Common use of INVESTMENTS, ACQUISITIONS, ETC Clause in Contracts

INVESTMENTS, ACQUISITIONS, ETC. (a) The Company shall not, and shall not permit any of its Subsidiaries to purchase, hold or acquire 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, Guaranty 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, or become a general or limited partner in any partnership or a joint venturer in any joint venture or enter into any profit sharing or royalty agreement or similar arrangement whereby the income or profits of the Company or any of its Subsidiaries are, or might be, shared with any Person, except: (i) Permitted Investments; (ii) the Company may own Capital Stock of wholly-owned Subsidiaries created in accordance with Section 6.23; (iii) the Company may make equity contributions in any such Subsidiary; (iv) Guaranties permitted by Section 6.1 and Guaranties by the Company of obligations of its Subsidiaries to the extent such obligations are set forth in the then current Project Budget and Operating Budget; (v) the Company may enter into reasonable joint marketing agreements or arrangements; (vi) the Company may, through any of its Subsidiaries, become a joint venturer in a joint venture so long as (x) such Subsidiary shall not enter into, incur or permit to exist any agreement or other arrangement that prohibits, restricts or imposes any condition upon the ability of such Subsidiary to pay dividends or otherwise make distributions on its Capital Stock and (y) parties to the transaction with such Subsidiary shall have no recourse against the Company in respect of such transaction; and 110 (vii) the Company may acquire capacity on other telecommunications systems on reasonable, arm's-length terms, PROVIDED that any costs related thereto are (i) included within the Project Budget or the relevant Operating Budget or (ii) are supported by Capacity Commitments by customers seeking interim capacity prior to completion of the Project; provided, however, that any acquisition of such interim capacity shall be funded directly with proceeds received under related Capacity Sales Agreements. (b) The Company shall not, and shall not permit any of its Subsidiaries to enter into any management contract (other than the Construction Management Agreements, the Facilities Management Agreement and the Marketing Agreement and other than any other agreement made by the Company and/or a Subsidiary thereof which is approved by the Administrative Agent) or similar arrangement whereby its business or operations are managed by any other Person; ***.

INVESTMENTS, ACQUISITIONS, ETC. (a) The Company shall not, and shall not permit any of its Subsidiaries to purchase, hold or acquire 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, Guaranty 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, or become a general or limited partner in any partnership or a joint venturer in any joint venture or enter into any profit sharing or royalty agreement or similar arrangement whereby the income or profits of the Company or any of its Subsidiaries are, or might be, shared with any Person, except: (i) Permitted Investments; (ii) the Company may own Capital Stock of wholly-owned Subsidiaries created in accordance with Section 6.23; (iii) the Company may make equity contributions in any such Subsidiary; (iv) notwithstanding anything to the contrary set forth in Section 6.23, the Company and its Subsidiaries may own Capital Stock of entities in Korea and/or Taiwan established to hold licenses in accordance with Applicable Law governing the ownership by foreign persons of entities holding such licenses; (v) Guaranties permitted by Section 6.1 and Guaranties by the Company of obligations of its Subsidiaries to the extent such obligations are set forth in the then current Project Budget and Operating Budget; (vvi) the Company may enter into reasonable joint marketing agreements or arrangements; (vivii) the Company may enter into the transactions contemplated by the Project Documents; (viii) the Company may, through any of its Subsidiaries, become a joint venturer in a joint venture so long as (x) such Subsidiary shall not enter into, incur or permit to exist any agreement or other arrangement that prohibits, restricts or imposes any condition upon the ability of such Subsidiary to pay dividends or otherwise make 103 distributions on its Capital Stock and Stock, (y) parties to the transaction with such Subsidiary shall have no recourse against the Company in respect of such transactiontransaction and (z) such Subsidiary shall (to the extent permitted by Applicable Laws) pledge it interest in the joint venture in accordance with Section 6.7; and 110and (viiix) the Company may acquire capacity on other telecommunications systems on reasonable, arm's-length terms, PROVIDED that any costs related thereto are (ix) included within the Project Budget or the relevant Operating Budget or Budget, (iiy) are supported by Capacity Commitments by customers seeking interim capacity prior to completion of the ProjectProject or (z) are acquired as non-cash consideration in connection with a Capacity Sales Agreement permitted in accordance with Section 6.20(c); providedPROVIDED, howeverHOWEVER, that any acquisition of such interim capacity shall be funded directly with proceeds received under related Capacity Sales Agreements. (b) The Company shall not, and shall not permit any of its Subsidiaries to enter into any management contract (other than the Construction Management Agreements, the Facilities Management Agreement and the Marketing Agreement and other than any other agreement made by the Company and/or a Subsidiary thereof which is approved by the Administrative Agent) or similar arrangement whereby its business or operations are managed by any other Person; ***.

INVESTMENTS, ACQUISITIONS, ETC. (a) The Company shall not, and shall not permit any of its Subsidiaries to purchase, hold or acquire 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, Guaranty 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, or become a general or limited partner in any partnership or a joint venturer in any joint venture or enter into any profit sharing or royalty agreement or similar arrangement whereby the income or profits of the Company or any of its Subsidiaries are, or might be, shared with any Person, except: (i) Permitted Investments;; 98 107 (ii) the Company may own Capital Stock of wholly-owned Subsidiaries created in accordance with Section 6.23; (iii) the Company may make equity contributions in any such Subsidiary; (iv) Guaranties permitted by Section 6.1 and Guaranties by the Company of obligations of its Subsidiaries to the extent such obligations are set forth in the then current Project Budget and Operating Budget; (v) the Company may enter into reasonable joint marketing agreements or arrangements; (vi) the Company may, through any of its Subsidiaries, become a joint venturer in a joint venture so long as (x) such Subsidiary shall not enter into, incur or permit to exist any agreement or other arrangement that prohibits, restricts or imposes any condition upon the ability of such Subsidiary to pay dividends or otherwise make distributions on its Capital Stock and (y) parties to the transaction with such Subsidiary shall have no recourse against the Company in respect of such transaction; and 110and (vii) the Company may acquire capacity on other telecommunications systems on reasonable, arm's-length terms, PROVIDED provided that any costs related thereto are (i) included within the Project Budget or the relevant Operating Budget or (ii) are supported by Capacity Commitments by customers seeking interim capacity prior to completion of the Project; provided, however, that any acquisition of such interim capacity shall be funded directly with proceeds received under related Capacity Sales Agreements. (b) The Company shall not, and shall not permit any of its Subsidiaries to enter into any management contract (other than the Construction Management Agreements, the Facilities Management Agreement and the Marketing Agreement and other than any other agreement made by the Company and/or a Subsidiary thereof which is approved by the Administrative Agent) or similar arrangement whereby its business or operations are managed by any other Person; [*******].

INVESTMENTS, ACQUISITIONS, ETC. (a) The Company shall Borrower will not, and shall will not permit any of its Restricted Subsidiaries to, at any time after the Restatement Effective Date, (i) make any loan or advance to purchaseany Person (other than loans to officers, hold directors and employees or prospective employees in the ordinary course of business in an aggregate amount for the Borrower and its Restricted Subsidiaries not in excess of $500,000 at any one time outstanding), (ii) purchase or otherwise acquire any Capital Stockstock, evidences of indebtedness obligations 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, Guaranty any obligations of, or make or permit to exist any investment or any other interest in, or make any capital contribution to, any other Person, or purchase acquire from any Person any division, plant or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, or (iii) be or become a general partner (or limited partner the equivalent) in any partnership or a joint venturer in any joint venture or enter into any profit sharing or royalty agreement or similar arrangement whereby the income or profits of the Company or any of its Subsidiaries are, or might be, shared with any Person, exceptother than: (ia) Permitted Investmentsinvestments in Cash Equivalents; (ii) the Company may own Capital Stock of wholly-owned Subsidiaries created in accordance with Section 6.23; (iii) the Company may make equity contributions in any such Subsidiary; (iv) Guaranties permitted by Section 6.1 and Guaranties by the Company of obligations of its Subsidiaries to the extent such obligations are set forth in the then current Project Budget and Operating Budget; (v) the Company may enter into reasonable joint marketing agreements or arrangements; (vi) the Company may, through any of its Subsidiaries, become a joint venturer in a joint venture so long as (x) such Subsidiary shall not enter into, incur or permit to exist any agreement or other arrangement that prohibits, restricts or imposes any condition upon the ability of such Subsidiary to pay dividends or otherwise make distributions on its Capital Stock and (y) parties to the transaction with such Subsidiary shall have no recourse against the Company in respect of such transaction; and 110 (vii) the Company may acquire capacity on other telecommunications systems on reasonable, arm's-length terms, PROVIDED that any costs related thereto are (i) included within the Project Budget or the relevant Operating Budget or (ii) are supported by Capacity Commitments by customers seeking interim capacity prior to completion of the Project; provided, however, that any acquisition of such interim capacity shall be funded directly with proceeds received under related Capacity Sales Agreements. (b) The Company shall notif no Default or Event of Default has occurred and is continuing or would result therefrom, (i) purchases or other acquisitions of stock, obligations or securities of, any other Person which, as a result thereof, becomes a Wholly-owned Subsidiary, and shall (ii) acquisitions from any other Person of any division, plant or other business unit, in each case specified in the foregoing clauses (i) and (ii) in a negotiated transaction not permit any involving a line of its Subsidiaries to enter into any management contract business or business activities not permitted by section 5.05; (other than the Construction Management Agreementsc) loans, the Facilities Management Agreement and the Marketing Agreement advances and other than any investments in the Borrower's existing Wholly-owned Restricted Subsidiaries, and loans, advances and other agreement investments in Persons which become Wholly-owned Restricted Subsidiaries in transactions referred to in the foregoing clause (b) or in transactions referred to in clause (ii) of section 5.08(a); (d) loans, advances and other investments by Restricted Subsidiaries in the Borrower; (e) loans, advances and investments in Unrestricted Subsidiaries in an aggregate amount which, after giving effect thereto, are not in excess of 10% of the Borrower's Consolidated Tangible Net Worth; and (f) other loans, advances and investments made after the Restatement Effective Date, not otherwise permitted by the Company and/or a Subsidiary thereof which is approved by the Administrative Agent) or similar arrangement whereby its business or operations are managed by any other Person; ***foregoing clauses of this section, in an aggregate amount not in excess of $1,000,000.