Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except: (a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation); (b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000; (c) Prepaid rent not exceeding one month or security deposits; and (d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 3 contracts
Samples: Credit and Security Agreement (Professional Veterinary Products LTD /Ne/), Credit and Security Agreement (Professional Veterinary Products LTD /Ne/), Credit and Security Agreement (Provena Foods Inc)
Investments and Subsidiaries. The Borrower will Companies shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Companies’ Officers and employees not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits; and;
(d) Current investments in the those Subsidiaries in existence on the date hereof of this Agreement which are identified on Exhibit D, or investments by one Company into another Company; and
(e) Advances by and listed in Schedule 5.5 heretobetween the Companies.
Appears in 2 contracts
Samples: Credit and Security Agreement (Phoenix Footwear Group Inc), Credit and Security Agreement (Phoenix Footwear Group Inc)
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1A 1” or “A-2A 2” by Standard & Poor’s Ratings Services or “P-1P 1” or “P-2P 2” by Xxxxx’x Mxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 2 contracts
Samples: Credit and Security Agreement (Hei Inc), Credit and Security Agreement (Hei Inc)
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,00025,000;
(c) Prepaid rent not exceeding one month (except that, with respect to the Borrower’s leases of Premises in Irvine, California and in Clearfield, Utah, prepaid rent may not exceed two months) or security deposits, in each case, except as approved by order of the Bankruptcy Court in the Bankruptcy Case; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 2 contracts
Samples: Credit and Security Agreement (Gardenburger Inc), Credit and Security Agreement (Gardenburger Inc)
Investments and Subsidiaries. The Borrower will Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the BorrowerCompany’s Officers and employees not exceeding at any one time an aggregate of $50,00025,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the those Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.of this Agreement which are identified on Exhibit D.
Appears in 2 contracts
Samples: Credit and Security Agreement (Capstone Turbine Corp), Credit and Security Agreement (Capstone Turbine Corp)
Investments and Subsidiaries. The Borrower will not 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 or AffiliatePerson, including specifically, but without limitation, any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments 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, commercial paper issued by U.S. United States corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services Poors Corporation or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);) or mutual funds invested only in any of the foregoing; and
(b) Travel advances or loans to in the Borrower’s Officers and employees not exceeding at any one time an aggregate form of $50,000;
(c) Prepaid prepaid rent not exceeding one (1) month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Debtor in Possession Credit and Security Agreement (Anpath Group, Inc.)
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s 's Ratings Services or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s 's Officers and employees not exceeding at any one time an aggregate of $50,0005,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Seaway Valley Capital Corp)
Investments and Subsidiaries. (a) The Borrower will not 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 or AffiliatePerson, including specifically but without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(ai) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Moody's Investors Service or certificates xx xertificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(bii) Travel travel advances or loans to the Borrower’s Officers officers and employees of the Borrower not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits20,000.00; and
(diii) Current investments advances in the Subsidiaries form of progress payments, prepaid rent or security deposits.
(b) The Borrower will not create or permit to exist any Subsidiary, other than any Subsidiary in existence on the date hereof and listed in Schedule 5.5 Exhibit B hereto.
Appears in 1 contract
Investments and Subsidiaries. The Borrower will Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the BorrowerCompany’s Officers and employees not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits; and;
(d) Current investments in the those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and
(e) Other investments made after the date hereof and listed in Schedule 5.5 heretonot to exceed an aggregate amount of $100,000.
Appears in 1 contract
Samples: Credit and Security Agreement (Gvi Security Solutions Inc)
Investments and Subsidiaries. The Borrower will not 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 or AffiliatePerson, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services 's Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel travel advances or loans to the Borrower’s 's Officers and employees not exceeding at any one time an aggregate of $50,00020,000;
(c) Prepaid rent not exceeding one month or security depositsloans from Borrower to Corporate Guarantors permitted by Section 6.27; and
(d) Current current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Metretek Technologies Inc)
Investments and Subsidiaries. (a) The Borrower will not 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 or AffiliatePerson, including specifically but without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(ai) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(bii) Travel travel advances or loans to the Borrower’s Officers officers and employees of the Borrower not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits80,000; and
(diii) Current investments advances in the Subsidiaries form of progress payments, prepaid rent or security deposits.
(b) The Borrower will not create or permit to exist any Subsidiary, other than any Subsidiary in existence on the date hereof and listed in Schedule 5.5 Exhibit B hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Sportsmans Guide Inc)
Investments and Subsidiaries. The Borrower Borrowers will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Borrowers’ Officers and employees not exceeding at any one time an aggregate of $50,00015,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Investments and Subsidiaries. The Borrower will not make Make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or AffiliatePerson, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or AffiliatePerson, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1A 1” or “A-2A 2” by Standard & Poor’s Ratings Services or “P-1P 1” or “P-2P 2” by Xxxxx’x Mxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans Loans to the Borrower’s Officers officers and employees not exceeding at any one time an aggregate of $50,000, or $10,000 for any single advance or loan;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries Borrower’s subsidiaries in existence on the date hereof and listed of this Agreement.
(e) As permitted in Schedule 5.5 heretoSection 7.4 of this Agreement.
Appears in 1 contract
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s 's Ratings Services or “"P-1” " or “"P-2” " by Xxxxx’x Moody's Investors Service or certificates of deposit or bankers’ acceptances ' xxxxptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s 's Officers and employees not exceeding at any one time an aggregate of $50,00010,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Tradestar Services, Inc.)
Investments and Subsidiaries. The Borrower will not 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 or AffiliatePerson, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel travel advances or loans to the Borrower’s 's Officers and employees not exceeding at any one time an aggregate of $50,0005,000;
(c) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month two months or security deposits; and
(d) Current current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Ag Bag International LTD)
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000;.
(c) Prepaid rent not exceeding one month or security deposits; and;
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto; and
(e) Unsecured loans by Delphax Canada to the Borrower and unsecured loans by the Borrower to Delphax Canada, in each case in the ordinary course of business.
Appears in 1 contract
Samples: Credit and Security Agreement (Delphax Technologies Inc)
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,00020,000;
(c) Prepaid rent not exceeding one month two (2) months or security deposits; and;
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto; and
(e) Additional investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto up to an aggregate amount of $500,000 at any one time outstanding.
Appears in 1 contract
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1A 1” or “A-2A 2” by Standard & Poor’s Ratings Services or “P-1P 1” or “P-2P 2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000;25,000.00.
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof or proposed to be made in connection with the Rutland Acquisition and in each case listed in Schedule 5.5 hereto. The Borrower will promptly advise the Lender in writing of any change, supplement or amendment to the Rutland Agreement.
Appears in 1 contract
Samples: Credit and Security Agreement (Waters Instruments Inc)
Investments and Subsidiaries. The Borrower will not 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 or AffiliatePerson, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services Poors Corporation or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,00030,000;
(c) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month three months or security deposits; and
(d) Current current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,00015,000;
(c) Prepaid rent not exceeding one month or security deposits; and;
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto; and
(e) Advances in the form of progress payments for the purchase of Capital Expenditures.
Appears in 1 contract
Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)
Investments and Subsidiaries. The Borrower No Obligor will not 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 or AffiliatePerson, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments 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, commercial paper issued by U.S. corporations rated “A-1” "A-i" or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “P-1” "P-l" or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to expenses set forth as a line item in the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000;Budget; and
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (U S Plastic Lumber Corp)
Investments and Subsidiaries. (a) The Borrower will not 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 or AffiliatePerson, including specifically but without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments except 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);.
(b) Travel advances The Borrower will not create or loans permit to exist any Subsidiary, other than the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000;
(cSubsidiar(y)(ies) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto5.4.
Appears in 1 contract
Samples: Credit and Security Agreement (Atrix Acquisition Corp)
Investments and Subsidiaries. (a) The Borrower will not 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 or AffiliatePerson, including specifically but without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(ai) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Moody's Investors Service or certificates xx xxxtificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
; (bii) Travel travel advances or loans to the Borrower’s Officers 's officers and employees not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits75,000.00; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Royal Precision Inc)
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Mxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000100,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Investments and Subsidiaries. The Borrower will not 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 or AffiliatePerson, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel travel advances or loans to the Borrower’s 's Officers and employees not exceeding at any one time an aggregate of $50,0005,000;
(c) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month three (3) months or security deposits; and
(d) Current current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Investments and Subsidiaries. (a) The Borrower will not purchase or hold beneficially any stock or other securities or evidence 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 or AffiliatePerson, including specifically but without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a1) Investments 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, commercial paper issued by U.S. corporations rated “A-1” "A-l" or “"A-2” " by Standard & Poor’s Ratings Services 's Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Moody's Investors Service or certificates of deposit xxxxxxx or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b2) Travel travel advances or loans to the Borrower’s Officers officers and employees of the Borrower not exceeding at any one time an aggregate of $50,000;
(c3) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month or security deposits; and
(d4) Current investments an operating account(s) provided the amount on deposit therein does not exceed $100,000 in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.aggregate at any time; and
Appears in 1 contract
Investments and Subsidiaries. The Borrower will Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1A 1” or “A-2A 2” by Standard & Poor’s Ratings Services or “P-1P 1” or “P-2P 2” by Xxxxx’x Mxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the BorrowerCompany’s Officers and employees not exceeding at any one time an aggregate of $50,00020,000.00;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the those Subsidiaries in existence on the date hereof of this Agreement which are identified on Exhibit D and listed in Schedule 5.5 heretoadvances consistent with Section 5.2(a) hereof.
Appears in 1 contract
Samples: Credit and Security Agreement (Merrimac Industries Inc)
Investments and Subsidiaries. The Borrower will Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1A 1” or “A-2A 2” by Standard & Poor’s Ratings Services or “P-1P 1” or “P-2P 2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the BorrowerCompany’s Officers and employees not exceeding at any one time an aggregate of $50,000;10,000.00.
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the those Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.of this Agreement which are identified on Exhibit D.
Appears in 1 contract
Samples: Credit and Security Agreement (Pinnacle Data Systems Inc)
Investments and Subsidiaries. The Borrower will Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the BorrowerCompany’s Officers and employees not exceeding at any one time an aggregate of $50,00015,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments and future investments in the those Subsidiaries in existence on the date hereof and listed of this Agreement which are identified on Exhibit D, such future investments not to exceed $1,000,000 in Schedule 5.5 heretothe aggregate for all investments in all such Subsidiaries.
Appears in 1 contract
Samples: Credit and Security Agreement (Southwall Technologies Inc /De/)
Investments and Subsidiaries. The Borrower will not 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 or AffiliatePerson, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel travel advances or loans to the Borrower’s 's Officers and employees not exceeding at any one time an aggregate of $50,00015,000;
(c) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month three (3) months or security deposits; and
(d) Current current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Moxxx’x Xnvestors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,00015,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Investments and Subsidiaries. (a) The Borrower will not 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 or AffiliatePerson, including specifically but without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(ai) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Xxxxx'x Investors Service or certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(bii) Travel travel advances or loans to the Borrower’s Officers officers and employees of the Borrower not exceeding at any one time an aggregate of $50,00010,000;
(ciii) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month or security deposits; and.
(db) Current investments Except as set forth in Section 4.04 herein, the Subsidiaries in existence on Borrower will not create or permit to exist any Subsidiary without the date hereof and listed in Schedule 5.5 heretoprior written consent of the Lender, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Revolving Credit Loan Agreement (Aci Telecentrics Inc)
Investments and Subsidiaries. (a) The Borrower will not 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 or AffiliatePerson, including specifically but without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(ai) Investments 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, commercial paper issued by U.S. corporations rated “"A-1” " or “"A-2” " by Standard & Poor’s Ratings Services Poors Corporation or “"P-1” " or “"P-2” " by Xxxxx’x Moody's Investors Service or Servxxx xx certificates of deposit or bankers’ ' acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ ' acceptances are fully insured by the Federal Deposit Insurance Corporation);
(bii) Travel travel advances or loans to the Borrower’s Officers 's officers and employees not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits5,000; and
(diii) Current investments advances in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 heretoform of progress payments, prepaid rent or security deposits.
(b) The Borrower will not create or permit to exist any Subsidiary.
Appears in 1 contract
Samples: Credit and Security Agreement (Meteor Industries Inc)
Investments and Subsidiaries. The Borrower will not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) 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, commercial paper issued by U.S. corporations rated “A-1” or “A-2” by Standard & Poor’s Ratings Services or “P-1” or “P-2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,0005,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Newtek Business Services Inc)
Investments and Subsidiaries. The Borrower will shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any other Person or Affiliate, including any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any other Person or Affiliate, except:
(a) Investments in direct obligations of the United States of America or any agency or instrumentality thereof of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America having and have a maturity of one year or less, commercial paper issued by U.S. corporations rated “A-1A 1” or “A-2A 2” by Standard & Poor’s Ratings Services or “P-1P 1” or “P-2P 2” by Xxxxx’x Investors Service or certificates of deposit or bankers’ acceptances having a maturity of one year or less issued by members of the Federal Reserve System having deposits in excess of $100,000,000 (which certificates of deposit or bankers’ acceptances are fully insured by the Federal Deposit Insurance Corporation);
(b) Travel advances or loans to the Borrower’s Officers and employees not exceeding at any one time an aggregate of $50,000;
(c) Prepaid rent not exceeding one month or security deposits; and
(d) Current investments in the those Subsidiaries in existence on the date hereof and listed in of this Agreement which are set forth on Schedule 5.5 hereto5.15.
Appears in 1 contract
Samples: Loan and Security Agreement (InterMetro Communications, Inc.)