Common use of Investment Limitation Clause in Contracts

Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Underwriter may, in its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 2 contracts

Samples: Underwriting Agreement (Toreador Resources Corp), Underwriting Agreement (Toreador Resources Corp)

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Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Underwriter Representative, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 2 contracts

Samples: Underwriting Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)

Investment Limitation. The Company shall not invest, or otherwise use the net proceeds received by the Company from its sale of the Common Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act. The Underwriter Representatives may, in its their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Global Secure Corp.)

Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Underwriter may, in its sole discretion, waive in writing the performance by the Company or the Selling Stockholders of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Allis Chalmers Energy Inc.)

Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company company” under the Investment Company Act. The Underwriter Representatives, jointly on behalf of the several Underwriters, may, in its sole their discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Nelnet Inc

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Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Underwriter Representative on behalf of the several Initial Purchasers may, in its sole discretion, waive in writing the performance by the Company or any Guarantor of any one or more of the foregoing covenants or or, subject to the written consent of the Company, extend the time for their performance.

Appears in 1 contract

Samples: Purchase Agreement (Scotts Miracle-Gro Co)

Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Common Shares Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Underwriter Representatives on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or the Guarantor of any one or more of the foregoing covenants or extend the time deadline for their performanceperformance of any covenant required to be performed by a certain time.

Appears in 1 contract

Samples: Underwriting Agreement (Spirit AeroSystems Holdings, Inc.)

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