Investments and Loans Sample Clauses

Investments and Loans. No Company shall: (a) create, acquire or hold any Subsidiary, (b) make or hold any investment in any stocks, bonds or securities of any kind, (c) be or become a party to any joint venture or other partnership, (d) make or keep outstanding any advance or loan to any Person, or (e) be or become a Guarantor of any kind; provided, that this Section shall not apply to: (i) any endorsement of a check or other medium of payment for deposit or collection through normal banking channels or similar transaction in the normal course of business; (ii) any investments in cash or Cash Equivalents; (iii) the holding of Subsidiaries listed on Schedule 7.1 hereto as of the Closing Date; (iv) intercompany loans to the extent permitted under Section 5.8(d); (v) any advance or loan to an officer, director or employee of a Company made in the ordinary course of such Company’s business, so long as all such advances and loans from all Companies aggregate not more than the maximum principal sum of $25,000 at any time outstanding; (vi) the creation, acquisition or holding of any Wholly-Owned Subsidiary that is a Domestic Subsidiary so long as such Subsidiary is in compliance with Section 5.22 of this Agreement; (vii) extensions of trade credit in the ordinary course of business; (viii) investments by Borrowers in Hedge Agreements other than for speculative purposes; (ix) investments acquired by Borrowers (a) in exchange for any other investment held by Borrowers in connection with or as a result of a bankruptcy, workout, reorganization or recapitalization of the issuer of such other investment or (b) as a result of the foreclosure by Borrowers with respect to any secured investment or other transfer of title with respect to any secured investment in default; (x) investments, loans and guaranties described on Schedule 5.11 hereto and any renewal or replacement thereof; (xi) investments that constitute Restricted Payments permitted under Section 5.20 hereof; (xii) Investments in Capital Expenditures to the extent permitted hereunder; (xiii) guaranties permitted under Section 5.8 hereof; (xiv) contributions of capital by any Credit Party to any other Credit Party until such time as Agent or the Required Lenders directs the Credit Parties during the existence of a Default or Event of Default, that no such contribution of capital may be made; or (xv) other investments in an aggregate amount not to exceed $100,000.

Investments and Loans. Make or permit to exist investments in or --------------------- loans to any other Person, except: (a) Cash Equivalents; and (b) loans and advances to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business in an aggregate outstanding amount not in excess of $1,000,000 at any time.

Investments and Loans. 31 SECTION 5.12.

Investments and Loans. The Borrower will not, and will not permit any other Loan Party to, make or permit to remain outstanding any Investments in or to any Person or any intercompany loans, except that the foregoing restriction shall not apply to: (a) Investments as of the Effective Date which are disclosed to the Lenders in Schedule 9.05; (b) accounts receivable arising in the ordinary course of business and promissory notes received in settlement of any such accounts receivable; (c) direct obligations of the United States or any agency thereof, or obligations guaranteed by the United States or any agency thereof, in each case maturing within one year from the date of creation thereof; (d) commercial paper maturing within one year from the date of creation thereof having a rating of at least P-2 or A-2 from either Xxxxx’x or S&P, respectively; (e) deposits maturing within one year from the date of creation thereof with, including certificates of deposit issued by, any Lender or any office located in the United States of any other bank or trust company which is organized under the laws of the United States or any state thereof, has capital, surplus and undivided profits aggregating at least $100,000,000 (as of the date of such bank or trust company’s most recent financial reports) and has a short term deposit rating of no lower than A2 or P2, as such rating is set forth from time to time, by S&P or Xxxxx’x, respectively; (f) deposits in money market funds investing not less than 90% of their assets in Investments described in Section 9.05(c), Section 9.05(d) or Section 9.05(e); (g) Investments (i) made by the Borrower in or to any of the Guarantors including any Person who, contemporaneously with the making of such Investment, becomes a Guarantor, (ii) made by any Restricted Subsidiary in or to the Borrower or any Guarantor, and (iii) in an aggregate amount at any one time outstanding not to exceed $15,000,000, made by the Borrower or any Restricted Subsidiary in or to all other Restricted Subsidiaries which are not Guarantors; (h) Investments in Unrestricted Subsidiaries not to exceed $10,000,000 in the aggregate at any time; and (i) other Investments not to exceed $15,000,000 in the aggregate at any time.

Investments and Loans. No Company shall (a) create, acquire or hold any Subsidiary, (b) make or hold any investment in any stocks, bonds or securities of any kind, (c) be or become a party to any joint venture or other partnership without the prior written consent of Agent and the Required Lenders, (d) make or keep outstanding any advance or loan to any Person, or (e) be or become a Guarantor of any kind; provided, that this Section shall not apply to: (i) any endorsement of a check or other medium of payment for deposit or collection through normal banking channels or similar transaction in the normal course of business; (ii) investments by the Companies in Cash Equivalents; (iii) the holding of Subsidiaries listed on Schedule 4.01 hereto and the creation, acquisition and holding of any new Subsidiary after the Closing Date, so long as such new Subsidiary is created, acquired or held in accordance with the terms and conditions of this Agreement, including, without limitation, Section 5.12, Section 5.13, and Section 5.20 hereof; (iv) loans to a Company from a Company, or investments in a Company by a Company, so long as each such Company is Borrower or a Guarantor of Payment; (v) Permitted Foreign Subsidiary Loans and Investments; Table of Contents (vi) guarantees of Indebtedness of the Companies incurred or permitted pursuant to this Agreement (including any guaranty of the Indebtedness permitted pursuant to Section 5.08 hereof); (vii) any advance or loan to an officer or employee of a Company made in the ordinary course of such Company’s business, so long as all such advances and loans from all Companies aggregate not more than the maximum principal sum of $7,500,000 at any time outstanding; (viii) any Permitted Third Party Investment; (ix) Acquisitions permitted pursuant to Section 5.13 hereof; or (x) Permitted Insurance Subsidiary Loans and Investments.

Investments and Loans. Neither Borrower nor any Subsidiary shall make any loan, advance, extension of credit or capital contribution to, or purchase or otherwise acquire for consideration, evidences of indebtedness, capital stock or other securities of any Person, except that Borrower and any Subsidiary may: (a) purchase or otherwise acquire and own short-term money market items; (b) invest, by way of purchase of securities or capital contributions, in the Subsidiary Banks or any other bank or banks, and upon Borrower’s purchase or other acquisition of twenty-five percent (25%) or more of the stock of any bank, such bank shall thereupon become a “Subsidiary Bank” for all purposes under this Agreement; (c) invest, by way of loan, advance, extension of credit (whether in the form of lease, conditional sales agreement, or otherwise), purchase of securities, capital contributions, or otherwise, in Subsidiaries other than banks or Subsidiary Banks; (d) invest, by way of purchase of securities or capital contributions, in other Persons so long as before and after giving effect thereto no Event of Default or Unmatured Event of Default shall have occurred and be continuing and the investment is in compliance with Regulation Y of the Federal Reserve Board; and (e) in the case of any Trust Issuer, purchase any Trust Indebtedness and, in the case of Borrower, purchase any common securities of any Trust Issuer and issue any Trust Guarantees. Nothing in this Section 5.6 shall prohibit a Subsidiary Bank from making investments, loans, advances, or other extensions of credit in the ordinary course of the banking business upon such terms as may at the time be customary in the banking business.

Investments and Loans. Purchase or otherwise acquire any stock, security, obligation or evidence of indebtedness of, make any capital contribution to, own any equity interest in, or make any loan or advance to, any other Person; provided, however, that the Borrower and its Consolidated Entities may (A) continue to hold all stock of and own partnership interests in the Persons that constitute Consolidated Entities on the Closing Date and Persons that thereafter become Consolidated Entities as a result of Acquisitions permitted under Section 8.8; (B) make Permitted Investments; and (C) make investments in an amount not exceeding 15% of Consolidated Total Assets.

Investments and Loans. The Company and CEDS will not, and will not permit any Subsidiary to, purchase or hold beneficially any stock or other securities or evidences of indebtedness of, make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person, except: (i) investments in direct obligations of the United States of America or any agency or instrumentality thereof whose obligations constitute full faith and credit obligations of the United States of America having a maturity of one year or less, (ii) commercial paper having a maturity of one year or less issued by U.S. corporations rated "A-1" by Standard & Poors Corporation or "P-1" by Xxxxx'x Investors Service, (iii) certificates of deposit or bankers' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having combined capital, surplus, and undivided profits in excess of $300,000,000 and having a senior unsecured rating of "A" or better by a nationally recognized rating agency (an "A Rated Bank"), (iv) time deposits, maturing no more than thirty (30) days from the date of creation thereof with A Rated Banks, and (v) mutual funds that invest solely in one or more of the investments described in clauses (i) through (iv) above; (b) advances in the ordinary course of business in the form of commercially reasonable security deposits; (c) expense advances to officers and employees in the ordinary course of business in accordance with the Company's policy; (d) each Loan Party's existing investment in its Subsidiaries as of the Closing Date or any Fixed Indebtedness permitted under Section 7.02(g) above; or (e) with respect to CEDS only, notes payable, stock or other securities issued by an account debtor to CEDS pursuant to negotiated agreements with respect to settlement of such account debtor's accounts in the ordinary course of business, so long as the aggregate amount of such accounts so settled does not exceed $100,000.

Investments and Loans. The Borrower will not, and will not permit any Consolidated Party to, have or make any loan or advance to or investment in any Subsidiary or other Affiliate or any other Persons except (i) Subsidiaries of the Borrower may make any loans and/or advances to the Borrower, (ii) for Permitted Investments, (iii) for investments that are Capital Expenditures; provided however, that neither the Borrower nor any of its Subsidiaries shall make such an investment in a Subsidiary other than a Credit Party except as permitted by Section 8.6 (a)(viii) hereof, (iv) the Borrower may maintain its Investments in, and have loans and/or advances to, its Subsidiaries existing on the date hereof and thereafter may make loans and/or advances to the other Credit Parties in the ordinary course of business consistent with past practices, (v) each Subsidiary of the Borrower may maintain its Investments in, and have loans and/or advances to, its Subsidiaries existing on the date hereof and thereafter may make loans and/or advances to such Subsidiaries that are Credit Parties in the ordinary course of business consistent with past practices, (vi) the Borrower may make loans and/or advances (A) to employees of the Borrower and its Subsidiaries, provided such loans do not exceed $500,000 to any one such employee and $1,500,000 in the aggregate and (B) to employees of the Borrower and its Subsidiaries to cover reasonable travel expenses incurred in the ordinary course of business within the scope of such employee's employment, (vii) the Borrower and its Subsidiaries may make investments (x) permitted by Section 8.6(b) and (y) in Fincx xx set forth in the Permitted Receivables Financing; provided, that any such Investments in Fincx xx be made in cash shall not exceed an aggregate outstanding amount of $10,000,000 at any one time, and, without duplication, (viii) loans, advances and Investments to and in Foreign Subsidiaries and joint ventures of the Borrower and its Subsidiaries in the cumulative amount of $50,000,000 from and after the Closing Date (in addition to the Borrower's Investments in WestPoint Stevxxx (Xxrope) Limited and WestPoint Stevxxx (XX) Limited existing as of the Closing Date), and (viii) advances and royalty payments to customers and licensors in the ordinary course of business.

Investments and Loans. Make or permit to exist any Investments, except: (a) Investments in cash and Cash Equivalents; (b) Investments in the form of trade credit extended on usual and customary terms in the ordinary course of business; (c) Investments by a Restricted Loan Party in another Restricted Loan Party; (d) [reserved]; (e) Investments listed on Schedule 7.4 hereto as of the Closing Date; provided that the amount or type of such Investment existing on the Closing Date shall not be increased other than due to increases in valuation in accordance with GAAP; (f) Investments in the Farm Credit Equities and any other equity interests of, or investments in, any Farm Credit Bank or their investment services or programs; (g) notes issued by any account debtors payable to any Restricted Loan Party, or equity interests issued by account debtors to any Restricted Loan Party, in each case, in good faith settlement of delinquent obligations pursuant to any plan of reorganization or similar proceedings upon the bankruptcy or insolvency of any such account debtor; (h) Investments received as the non-cash portion of consideration received in connection with Dispositions permitted hereunder to the extent not exceeding the limits specified therein for non-cash consideration; (i) Investments consisting of extensions of credit in the nature of accounts receivable or notes receivable arising from the grant of trade credit in the ordinary course of business; (j) endorsement of instruments for collection in the ordinary course of business; (k) Investments of any Person existing at the time such Person becomes a Restricted Loan Party or consolidates, merges or amalgamates with a Restricted Loan Party (including in connection with a permitted Investment) so long as such Investments were not made in contemplation of such Person becoming a Restricted Loan Party, or of such consolidation, merger or amalgamation and so long as the amount or type of such Investment existing at such time shall not be increased other than due to increases in valuation in accordance with GAAP; and (l) other Investments in an aggregate principal amount not to exceed $10,000,000. The amount of any Investment, as determined for the purposes of this Section 7.4, shall include, without limitation, the amount of any deferred compensation or similar arrangements incurred by the applicable Restricted Loan Party in connection with such Investment. 84