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

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.

Appears in 4 contracts

Samples: Loan Agreement (Andersons Inc), Loan Agreement (Andersons Inc), Loan Agreement (Andersons Inc)

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