (lk) in the case of the Borrower, investments in the purchase of Bonds; (ml) in the case of the Borrower, loans to or investments in aLF Ventures, LLC Ventures or other investments related to the development of lactoferrin, in each case, occurring prior to the date hereof lactoferrin not to exceed $8,000,000 in the aggregate at any one time outstanding; (m) loans to NCI and NCI Leasing not to exceed $10,000,000 in amount outstanding; (n) investments permitted under Section 10.2; and (o) in the case of the Borrower, investments permitted under Section 7.29; (p) in the case of the Borrower 7.29 and each of its Subsidiaries, advances for travel and expenses to the officers or managers or employees of the Borrower and its Subsidiaries paid in the ordinary course of business; (q) in the case of the Borrower, investments in National Beef Leathers, LLC from and after the Restatement Date in an aggregate amount not to exceed $50,000,000 for the purpose of making capital improvements, provided that such investments shall be in a form and subject to documentation reasonably acceptable to the Agent and all investments in an aggregate amount in excess of $20,000,000 shall be in the form of a secured intercompany loans which shall be collateral assigned to the Agent; (r) in the case of the Borrower, other investments not to exceed $5,000,000 in the aggregate; and (s) at any time from and after the consummation of a Permitted IPO, in the case of the Borrower, loans to NB, Inc. in an aggregate amount not to exceed $5,000,000; provided that such loans shall be unsecured and otherwise on terms and conditions reasonably satisfactory to the Agent. The Borrower shall not permit to exist any other Deposit Accounts for the receipt of Collateral proceeds of any type whatsoever, except the Collateral Accountspermitted under Section 10.9.