Common use of Investments and Acquisitions Clause in Contracts

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any Acquisition, except that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the its Restricted Subsidiaries to, directly or indirectly, indirectly make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any Acquisition, except that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower Borrowers shall not, and ---------------------------- shall not permit any of the Restricted Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any AcquisitionAcquisition or Investment; provided, except however, that so long as no Default then exists or would be caused therebythe Borrowers and -------- ------- the Restricted Subsidiaries may:

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted its Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any AcquisitionAcquisition or Investment; PROVIDED, except that so long as no Default then exists or would be caused therebyHOWEVER, that:

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted its Subsidiaries to, directly or indirectly, make any loan or advance, or make any Investment or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business)Person, or make any Acquisition, except that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower Borrowers shall not, and shall not permit any of the Restricted Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any AcquisitionAcquisition or Investment; provided, except however, that so long as no Default then exists or would be caused therebythe Borrowers and the Restricted Subsidiaries may:

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted its Subsidiaries to, directly or indirectly, (a) make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock or other securities of any Person or other assets or property (other than (i) assets or property in the ordinary course of business)business or (ii) Permitted Investments; or (b) except with the consent of the Majority Banks, or make any Acquisition, except that so long as no Default then exists or would be caused thereby:acquisition.

Investments and Acquisitions. The Except as permitted under Section 7.7 hereof, the Borrower shall not, and shall not permit any of the Restricted Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any Acquisition, except that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the its Restricted Subsidiaries to, directly or indirectly, make any loan or loan, advance, or otherwise acquire for consideration evidences of Indebtednessindebtedness, Capital Stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any AcquisitionPerson, except that so long as no Default then exists or would be caused therebythe Borrower and its Restricted Subsidiaries may:

Investments and Acquisitions. The Borrower shall not, and shall not permit any cause each of the its Restricted Subsidiaries not to, directly or indirectly, make any loan or advance, or make any 61 69 Investment or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business)Person, or make any Acquisition, except that the Borrower may make Investments in its own Restricted Subsidiaries, and that, so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower shall not, and ---------------------------- shall not permit any of the Restricted Subsidiaries Subsidiary to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any Acquisition; provided, except that so long as no Default then exists or would be caused thereby:however, that: -------- -------

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted its Subsidiaries to, directly or indirectly, indirectly make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any Acquisition, Acquisition or Investment except that so long as no Default then exists or would be caused therebythat:

Investments and Acquisitions. The Borrower shall not, and shall cause each of its Subsidiaries not permit any of the Restricted Subsidiaries to, directly or indirectly, make any loan or advance, or make any Investment or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business)Person, or make any Acquisition, except that that, so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower shall not, and shall not permit any cause each of the its Restricted Subsidiaries not to, directly or indirectly, make any loan or advance, or make any Investment or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business)Person, or make any Acquisition, except that the Borrower may make Investments in its own Restricted Subsidiaries, and that, so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower shall not, and ---------------------------- shall not permit any of the Restricted its Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any Acquisition, except that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted its Subsidiaries to, directly or indirectly, indirectly make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any AcquisitionAcquisition or Investment, except that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Parent and the Borrower shall not, and shall not permit any of the Restricted Borrower's Subsidiaries to, directly or indirectly, make any loan loan, investment or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any Acquisition; provided, except however, that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower Borrowers shall not, and shall not permit any of the Restricted Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any other Person or other assets or property (other than assets or property in the ordinary course of business), or make any AcquisitionAcquisition or Investment; provided, except however, that so long as no Default then exists or would be caused therebythe Borrowers and the Restricted Subsidiaries may:

Investments and Acquisitions. The Borrower shall not, and shall not permit any cause each of the its Restricted Subsidiaries not to, directly or indirectly, make any loan or advance, or make any Investment or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business)Person, or make any Acquisition, except that so long as no Default then exists or would be caused thereby:the Borrower may make Investments in its own Consolidated Subsidiaries,

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted Borrower's Subsidiaries to, directly or indirectly, indirectly make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property (i) acquired in the ordinary course of business, (ii) received in connection with a capital contribution from a Member or (iii) received in connection with a Permitted Asset Sale), or make any Acquisition, except that so long as no Default then exists or would be caused thereby:

Investments and Acquisitions. The Borrower shall not, and shall not permit any of the Restricted its Subsidiaries to, directly or indirectly, make any loan or advance, or otherwise acquire for consideration evidences of Indebtedness, Capital Stock capital stock or other securities of any Person or other assets or property (other than assets or property in the ordinary course of business), or make any AcquisitionAcquisition or Investment; provided, except that so long as no Default then exists or would be caused therebyhowever, that: