Common use of Investments and Loans Clause in Contracts

Investments and Loans. Neither the Borrower nor any other Loan Party shall make any Investments or extend any loans or credit facilities to any Persons, except (a) Investments in Cash Equivalents, (b) advances to its employees in the ordinary course of business for travel, entertainment, relocation and general ordinary course of business purposes and loans to employees to purchase Capital Stock of Parent, (c) 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, (d) acquisitions of fixed assets, equipment and Inventory in the ordinary course of business to the extent not otherwise prohibited by the terms of this Agreement, (e) Investments and credit accommodations provided by any Loan Party to another Loan Party, (f) the Acquisition and Permitted Acquisitions, (g) loans and advances provided by any Loan Party to any of its Subsidiaries which are subordinated to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary in an aggregate amount not exceeding One Million Dollars ($1,000,000.00) in any Fiscal Year, and (j) Investments not otherwise permitted hereunder in an aggregate amount not exceeding Two Million Dollars ($2,000,000.00) in any Fiscal Year; provided, however, if the unpaid balance of the Term Loans and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided (i) such Investments are made with cash and Cash Equivalents; (ii) the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan Party.

Investments and Loans. Neither 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 other Loan Party of its Subsidiaries shall make any Investments or extend any loans or credit facilities to any Persons, such an investment in a Subsidiary other than a Credit Party except as permitted by Section 8.6 (aa)(viii) Investments in Cash Equivalentshereof, (biv) 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 its employees the other Credit Parties in the ordinary course of business for travelconsistent with past practices, entertainment(v) each Subsidiary of the Borrower may maintain its Investments in, relocation and general 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 purposes and 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 purchase Capital Stock any one such employee and $1,500,000 in the aggregate and (B) to employees of Parentthe Borrower and its Subsidiaries to cover reasonable travel expenses incurred in the ordinary course of business within the scope of such employee's employment, (cvii) extensions of credit the Borrower and its Subsidiaries may make investments (x) permitted by Section 8.6(b) and (y) in Fincx xx set forth in the nature Permitted Receivables Financing; provided, that any such Investments in Fincx xx be made in cash shall not exceed an aggregate outstanding amount of accounts receivable or notes receivable arising $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 grant Closing Date (in addition to the Borrower's Investments in WestPoint Stevxxx (Xxrope) Limited and WestPoint Stevxxx (XX) Limited existing as of trade credit the Closing Date), and (viii) advances and royalty payments to customers and licensors in the ordinary course of business, (d) acquisitions of fixed assets, equipment and Inventory in the ordinary course of business to the extent not otherwise prohibited by the terms of this Agreement, (e) Investments and credit accommodations provided by any Loan Party to another Loan Party, (f) the Acquisition and Permitted Acquisitions, (g) loans and advances provided by any Loan Party to any of its Subsidiaries which are subordinated to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary in an aggregate amount not exceeding One Million Dollars ($1,000,000.00) in any Fiscal Year, and (j) Investments not otherwise permitted hereunder in an aggregate amount not exceeding Two Million Dollars ($2,000,000.00) in any Fiscal Year; provided, however, if the unpaid balance of the Term Loans and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided (i) such Investments are made with cash and Cash Equivalents; (ii) the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan Party.

Investments and Loans. Neither the Borrower nor any other Loan Party No Company shall make any Investments or extend any loans or credit facilities to any Persons, except (a) Investments in Cash Equivalentsmake or keep outstanding any advance or loan to any Person (other than Borrower), or (b) advances be or become a Guarantor of any kind, except guarantees securing only indebtedness of the Companies incurred or permitted pursuant to its employees this Agreement or guaranties of loans to Borrower; 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 ordinary course of business for travel, entertainment, relocation and general ordinary course of business purposes and loans to employees to purchase Capital Stock of Parent, (c) extensions of credit in the nature of accounts receivable or notes receivable arising from the grant of trade credit in the ordinary normal course of business; (ii) any investment in direct obligations of the United States of America or in certificates of deposit issued by a member bank of the Federal Reserve System; (iii) any investment in commercial paper or securities which at the time of such investment is assigned the highest quality rating in accordance with the rating systems employed by either Xxxxx'x Investor Service, Inc. or Standard and Poor's Corporation; (div) acquisitions any loans to any Subsidiary and guaranties of fixed assetsthe Indebtedness of a Subsidiary not in excess of the aggregate amount, equipment for all Companies and Inventory in the ordinary course of business to the extent not otherwise prohibited by the terms of this Agreement, (e) Investments and credit accommodations provided by any Loan Party to another Loan Party, (f) the Acquisition and Permitted Acquisitions, (g) for all such loans and advances provided by any Loan Party to any guaranties, of its Subsidiaries which are subordinated to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary in an aggregate amount not exceeding One Fifty Million Dollars ($1,000,000.0050,000,000); (v) in addition to the amount set forth in subpart (iv) hereof, the Casting Guaranty; (vi) in addition to the amount set forth in subpart (iv) hereof, the guaranty of the Insurance Company Loans; or (vii) in addition to the amount set forth in subpart (iv) hereof but at all times subject to the proviso at the end of this Section 5.10, loans for the purchase price of the Speedline stock and retirement of Indebtedness of Speedline existing on the Closing Date; provided that, anything herein to the contrary notwithstanding, no loans shall be made to, investments in, or guaranties or other consideration given for the benefit of, Speedline and any Fiscal Yearother Subsidiaries of Borrower that are not organized under the laws of a state of the United States in excess of the aggregate of, and (j) Investments not otherwise permitted hereunder in an aggregate amount not exceeding Two for all such loans, investments, guaranties or other considerations, One Hundred Fifty Million Dollars ($2,000,000.00) in any Fiscal Year; provided, however, if the unpaid balance of the Term Loans and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided (i) such Investments are made with cash and Cash Equivalents; (ii) the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan Party150,000,000).

Investments and Loans. Neither the Borrower Section 6.5 The Credit Parties will not, nor will they permit any other Loan Party shall Restricted Subsidiary to, make any Investments Investment or extend contract to make any loans or credit facilities to any Persons, Investment except for the following (athe “Permitted Investments”): cash and Cash Equivalents;(a) Investments in Cash Equivalents, existing as of the Closing Date as set forth on Schedule 1.1(a) (bwhich shall include(b) new Restaurant development); receivables owing to the Credit Parties or any of their Restricted Subsidiaries or any receivables(c) and advances to its employees suppliers, in each case if created, acquired or made in the ordinary course of business for traveland payable or dischargeable in accordance with customary trade terms; Investments in and loans to any Credit Party;(d) loans and advances to officers, entertainmentdirectors and employees in an aggregate amount not to exceed(e) $200,000 at any time outstanding; provided that such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); Investments (including debt obligations) received in connection with the bankruptcy or(f) reorganization of suppliers and customers and in settlement of delinquent obligations of, relocation and general other disputes with, customers and suppliers arising in the ordinary course of business business; Permitted Acquisitions;(g) the construction or development of a new Restaurant; provided, however, that in each such case, at(h) the time such Credit Party enters into a contract obligating a Credit Party or any of its Restricted Subsidiaries to commence construction or development of a new Restaurant which obligates any Credit Party to pay greater than $250,000 in the aggregate (i) no Event of Default under Section 7.1(a) or (f) shall have occurred and be continuing or would exist after giving effect to the construction or development of the new Restaurant, and (ii) after giving effect to the construction or development of such new Restaurant on a Pro Forma Basis, the Credit Parties are in compliance with the financial covenant set forth in Section 5.9 (each such construction or development of a new Restaurant permitted pursuant to this clause (h) shall be referred to in this Agreement as a “Permitted Construction Transaction”); Bank Products to the extent permitted hereunder;(i) [reserved];(j) -112- additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses(k) hereof; provided that such loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of $2,000,000 at any one time outstanding; additional Investments in an aggregate amount after the Seventh Amendment Effective Date not to(l) exceed the greater of (i) $50,000,000 and (ii) 40% of Consolidated EBITDA as of the most recently completed Reference Period (less any amount utilized under Sections 6.10(e) and 6.11(b)(iv)); Investments; provided that (i) the Total Net Leverage Ratio, calculated on a Pro Forma Basis and(m) as of the most recently completed Reference Period, is not greater than 3.00 to 1.00 and (ii) no Event of Default has occurred and is continuing (or would result therefrom); provided that, in the case of a Limited Condition Acquisition, this clause (ii) is subject to the provisions of Section 1.6; and other Investments made with any portion of the then unutilized Available Amount; provided that(n) no Event of Default shall have occurred and be continuing (or would result therefrom ) provided that, in the case of a Limited Condition Acquisition, this is subject to the provisions of Section 1.6. For purposes and loans to employees to purchase Capital Stock of Parentdetermining compliance with this Section 6.5, (cx) extensions Investments need not be permitted solely by reference to one category of credit permitted Investments described in this Section 6.5, but may be permitted in part under any combination thereof, (y) in the nature event that an item of accounts receivable Indebtedness (or notes receivable arising from any portion thereof) meets the grant criteria of trade credit more than one of the categories of permitted Investments entitled to be incurred under this Section 6.5, the Borrower in its sole discretion, will classify and may later, upon written notice to the Administrative Agent, divide, classify and reclassify such permitted Investment (or any portion thereof) in a manner that complies with this Section 6.5, and (z) the Borrower will only be required to include the amount and type of such Investment (or any portion thereof) in one of the above clauses. Transactions with Affiliates.Section 6.6 The Credit Parties will not, nor will they permit any Restricted Subsidiary to, enter into any transaction or series of transactions, whether or not in the ordinary course of business, with any officer, director, shareholder or Affiliate other than on terms and conditions substantially as favorable as would be obtainable in a comparable arm’s-length transaction with a Person other than an officer, director, shareholder or Affiliate, other than (a) transactions solely between or among Credit Parties, (b) the Franchise Agreements, (c) transactions related to the Cambridge Acquisition (d) acquisitions engage in certain transactions with Burger King Corporation and Popeyes Louisiana Kitchen, Inc. and take other actions or enter into such agreements, arrangements or transactions with Burger King Corporation or Popeyes Louisiana Kitchen, Inc., RBI and/or any of fixed assets, equipment and Inventory their respective Affiliates reasonably deemed necessary or advisable in the ordinary course reasonable business judgment of business the Credit Parties to the extent not otherwise prohibited by the terms of this Agreementown and operate Burger King Corporation franchises and Popeyes Louisiana Kitchen, Inc. franchises, (e) Investments any Restricted Payment permitted by Section 6.10 and credit accommodations provided by any Loan Party to another Loan Party, (f) the Acquisition leases and Permitted Acquisitions, (g) loans and advances provided by any Loan Party to any of its Subsidiaries which are subordinated subleases with respect to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments BK Leases or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary in an aggregate amount not exceeding One Million Dollars ($1,000,000.00) in any Fiscal Year, and (j) Investments not otherwise permitted hereunder in an aggregate amount not exceeding Two Million Dollars ($2,000,000.00) in any Fiscal Year; provided, however, if the unpaid balance of the Term Loans and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided (i) such Investments are made with cash and Cash Equivalents; (ii) the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan PartyPopeyes Leases.

Investments and Loans. Neither the Borrower nor Make or permit to exist investments in, loans to or distributions to any other Loan Party shall make any Investments or extend any loans or credit facilities to any PersonsPerson, except except: (a) Investments in Cash Equivalents, Equivalents held by a Borrower; (b) loans and advances to its employees of Borrowers for moving, entertainment, travel and other similar expenses in the ordinary course of business for travel, entertainment, relocation and general ordinary course in an aggregate outstanding amount not in excess of business purposes and loans to employees to purchase Capital Stock of Parent, $250,000 at any time; (c) extensions loans in respect of credit intercompany Indebtedness permitted in the nature subsection 7.1 of accounts receivable or notes receivable arising from the grant of trade credit in the ordinary course of business, this Agreement; (d) acquisitions of fixed assets, equipment and Inventory investments by any Borrower in the ordinary course capital stock of business to any Subsidiary that is a Borrower on the extent not otherwise prohibited by Closing Date or in any Person that has become a Subsidiary and a Borrower after the Closing Date in accordance with the terms of subsection 7.11 of this Agreement, Agreement or otherwise with the prior written consent of the Collateral Agent; (e) Investments and credit accommodations provided by any Loan Party to another Loan Partythe investments disclosed on Schedule 7.4 existing on the date hereof, (f) the Acquisition and Permitted Acquisitions, (g) loans and advances provided by any Loan Party to any of its Subsidiaries which are subordinated to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary Acquisitions Permitted Acquisitions in an aggregate amount not exceeding One to exceed Twenty-Five Million Dollars ($1,000,000.0025,000,000) and the Peak Acquisition, (g) Other Investments not to exceed Twenty-Five Million Dollars ($25,000,000) in the aggregate, (h) distributions permitted by subsection 7.5, (i) promissory notes and other non-cash consideration received in connection with any Fiscal YearAsset Disposition permitted hereunder, and (j) Investments securities received in connection with the satisfaction or enforcement of claims due or owing to Company or any of its Subsidiaries or as security for any such claim. Notwithstanding any contrary provision contained in this Agreement (including, without limitation, the provisions of subsection 7.1 of this Agreement), Borrowers shall not otherwise permitted hereunder permit any Inactive Entity to acquire any assets, incur any Indebtedness or Liabilities of any kind, conduct any business, perform any operations (other than those specifically required for liquidation or dissolution), receive any distributions from any Borrower or from any Subsidiary of any Borrower, unless the distribution is required to allow an Inactive Entity to pay a Liability (but not in an aggregate amount not exceeding Two Million Dollars (excess of $2,000,000.00) in any Fiscal Year100,000; provided, however, if that Borrowers shall provide Collateral Agent with at least three (3) Business Days' prior written notice prior to paying any Liability in excess of $20,000) that arose prior to the unpaid balance date of this Agreement, make any investments or issue any stock or other equity interests. Notwithstanding anything to the contrary contained in this transaction, the Peak Acquisition shall be permitted only upon satisfaction of the Term Loans following terms and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided conditions: (i) such Investments are made Collateral Agent shall have received a copy of any amendments to the Agreement and Plan of Merger by and among Sun Healthcare Group, Inc., Pinnacle Acquisition Corp., Peak Medical Corporation and Stockholders of Peak Medical Corporation, certified by Borrowers to be true and accurate copies of the same, and which amendments shall not substantially change the form of agreement filed with cash and Cash Equivalents; Sun Healthcare Group, Inc.'s proxy statement filed with the SEC on July 8, 2005, (ii) all representations and warranties of Borrowers in the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Loan Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan PartyDocument shall be true and correct in all material respects at and as of the date hereof and as of the effective date of this consent as though then made, except (A) to the extent of the changes caused by the transactions expressly contemplated herein, and (B) for such representations and warranties as by their terms expressly speak as of an earlier date, (iii) to the extent that the transaction results in a Person becoming a direct or indirect Subsidiary of any Borrower, Borrowers shall cause any such Subsidiary to comply with Section 7.11 hereunder and become a Borrower, (iv) Collateral Agent shall have received, in form and substance satisfactory to it, evidence of (i) repayment in full and termination of Indebtedness and obligations owing to GE HFS Holdings, Inc. and all related documents, agreements and instruments and all Liens, security interests and Uniform Commercial Code financing statements relating thereto, and (ii) release and termination of any and all Liens, security interest and/or Uniform Commercial Code financing statements in, on, against or with respect to any of the assets being acquired in connection with the Peak Acquisition (v) Borrowers shall be in compliance with the covenants set forth in the Financial Covenants Rider, both before and after giving effect to the Peak Acquisition and (vi) no Default or Event of Default shall have occurred and be continuing or would occur after giving effect to the Peak Acquisition.

Investments and Loans. Neither the Borrower nor any other Loan Party No Company shall make any Investments or extend any loans or credit facilities to any Persons, except (a) Investments in Cash Equivalentsmake or keep outstanding any advance or loan to any Person (other than Borrower), or (b) advances be or become a Guarantor of any kind, except guarantees securing only indebtedness of the Companies incurred or permitted pursuant to its employees this Agreement or guaranties of loans to Borrower; 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 ordinary course of business for travel, entertainment, relocation and general ordinary course of business purposes and loans to employees to purchase Capital Stock of Parent, (c) extensions of credit in the nature of accounts receivable or notes receivable arising from the grant of trade credit in the ordinary normal course of business; (ii) any investment in direct obligations of the United States of America or in certificates of deposit issued by a member bank of the Federal Reserve System; (iii) any investment in commercial paper or securities which at the time of such investment is assigned the highest quality rating in accordance with the rating systems employed by either Moodx'x Xxxestor Service, Inc. or Standard and Poor's Corporation; (div) acquisitions any loans to any Subsidiary and guaranties of fixed assetsthe Indebtedness of a Subsidiary not in excess of the aggregate amount, equipment for all Companies and Inventory in the ordinary course of business to the extent not otherwise prohibited by the terms of this Agreement, (e) Investments and credit accommodations provided by any Loan Party to another Loan Party, (f) the Acquisition and Permitted Acquisitions, (g) for all such loans and advances provided by any Loan Party to any guaranties, of its Subsidiaries which are subordinated to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary in an aggregate amount not exceeding One Fifty Million Dollars ($1,000,000.0050,000,000); (v) in addition to the amount set forth in subpart (iv) hereof, the Casting Guaranty; (vi) in addition to the amount set forth in subpart (iv) hereof, the guaranty of the Insurance Company Loans; or (vii) in addition to the amount set forth in subpart (iv) hereof but at all times subject to the proviso at the end of this Section 5.10, loans for the purchase price of the Speedline stock and retirement of Indebtedness of Speedline existing on the Closing Date; provided that, anything herein to the contrary notwithstanding, no loans shall be made to, investments in, or guaranties or other consideration given for the benefit of, Speedline and any Fiscal Yearother Subsidiaries of Borrower that are not organized under the laws of a state of the United States in excess of the aggregate of, and (j) Investments not otherwise permitted hereunder in an aggregate amount not exceeding Two for all such loans, investments, guaranties or other considerations, One Hundred Fifty Million Dollars ($2,000,000.00) in any Fiscal Year; provided, however, if the unpaid balance of the Term Loans and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided (i) such Investments are made with cash and Cash Equivalents; (ii) the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan Party150,000,000).

Investments and Loans. Neither the Borrower nor any other Loan Party shall make any Investments or extend any loans or credit facilities to any Persons, except (a) Investments in Cash Equivalents, (b) advances to its employees in the ordinary course of business for travel, entertainment, relocation and general ordinary course of business purposes and loans to employees to purchase Capital Stock of Parent, (c) 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, (d) acquisitions of fixed assets, equipment and Inventory in the ordinary course of business to the extent not otherwise prohibited by the terms of this Agreement, (e) Investments and credit accommodations provided by any Loan Party to another Loan Party, (f) the Acquisition and Permitted Acquisitions, (g) loans and advances provided by any Loan Party to any of its Subsidiaries which are subordinated to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary in an aggregate amount not exceeding One Million Dollars ($1,000,000.00) in any Fiscal Year, and (j) Investments not otherwise permitted hereunder in an aggregate amount not exceeding Two Million Dollars ($2,000,000.00) in any Fiscal Year; provided, however, if the unpaid balance of the Term Loans and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided (i) such Investments are made with cash and Cash Equivalents; (ii) the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan Party.