Investments and Guarantees. Neither the Borrower nor any of the Restricted Subsidiaries has any Investments or has outstanding any Guarantees, except as permitted by this Agreement or reflected in the financial statements described in Section 3.04(a).
Investments and Guarantees. Neither it nor any of its subsidiaries has any Investments or has outstanding any Guarantees, except as permitted by this Agreement or reflected in the financial statements described in Section 3.04(a).
Investments and Guarantees. No Loan Party will, nor will it permit any Subsidiary to, purchase, hold or acquire any Investment, except:
(a) Investments held by any Loan Party in the form of Cash Equivalents and similar Investments by any Subsidiary that is not a Loan Party;
(b) Investments existing on the date hereof and set forth in Schedule 6.05 (which Schedule may reflect the amount of such Investments as of the month most recently ended prior to the date hereof for which Borrower has completed its consolidated financial statements) of the Disclosure Schedules;
(c) Advances to officers, directors and employees of the Borrower and Subsidiaries for travel, entertainment, relocation and analogous business purposes in the ordinary course of business and in an aggregate amount not to exceed $2,000,000 at any time outstanding;
(d) Any (i) Investment by the Borrower and its Subsidiaries in Loan Parties, (ii) Investment by Subsidiaries of the Borrower that are not Loan Parties in other Subsidiaries that are not Loan Parties, and (iii) Investment by the Loan Parties in Subsidiaries that are not Loan Parties so long as (solely with respect to this clause (iii)) (A) the aggregate amount outstanding after giving effect to such Investment would not exceed the product of (1) $300,000,000 and (2) the number one plus a percentage (expressed as a decimal) equal to the percentage increase at such time in the Borrower’s total consolidated assets subsequent to June 30, 2011, (B) the Borrower is in compliance on a pro forma basis with the financial covenants set forth in Section 6.08 after giving effect to such transaction, and (C) no Event of Default is then existing or would be caused thereby;
(e) Investments consisting of extensions of credit in the nature of accounts or notes receivable arising from the grant of trade credit in the ordinary course of business; and Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent necessary in order to prevent or limit loss in an aggregate amount at any time not to exceed $50,000,000;
(f) Any Acquisition by Borrower or any Subsidiary involving the acquisition of all of the Equity Interests in, or all or substantially all of the assets of, any Person, that, upon the consummation thereof, will be wholly-owned by the Borrower or one or more of its wholly-owned Subsidiaries (including as a result of a merger or consolidation) and which satisfies each of the following requirements:
(i) such Acqui...
Investments and Guarantees. As of the Effective Date, neither the Borrower nor any Subsidiary has any Investments or has outstanding any Guarantees, except as permitted by this Agreement or reflected in the financial statements described in Section 3.04(a)(i).
Investments and Guarantees. 13 4.6 Litigation............................................................13 4.7 Taxes.................................................................13 4.8 Title to Properties; Liens............................................13 4.9 Leases................................................................13 4.10
Investments and Guarantees. As of the Effective Date, and except for usual and customary investments in oil and gas properties, Borrower has not made investments in, advances to or guarantees of the obligations of any Person, except as reflected in the Financial Statements or otherwise disclosed to the Lender in writing.
Investments and Guarantees. Section 3.13. Casualties; Taking of Property
Investments and Guarantees. 6.1.1 Neither the Borrower nor any Subsidiary will directly or indirectly, make or permit to be outstanding any loan or advance to any Person or purchase or acquire any capital stock, assets, obligations or other securities of, or make any capital contribution to, or otherwise invest in, or acquire any interest in, any Person, or participate as a partner or joint venturer with any other Person, other than (i) Cash Equivalents, (ii) ordinary and reasonable travel expense advances made to employees in the ordinary course of business, (iii) loans to employees of the Borrower; provided, however, that the aggregate outstanding principal sum of all such loans shall not exceed $250,000, (iv) investments in stock of any Subsidiary; provided that the Borrower complies with the provisions of Section 5.12 in connection with such investment, and (v) the acquisition of fee title to Properties.
6.1.2 Neither the Borrower nor any Subsidiary will directly or indirectly, assume, guarantee, endorse or otherwise be or become directly or contingently responsible or liable for the obligations of any Person (including, but not limited to, an agreement to purchase any obligation, stock, assets, goods or services or to supply or advance any funds, assets, goods, or services other than in the ordinary course of business, or otherwise to assure the creditors of any Person against loss) other than (i) guarantees by endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business, (ii) guarantees in favor of the Bank, or (iii) the guarantee by the Borrower (for mortgage loans to Borrower or to any Subsidiary of Borrower) of items that are commonly excepted by institutional lenders from their otherwise nonrecourse mortgage loans which shall be deemed to including the following: (A) misrepresentation in connection with the loan application, (B) misappropriation of security deposits, insurance proceeds and condemnation proceeds, (C) misappropriation of rents following default, (D) losses due to the environmental contamination of the subject property and (E) waste to the subject property.
Investments and Guarantees. The Borrower shall not purchase or invest in the shares or assets of any business, acquire or create any subsidiary or affiliated entity, or lend money to or guarantee the obligations of any Person unless such guarantees are (i) directly related to product workmanship, warranty and the issuance of irrevocable letters of guarantee to support the delivery of the Borrower’s product(s); and (ii) provided in the ordinary course of business;
Investments and Guarantees. Borrower has not made any investments in, -------------------------- advances to, or guarantees of, the obligations of any person or Business Entity, except as reflected in the financial statements referred to in Section 4.10 above or as otherwise disclosed to Lender in writing.
