Common use of Investments and Subsidiaries Clause in Contracts

Investments and Subsidiaries. Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person or Affiliate, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America 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) Loans to Company’s Officers and employees not exceeding at any one time an aggregate of $250,000; (c) Prepaid rent not exceeding one month and security deposits; (d) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereof.

Appears in 2 contracts

Samples: Credit and Security Agreement (Tandy Brands Accessories Inc), Credit and Security Agreement (Tandy Brands Accessories Inc)

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Investments and Subsidiaries. Company shall not, and shall not permit any Subsidiary to, make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person or Affiliate, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America 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) Loans Travel advances or loans to Company’s Officers and employees not exceeding at any one time an aggregate of $250,000100,000; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereof.D.

Appears in 2 contracts

Samples: Credit and Security Agreement (Analysts International Corp), Credit and Security Agreement (Analysts International Corp)

Investments and Subsidiaries. Other than as listed in Exhibit G, Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person or Affiliate, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America 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) Loans Travel advances or loans to Company’s Officers and employees not exceeding at any one time an aggregate of $250,00050,000; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereof.D.

Appears in 2 contracts

Samples: Credit and Security Agreement (Winnebago Industries Inc), Credit and Security Agreement (Winnebago Industries Inc)

Investments and Subsidiaries. Company shall The 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 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 in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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 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) Loans Travel advances or loans to Company’s the Borrowers' Officers and employees not exceeding at any one time an aggregate of $250,000100,000; (c) Prepaid rent not exceeding one month and or security deposits; (d) Current investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit Dhereof and listed in Schedule 5.5 hereto; and (e) Contributions by Parent Loans to XX Xxxxxxx of any Borrower or Guarantor not to exceed $100,000 in the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofaggregate.

Appears in 2 contracts

Samples: Credit and Security Agreement (Misonix Inc), Credit and Security Agreement (Misonix Inc)

Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans travel advances or loans to Company’s Officers the Borrower's officers and employees not exceeding at any one time an aggregate of $250,000;5,000 and (ciii) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and or security deposits;. (da) Current investments in those Subsidiaries The Borrower will not create or permit to exist any Subsidiary, other than any Subsidiary in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.4.

Appears in 1 contract

Samples: Credit and Security Agreement (Vari L Co Inc)

Investments and Subsidiaries. Company shall not No Credit Party will make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person Affiliate of such Credit Party or Affiliateother Person, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness Indebtedness of any other Person or AffiliateAffiliate of such Credit Party, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans Ordinary operating amounts such as travel advances or loans to Company’s the Credit Parties’ Officers and employees not exceeding at any one time an aggregate of $250,000; (c) Prepaid 50,000, and prepaid rent not exceeding one month and or security deposits;; and (dc) Current (but not any future) investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent hereof and listed in Schedule 5.5 hereto. Without limiting the foregoing, no Credit Party shall create any new Subsidiary or cease to XX Xxxxxxx own 100% of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofequity interests in its Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Workstream Inc)

Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans travel advances or loans to Company’s Officers the Borrower's officers and employees not exceeding at any one time an aggregate of $250,000;1,000.00; and (ciii) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and or security deposits;. (db) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent The Borrower will not create or permit to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofexist any Subsidiary.

Appears in 1 contract

Samples: Credit and Security Agreement (Autotradecenter Com Inc)

Investments and Subsidiaries. Company shall not No Borrower will 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 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 in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans Travel advances or loans to Company’s the Borrowers’ Officers and employees not exceeding at any one time an aggregate of $250,00050,000; (c) Prepaid Advances in the form of progress payments, prepaid rent not exceeding one month and three months or security deposits;; and (d) Current investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.5 hereto.

Appears in 1 contract

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.)

Investments and Subsidiaries. Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person or Affiliate, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America 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) Loans Travel advances or loans to Company’s Officers and employees not exceeding at any one time an aggregate of $250,00025,000, or $130,000 in the case of the loan to Xxxxxx Xxxxxxxxx; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current outstanding loans or advances to, or investments in in, those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereof.D.

Appears in 1 contract

Samples: Credit and Security Agreement

Investments and Subsidiaries. Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person or Affiliate, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America 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 '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) Loans Travel advances or loans to Company’s 's Officers and employees not exceeding at any one time an aggregate of $250,00050,000.00; or $20,000.00 for any single advance or loan; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; andD. (e) Contributions by Parent The joint venture to XX Xxxxxxx of be created in accordance with Section 7.16 below. (f) Cash contributions to Subsidiaries and Affiliates (not to exceed $7,500,000.00 in the proceeds of the Advances, subject to the terms of aggregate) so long as no default exists under Section 1.1(a) 5.2 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Emcore Corp)

Investments and Subsidiaries. Company shall 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 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 of New Equity in the New Equity Account and investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans Travel advances or loans to Companythe Borrower’s Officers and employees not exceeding at any one time an aggregate of $250,0005,000; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.5 hereto.

Appears in 1 contract

Samples: Credit and Security Agreement (Pure Earth, Inc.)

Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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‘s 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) Loans travel advances or loans to Company’s Officers the Borrower‘s officers and employees not exceeding at any one time an aggregate of $250,000;10,000; and (ciii) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and or security deposits;. (db) Current investments in those Subsidiaries The Borrower will not create or permit to exist any Subsidiary, other than any Subsidiary in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.4.

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

Investments and Subsidiaries. Company shall not No Credit Party will make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person Affiliate of such Credit Party or Affiliateother Person, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness Indebtedness of any other Person or AffiliateAffiliate of such Credit Party, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans Ordinary operating amounts such as travel advances or loans to Company’s the Credit Parties’ Officers and employees not exceeding at any one time an aggregate of $250,000; (c) Prepaid 50,000, and prepaid rent not exceeding one month and or security deposits;; and (dc) Current (but not any future) investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent hereof and listed in Schedule 5.5 hereto. Without limiting the foregoing, no Credit Party shall create any new Subsidiary or cease to XX Xxxxxxx own 100% of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofequity interests in its Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Workstream Inc)

Investments and Subsidiaries. Company shall 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 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 in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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 Moody’s Inxxxxxxx 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) Loans Travel advances or loans to Companythe Borrower’s Officers and employees not exceeding at any one time an aggregate of Five Thousand ($250,0005,000.00) Dollars; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.5 hereto.

Appears in 1 contract

Samples: Credit and Security Agreement (CPS Technologies Corp/De/)

Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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 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); (bii) Loans travel advances or loans to Company’s Officers the Borrower's officers and employees not exceeding at any one time an aggregate of $250,000;10,000.00; and (ciii) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and six months or security deposits;. (db) Current investments in those Subsidiaries The Borrower will not create or permit to exist any Subsidiary, other than any Subsidiary in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.4 hereto.

Appears in 1 contract

Samples: Credit and Security Agreement (Bentley International Inc)

Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans travel advances or loans to Company’s Officers the Borrower's officers and employees not exceeding at any one time an aggregate of $250,000; (c) Prepaid rent not exceeding one month and security deposits; (d) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D50,000; and (eiii) Contributions by Parent advances in the form of progress payments, and prepaid rent or security deposits not exceeding two months. (b) The Borrower will not create or permit to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofexist any Subsidiary.

Appears in 1 contract

Samples: Credit and Security Agreement (Marquest Medical Products Inc)

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Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans travel advances or loans to Company’s Officers the Borrower's officers and employees not exceeding at any one time an aggregate of $250,000;25,000; and (ciii) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and twelve months or security deposits;. (db) Current investments in those Subsidiaries The Borrower will not create or permit to exist any Subsidiary, other than any Subsidiary in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.4.

Appears in 1 contract

Samples: Intercreditor Agreement (Naco Industries Inc)

Investments and Subsidiaries. Company shall 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 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 in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans Travel advances or loans to Companythe Borrower’s Officers and employees not exceeding at any one time an aggregate of Five Thousand ($250,0005,000.00) Dollars; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.5 hereto.

Appears in 1 contract

Samples: Credit and Security Agreement (CPS Technologies Corp/De/)

Investments and Subsidiaries. Company shall not make Make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any 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 Person or AffiliatePerson, without Lxxxxx’s prior written consent, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America and have a maturity of one (1) 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 (1) 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) Loans to CompanyBorrower’s Officers officers and employees not exceeding at any one time an aggregate of $250,00050,000, or $10,000 for any single advance or loan; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those Subsidiaries Borrower’s subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Sugarfina Corp)

Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans travel advances or loans to Company’s Officers the Borrower's officers and employees not exceeding at any one time an aggregate of $250,000;10,000; and (ciii) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and three (3) months or security deposits;. (db) Current investments in those Subsidiaries The Borrower will not create or permit to exist any Subsidiary, other than the Subsidiar(y)(ies) in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofhereof and listed in Schedule 5.4.

Appears in 1 contract

Samples: Credit and Security Agreement (Seair Group Inc)

Investments and Subsidiaries. Company shall (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 Person or Affiliateother Person, 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 Person or Affiliate, except: (ai) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans travel advances or loans to Company’s Officers the Borrower's officers and employees not exceeding at any one time an aggregate of $250,000; (c) Prepaid rent not exceeding one month and security deposits; (d) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D25,000; and (eiii) Contributions by Parent advances in the form of progress payments, prepaid rent not exceeding three months or security deposits. (b) The Borrower will not create or permit to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofexist any new Subsidiary.

Appears in 1 contract

Samples: Credit and Security Agreement (Lectec Corp /Mn/)

Investments and Subsidiaries. Company shall 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 Affiliate(other than another Borrower), including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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 Moody's Investors Service or certificates of deposit or bankers’ acceptances ' accexxxxxxx 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) Loans travel advances or loans to Company’s the Borrower's Officers and employees not exceeding at any one time an aggregate of $250,00010,000; (c) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and or security deposits;; and (d) Current current investments in those the Subsidiaries (other than another Borrower) in existence on the date of this Agreement which are identified on Exhibit Dhereof and listed in Schedule 5.5 hereto; and (e) Contributions by Parent provided, however, that CUL may make non-cash loans or advances to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofnon-Borrower Subsidiaries.

Appears in 1 contract

Samples: Credit and Security Agreement (Cost U Less Inc)

Investments and Subsidiaries. Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person or Affiliate, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America 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 '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) Loans Travel advances to Company’s Officers 's employees made in the ordinary course of business and employees in any event not exceeding at any one time an aggregate of $250,000500,000; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those Subsidiaries in existence on the date of this Agreement Execution Date which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereof.D.

Appears in 1 contract

Samples: Credit and Security Agreement (Spectranetics Corp)

Investments and Subsidiaries. Company shall not No Borrower will 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 Person or Affiliateother Person, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments investments in direct obligations of the United States of America or any of its political subdivisions agency or instrumentality thereof whose obligations constitute the full faith and credit obligations of the United States of America and have 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) Loans travel advances or loans to Companyany Borrower’s Officers and employees not exceeding at any one time an aggregate of One Hundred Thousand Dollars ($250,000100,000); (c) Prepaid advances in the form of progress payments, prepaid rent not exceeding one month and three (3) months or security deposits; (d) Current current investments in those the Subsidiaries in existence on the date of this Agreement which are identified on Exhibit Dhereof and listed in Schedule 5.5 hereto; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereofPermitted Operating Expenses.

Appears in 1 contract

Samples: Credit and Security Agreement (Smtek International Inc)

Investments and Subsidiaries. Company shall not make or permit to exist any loans or advances to, or make any investment or acquire any interest whatsoever in, any Person or Affiliate, including without limitation any partnership or joint venture, nor purchase or hold beneficially any stock or other securities or evidence of indebtedness of any Person or Affiliate, except: (a) Investments in direct obligations of the United States of America or any of its political subdivisions whose obligations constitute the full faith and credit obligations of the United States of America 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 '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) Loans Travel advances or loans to Company’s 's Officers and employees not exceeding at any one time an aggregate of $250,00010,000; or $5,000 for any single advance or loan; (c) Prepaid rent not exceeding one month and or security deposits;; and (d) Current investments in those Subsidiaries in existence on the date of this Agreement which are identified on Exhibit D; and (e) Contributions by Parent to XX Xxxxxxx of the proceeds of the Advances, subject to the terms of Section 1.1(a) hereof.D.

Appears in 1 contract

Samples: Credit and Security Agreement (Hemacare Corp /Ca/)

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