Guarantees, Financial Assistance and Investments Sample Clauses

Guarantees, Financial Assistance and Investments. Guarantee, provide financial assistance to, or make any loan or advance to, or Investment in, any Person (other than the Borrower and the Authorized Restricted Subsidiaries), except in the ordinary course of business or in accordance with the provisions of Article 9 hereof, and for an aggregate amount (when added to all then-existing Guarantees, financial assistance, loans, advances and Investments in Persons other than the Borrower and the Authorized Restricted Subsidiaries and excluding Guarantees provided to the Agent on behalf of the Lenders in accordance with Article 9 hereof) that does not exceed 10% of the Shareholder's Equity of the Borrower as determined in the last Quarterly Financials or in the last Annual Report, whichever was most recently submitted.
Sample 1
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Guarantees, Financial Assistance and Investments. Section 13.7 of the Credit Agreement is amended in order to permit the Restricted Subsidiaries to Guarantee the permitted Debt of the Borrower. Consequently, Section 13.7 now provides as follows: "13.7 GUARANTEES, FINANCIAL ASSISTANCE AND INVESTMENTS Guarantee, provide financial assistance to, or make any loan or advance to, or Investment in, any Person (except that the Authorized Restricted Subsidiaries and the Borrower may provide (A) Guarantees of the Borrower and the Authorized Restricted Subsidiaries to the extent the Debt so Guaranteed is permitted under Section 13.6 (provided that with respect to the Debt permitted under Section 13.6(d), only the "Operating Rentals" may be so Guaranteed), and (B) financial assistance and loans and advances to, and Investments in, the Borrower and the Authorized Restricted Subsidiaries), except in the ordinary course of business and for an aggregate amount (when added to all then-existing Guarantees, financial assistance, loans, advances and Investments in Persons (other than Guarantees permitted in (A) above and financial assistance, loans, advances and Investments permitted in (B) above)) that does not exceed 10% of the Shareholder's Equity of the Borrower as determined in the last Quarterly Financials or in the last Annual Report, whichever is most recently submitted."
Sample 1

Related to Guarantees, Financial Assistance and Investments

  • Acquisitions and Investments The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Investments (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments therefor, or become or remain a partner in any partnership or joint venture, or to make any Acquisition of any Person, except:

  • Limitation on Guarantees of Indebtedness by Restricted Subsidiaries The Issuer shall not permit any of its Wholly-Owned Subsidiaries that are Restricted Subsidiaries (and non-Wholly-Owned Subsidiaries if such non-Wholly-Owned Subsidiaries guarantee other capital markets debt securities of the Issuer or any Guarantor), other than a Guarantor, a Foreign Subsidiary or a Securitization Subsidiary, to guarantee the payment of any Indebtedness of the Issuer or any other Guarantor unless:

  • Limitation on Designations of Unrestricted Subsidiaries (a) The Company may designate any Restricted Subsidiary as an “Unrestricted Subsidiary” under this Indenture (a “Designation”) only if:

  • Limitations on Additional Indebtedness (a) The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, incur any Indebtedness; provided, however, that the Issuer or any Restricted Subsidiary may incur additional Indebtedness, and the Issuer or any Restricted Subsidiary may incur Acquired Indebtedness if, after giving effect thereto, the Consolidated Interest Coverage Ratio would be at least 2.00 to 1.00 (the “Coverage Ratio Exception”).

  • Investments, Loans, Advances, Guarantees and Acquisitions The Borrower will not, and will not permit any of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any capital stock, evidences of indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, except:

  • Restrictions on Sales of Control of the Company No Stockholder shall be a party to any Stock Sale unless all holders of Preferred Stock are allowed to participate in such transaction and the consideration received pursuant to such transaction is allocated among the parties thereto in the manner specified in the Company’s Certificate of Incorporation in effect immediately prior to the Stock Sale (as if such transaction were a Deemed Liquidation Event), unless the holders of at least a majority of the Series A Preferred Stock elect otherwise by written notice given to the Company at least ten (10) days prior to the effective date of any such transaction or series of related transactions.

  • Investments, Etc The Borrower will not, and will not permit any of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly-owned Subsidiary prior to such merger), any common stock, Indebtedness or other securities (including any option, warrant, or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all of the foregoing being collectively called “Investments”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, except:

  • Pennsylvania Motor Vehicle Sales Finance Act Licenses The Indenture Trustee shall use its best efforts to maintain the effectiveness of all licenses required under the Pennsylvania Motor Vehicle Sales Finance Act in connection with this Indenture and the transactions contemplated hereby until the lien and security interest of this Indenture shall no longer be in effect in accordance with the terms hereof.

  • Restrictions on Subsidiary Payments to the Company No subsidiary of the Company is currently prohibited, directly or indirectly, from paying any dividends to the Company, from making any other distribution on such subsidiary’s capital stock, from repaying to the Company any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or any other subsidiary of the Company, except as described in or contemplated by the Time of Sale Disclosure Package and the Prospectus.

  • Limitation on Investments and New Businesses No Restricted Person will (a) make any expenditure or commitment or incur any obligation or enter into or engage in any transaction except in the ordinary course of business and as described below in this Section 7.7 and in Section 7.11, (b) engage directly or indirectly in any business or conduct any operations except in connection with or incidental to its present businesses and operations as presently conducted, or (c) make any acquisitions of or capital contributions to or other Investments in any Person or property, other than Permitted Investments.

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