Excluded Investments Sample Clauses

Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viii) and (xi) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xx) or (xxi) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.
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Excluded Investments. For greater certainty, Permitted Interim Investments do not include the following: (a) shares, warrants or other equities; (b) convertible debt securities; (c) derivatives, swaps, options or futures; (d) real property; (e) mortgages, including guaranteed mortgages; (f) gold certificates; (g) physical commodities; or (h) interests in loan syndications or loan participation.
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Excluded Investments. The Company agrees that, for a period of one year from the date hereof (the "Exclusion Period"), it shall not issue any of its equity securities in a private offering to any of the following entities (each an "Excluded Investor"): AT&T Corporation, Sprint Corporation, Qwest Communications International, Inc., Level 3 Communications, Inc., WilTel, LLC, Frontier Corporation, British Telecommunications plc, GTE Corp. and the Regional Xxxx Operating Companies. Notwithstanding anything else in this Agreement, if within thirty (30) days (unless such period is extended by the mutual agreement of the Company and MCI WorldCom, Inc.) of the effective date of that certain Framework Agreement dated as of the date hereof between the Company and MCI WorldCom, Inc. (the "Framework Agreement"), MCI WorldCom, Inc. has not executed any of the Carrier Services Agreement or the Network Services Agreement or the OSS Licensing Agreement (as contemplated in the Framework Agreement), the Exclusion Period shall terminate and the Company thereafter shall be able to issue its equity securities to any of the Excluded Investors and MCI WorldCom shall forfeit its demand registration right granted pursuant to subsection 1.2(d) hereof.
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Excluded Investments. (a) The issuer of the following assets has appointed American Stock Transfer & Trust Company (“AST”) as the registrar and/or transfer agent for its securities and AST, as agent of such issuer, lists the indicated Loan Party as the owner of such securities: DTF Tax-Free Income Inc. Virtus Partners, Inc.2 8,000 Certificated 13,838.82 Uncertificated 21,838.82 (b) The issuer of the following assets has appointed The Bank of New York Mellon (“BNYM”) as the registrar and/or transfer agent for its securities and BNYM, as agent of such issuer, lists the indicated Loan Party as the owner of such securities: Duff & Xxxxxx Utility and Corporate Bond Trust Virtus Partners, Inc.2 8,000 Certificated 21,678.4604 Uncertificated 29,678.4604 DNP Select Income Fund Virtus Partners, Inc. 2 12,000 Certificated 105,264.2524 Uncertificated 117,264.2524 2 Successor to Duff & Xxxxxx Corporation as outlined in the long-form good standing certificate dated August 5, 2009, issued by the Secretary of State and delivered to the Administrative Agent pursuant to Section 5.1(d) of the Credit Agreement. The following Investment-Related Property is currently held by Phoenix Life Insurance Company as collateral to secure the obligations of the Grantors under that certain Loan Agreement, dated as of December 31, 2008, by and between Phoenix Life Insurance Company and Virtus Investment Partners, Inc. and that certain Guarantee and Collateral Agreement, dated as of December 31, 2008, by and between Phoenix Life Insurance Company and Virtus Investment Partners, Inc. The security interest of Phoenix Life Insurance Company is being released as a condition to closing and the certificates will be pledged to The Bank of New York Mellon, as Administrative Agent, as a condition precedent to the closing. 1. Stock Certificate No. 5 registered in the name of Virtus Partners, Inc. representing 1,000 shares of Common Stock, no par value, of DPCM Holdings, Inc. 2. Stock Certificate No. 5 registered in the name of Virtus Partners, Inc. representing 900 shares of Common Stock, par value $100.00 per share, of Duff & Xxxxxx Investment Management Co.
Sample 1
Excluded Investments. Each Excluded Investment shall have been sold, transferred or otherwise disposed of in accordance with Section 5.19(b); (i)
Sample 1
Excluded Investments. The Company agrees that, for a period of one year from March 3, 1999 (the "Exclusion Period"), it shall not issue any of its equity securities in a private offering to any of the following entities (each an "Excluded Investor"): AT&T Corporation, Sprint Corporation, Qwest Communications International, Inc. ("Qwest") (except with respect to a one time investment in the Company by a wholly-owned subsidiary of Qwest for the purchase from the Company of 932,836 shares of Series C Preferred Stock, 441,176 shares of Series D Preferred Stock and a warrant to acquire 180,000 shares of Common Stock pursuant to the terms of the Preferred Stock Agreements), Level 3 Communications, Inc., WilTel, LLC, Frontier Corporation, British Telecommunications plc, GTE Corp. and the Regional Xxxx Operating Companies. Notwithstanding anything else in this Agreement, if within thirty (30) days (unless such period is extended by the mutual agreement of the Company and MCI WorldCom, Inc.) of the effective date of that certain Framework Agreement dated March 3, 1999 between the Company and MCI WorldCom, Inc. (the "Framework Agreement"), MCI WorldCom, Inc. has not executed any of the Carrier Services Agreement or the Network Services Agreement or the OSS Licensing Agreement (as contemplated in the Framework Agreement), the Exclusion Period shall terminate and the Company thereafter shall be able to issue its equity securities to any of the Excluded Investors and MCI WorldCom shall forfeit its demand registration right granted pursuant to subsection 1.2(d) hereof.
Sample 1

Related to Excluded Investments

  • Permitted Investments At any time, any one or more of the following obligations and securities:

  • Investment Assets Those assets of the Fund as the Advisor and the Fund shall specify in writing, from time to time, including cash, stocks, bonds and other securities that the Advisor deposits with the Custodian and places under the investment supervision of the Sub-Advisor, together with any assets that are added at a subsequent date or which are received as a result of the sale, exchange or transfer of such Investment Assets.

  • 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.

  • Restricted Investments Make any Restricted Investment.

  • Restricted Investment Make or have, or permit any Subsidiary of Borrower to make or have, any Restricted Investment.

  • Loans and Investments Each of the Loan Parties shall not and shall not permit any of their Subsidiaries to, at any time make or suffer to remain outstanding any loan or advance to, or purchase, acquire or own any stock, bonds, notes or securities of, or any partnership interest (whether general or limited) or limited liability company interest in, or any other investment or interest in, or make any capital contribution to, any other Person, except: (a) (i) trade credit extended on usual and customary terms in the ordinary course of business, (ii) bank deposits in the ordinary course of business, (iii) endorsement of negotiable instruments held for collection in the ordinary course of business and (iv) lease, utility and other similar deposits in the ordinary course of business; (b) advances to employees to meet expenses incurred by such employees in the ordinary course of business; (c) (i) cash and Permitted Investments, (ii) investments by any Loan Party in Equity Interests in their respective Subsidiaries existing as of the Effective Date, and (iii) other investments, advances and loans existing on the date of this Agreement and described on Schedule 6.04; (d) loans, advances and investments to, or in, the Borrower or any Subsidiary; (e) investments in Swap Agreements as permitted by Section 6.01(f); (f) Permitted Acquisitions, including Subsidiaries acquired pursuant to Permitted Acquisitions and investments of such Subsidiaries at the time of their respective Acquisition pursuant to Permitted Acquisitions; (g) ownership of equity interests or securities acquired in connection with the satisfaction or enforcement of Indebtedness or claims due or owing to a Loan Party or any of its Subsidiaries in the ordinary course of business or as security for any such Indebtedness or claim; (h) Guarantees permitted by Section 6.03; (i) any other investment, loan or advance (other than Acquisitions) so long as the aggregate amount of all such investments, loans and advances does not exceed $20,000,000 during the term of this Agreement; and (j) loans, advances and investments (other than Acquisitions) not otherwise permitted by any of the foregoing, provided that immediately prior to and after giving effect (including giving effect on a pro forma basis) to any such loan, advance or investment (i) no Default or Event of Default exists or would result therefrom and (ii) the Borrower is in compliance with the financial covenants set forth in Sections 6.14 and 6.15.

  • Investment Accounts Schedule 2 sets forth under the headings “Securities Accounts” and “Commodity Accounts”, respectively, all of the Securities Accounts and Commodity Accounts in which such Grantor has an interest. Except as disclosed to the Administrative Agent, such Grantor is the sole entitlement holder of each such Securities Account and Commodity Account, and such Grantor has not consented to, and is not otherwise aware of, any Person (other than the Administrative Agent) having “control” (within the meanings of Sections 8-106 and 9-106 of the UCC) over, or any other interest in, any such Securities Account or Commodity Account or any securities or other property credited thereto; (a) Schedule 2 sets forth under the heading “Deposit Accounts” all of the Deposit Accounts in which such Grantor has an interest and, except as otherwise disclosed to the Administrative Agent, such Grantor is the sole account holder of each such Deposit Account and such Grantor has not consented to, and is not otherwise aware of, any Person (other than the Administrative Agent) having either sole dominion and control (within the meaning of common law) or “control” (within the meaning of Section 9-104 of the UCC) over, or any other interest in, any such Deposit Account or any money or other property deposited therein; and (b) In each case to the extent requested by the Administrative Agent, such Grantor has taken all actions necessary or desirable to: (i) establish the Administrative Agent’s “control” (within the meanings of Sections 8-106 and 9-106 of the UCC) over any Certificated Securities (as defined in Section 9-102 of the UCC); (ii) establish the Administrative Agent’s “control” (within the meanings of Sections 8-106 and 9-106 of the UCC) over any portion of the Investment Accounts constituting Securities Accounts, Commodity Accounts, Securities Entitlements or Uncertificated Securities (each as defined in Section 9-102 of the UCC); (iii) establish the Administrative Agent’s “control” (within the meaning of Section 9-104 of the UCC) over all Deposit Accounts; and (iv) deliver all Instruments (as defined in Section 9-102 of the UCC) to the Administrative Agent to the extent required hereunder.

  • Collateral Fund Permitted Investments The Company shall, at the written direction of the Purchaser, invest the funds in the Collateral Fund in Collateral Fund Permitted Investments. Such direction shall not be changed more frequently than quarterly. In the absence of any direction, the Company shall select such investments in accordance with the definition of Collateral Fund Permitted Investments in its discretion. All income and gain realized from any investment as well as any interest earned on deposits in the Collateral Fund (net of any losses on such investments) and any payments of principal made in respect of any Collateral Fund Permitted Investment shall be deposited in the Collateral Fund upon receipt. All costs and realized losses associated with the purchase and sale of Collateral Fund Permitted Investments shall be borne by the Purchaser and the amount of net realized losses shall be deposited by the Purchaser in the Collateral Fund promptly upon realization. The Company shall periodically (but not more frequently than monthly) distribute to the Purchaser upon request an amount of cash, to the extent cash is available therefore in the Collateral Fund, equal to the amount by which the balance of the Collateral Fund, after giving effect to all other distributions to be made from the Collateral Fund on such date, exceeds the Required Collateral Fund Balance. Any amounts so distributed shall be released from the lien and security interest of this Agreement.

  • Acquisitions and Investments Borrower will not, nor will it permit any Subsidiary of Borrower to, make or suffer to exist any Investments (including without limitation, loans and advances to, and other Investments in, Subsidiaries of Borrower), or commitments therefor, or become or remain a partner in any partnership or joint venture, or to make any Entity Acquisition of any Person, except: (i) Cash Equivalents; (ii) Investments in existing Subsidiaries of Borrower, Investments in Subsidiaries of Borrower formed for the purpose of developing or acquiring industrial properties, or Investments in existing or newly formed joint ventures and partnerships engaged solely in the business of purchasing, developing, owning, operating, leasing and managing industrial properties; (iii) transactions permitted pursuant to Section 6.12; (iv) Investments permitted pursuant to Section 6.23; and (v) Entity Acquisitions of Persons whose primary operations consist of the ownership, development, operation and management of industrial properties; provided that, after giving effect to such Entity Acquisitions and Investments, Borrower continues to comply with all its covenants herein. Entity Acquisitions permitted pursuant to this Section 6.15 shall be deemed to be “Permitted Acquisitions”.

  • Commingling and Investment The Trustee is expressly authorized in its discretion: (a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and (b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.

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