Common use of Investments and Advances Clause in Contracts

Investments and Advances. Make or permit any Subsidiary to make any loan or advance to any Person, or purchase, redeem or otherwise acquire, or permit any such Subsidiary to purchase, redeem or otherwise acquire any capital stock, assets, obligations or other securities, or make any capital contribution to otherwise invest in or acquire any interest in any Person (including, without limitation, any Borrower or any Subsidiary or Affiliate of any Borrower), except: (a) obligations issued or guaranteed by states or municipalities within the United States of American and rated at least A-1 by Standard & Poor's; (b) obligations issued or guaranteed by the United States of America or any agency or subdivision thereof, the payment or guarantee of which constitutes a full faith and credit obligation of the United States of America; (c) certificates of deposit, time deposits, Eurodollar certificates of deposit, bankers acceptances and other money market instruments issued by any bank, trust company or financial institution organized under the laws of the United States of America or any state (or in the case of Eurodollar certificates of deposit, a branch of any such bank, trust company or financial institution) having capital and surplus in an aggregate amount not less than $200,000,000 and with such instrument rated at least A-1 by Standard & Poor's; (d) commercial paper rated at least Prime-1 by Xxxxx'x Investor Services or A-1 by Standard & Poor's; (e) repurchase agreements entered into with any bank, trust company or other financial institution organized under the laws of the United States of America or any state having capital and surplus in an aggregate amount not less than $200,000,000 and which are fully secured by obligations of the type described in Section 9.03(b); (f) investments of Borrower in any Subsidiary (excluding Graphcorr, LLC) or investment of any Subsidiary in any other Subsidiary (excluding Graphcorr, LLC); and (g) loans, advances, guaranty obligations, capital contributions or other investments of any nature in Graphcorr in excess of the amount of all such investments on March 31, 2001.

Appears in 2 contracts

Samples: Credit Agreement (Disc Graphics Inc /De/), Credit Agreement (Disc Graphics Inc /De/)

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Investments and Advances. Make or permit any Subsidiary to make any loan or advance to any Person, or purchase, redeem or otherwise acquire, or permit any such Subsidiary to purchase, redeem or otherwise acquire any capital stock, assets, obligations or other securities, or make any capital contribution to otherwise invest in or acquire any interest in any Person (including, without limitation, any Borrower or any Subsidiary or Affiliate of any Borrower), except: (a) obligations issued or guaranteed by states or municipalities within the United States of American and rated at least A-1 by Standard & Poor's; (b) obligations issued or guaranteed by the United States of America or any agency or subdivision thereof, the payment or guarantee of which constitutes a full faith and credit obligation of the United States of America; (c) certificates of deposit, time deposits, Eurodollar certificates of deposit, bankers acceptances and other money market instruments issued by any bank, trust company or financial institution organized under the laws of the United States of America or any state (or in the case of Eurodollar certificates of deposit, a branch of any such bank, trust company or financial institution) having capital and surplus in an aggregate amount not less than $200,000,000 and with such instrument rated at least A-1 by Standard & Poor's; (d) commercial paper rated at least Prime-1 by Xxxxx'x Moody's Investor Services or A-1 by Standard bx Xxxxxard & Poor's; (e) repurchase agreements entered into with any bank, trust company or other financial institution organized under the laws of the United States of America or any state having capital and surplus in an aggregate amount not less than $200,000,000 and which are fully secured by obligations of the type described in Section 9.03(b); (f) investments Acquisitions permitted pursuant to Section 9.07 hereof; (g) Investments of Borrower in any Subsidiary a Domestic Subsidiary, provided it is a Guarantor; (excluding Graphcorr, LLCh) Borrower's investments or investment advances in amounts of any Subsidiary up to an aggregate of $750,000 in any other Subsidiary (excluding Graphcorr, LLC)Affiliates which are not Domestic Subsidiaries; and (gi) loans, advances, guaranty obligations, capital contributions or other investments Purchases of any nature Borrower's common stock in Graphcorr in excess connection with the exercise of the amount of all such investments on March 31, 2001options granted under Borrower's employee stock option plans.

Appears in 1 contract

Samples: Credit Agreement (Vicon Industries Inc /Ny/)

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Investments and Advances. Make or permit any Subsidiary to make any loan or advance to any Person, or purchase, redeem or otherwise acquire, or permit any such Subsidiary to purchase, redeem or otherwise acquire any capital stock, assets, obligations or other securities, or make any capital contribution to otherwise invest in or acquire any interest in any Person (including, without limitation, any Borrower or any Subsidiary or Affiliate of any Borrower), except: (a) obligations issued or guaranteed by states or municipalities within the United States of American and rated at least A-1 by Standard & Poor's; (b) obligations issued or guaranteed by the United States of America or any agency or subdivision thereof, the payment or guarantee of which constitutes a full faith and credit obligation of the United States of America; (c) certificates of deposit, time deposits, Eurodollar certificates of deposit, bankers acceptances and other money market instruments issued by any bank, trust company or financial institution organized under the laws of the United States of America or any state (or in the case of Eurodollar certificates of deposit, a branch of any such bank, trust company or financial institution) having capital and surplus in an aggregate amount not less than $200,000,000 and with such instrument rated at least A-1 by Standard & Poor's; (d) commercial paper rated at least Prime-1 by Xxxxx'x Investor Services or A-1 by Standard & Poor's; (e) repurchase agreements entered into with any bank, trust company or other financial institution organized under the laws of the United States of America or any state having capital and surplus in an aggregate amount not less than $200,000,000 and which are fully secured by obligations of the type described in Section 9.03(b); (f) investments of Borrower in any Subsidiary (excluding Graphcorr, LLC) or investment of any Subsidiary in any other Subsidiary (excluding Graphcorr, LLC)Acquisitions permitted pursuant to Section 9.07 hereof; and (g) loans, advances, guaranty obligations, capital contributions or other investments of any nature in Graphcorr in excess of the amount of all such investments on March 31, 2001.

Appears in 1 contract

Samples: Credit Agreement (Disc Graphics Inc /De/)

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