Common use of Investments and Subsidiaries Clause in Contracts

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, including any partnership or joint venture, 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 & 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 advances or loans to the Borrower's Officers and employees not exceeding at any one time an aggregate of $50,000.00; (c) advances in the form of progress payments, prepaid rent not exceeding two months 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 (Zila Inc)

AutoNDA by SimpleDocs

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, including specifically but without limitation any partnership or joint venture, except: (ai) 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 & Poors Corporation or "P-1" or "P-2" by Xxxxx'x Moody's Investors Service or certificates xx xxxxificates 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 $100,000,000 100,000,000.00 (which certificates of deposit or bankers' acceptances are fully insured by the Federal Deposit Insurance Corporation);; and (bii) travel advances or loans to the Borrower's Officers officers and employees not exceeding at any one time an aggregate of $50,000.00;employees; and (ciii) advances in the form of progress payments, prepaid rent not exceeding two three (3) months or security deposits; and (div) current investments in the Subsidiaries in existence Allowed Investments; (b) The Borrower will not create or permit to exist any Subsidiary other than the Subsidiary shown on the date hereof and listed in Schedule 5.5 hereto5.4.

Appears in 1 contract

Samples: Credit and Security Agreement (Orthologic Corp)

Investments and Subsidiaries. The (a) No 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, including specifically but without limitation any partnership or joint venture, except: (ai) 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 & 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); (bii) travel advances or loans to the Borrower's Officers Borrowers' officers and employees not exceeding at any one time an aggregate of $50,000.00100,000; (ciii) advances in the form of progress payments, prepaid rent not exceeding two months or security depositsrent; (iv) acquisitions permitted under Section 7.8; and (dv) current investments interests in any Borrower. (b) No Borrower will create or permit to exist any Subsidiary, other than the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto5.5.

Appears in 1 contract

Samples: Credit and Security Agreement (Luminant Worldwide 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, including any partnership or joint venture, 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 & 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 advances or loans to the Borrower's Officers and employees not exceeding at any one time an aggregate of $50,000.005,000; (c) advances in the form of progress payments, prepaid rent not exceeding two months 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) Intercompany Indebtedness to the extent permitted under Section 6.4(e).

Appears in 1 contract

Samples: Credit and Security Agreement (Primesource Healthcare 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, including any partnership or joint venture, 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" “A–1” or "A-2" “A–2” by Standard & Poors Corporation or "P-1" “P–1” or "P-2" “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 ’s Officers and employees not exceeding at any one time an aggregate of $50,000.0030,000; (c) advances in the form of progress payments, prepaid rent not exceeding two three months 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 (Digital Angel 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 PersonPerson 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 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 & Poors Corporation 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 Travel advances or loans to the Borrower's ’s Officers and employees not exceeding at any one time an aggregate of $50,000.0010,000.00; (c) advances in the form of progress payments, prepaid Prepaid rent not exceeding two months 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 (uBid.com Holdings, 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, including any partnership or joint venture, 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 & 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 advances or loans to the Borrower's Officers and employees not exceeding at any one time an aggregate of $50,000.0010,000; (c) advances in the form of progress payments, prepaid rent not exceeding two three (3) months or security deposits; and; (d) current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto; (e) deposit accounts in insured financial institutions satisfactory to the Lender and with respect to which there are control agreements in favor of the Lender; and (f) promissory notes of Account debtors taken to avoid a loss on, or help ensure collection of, past due, doubtful, restructured or extended Accounts.

Appears in 1 contract

Samples: Credit and Security Agreement (Kitty Hawk 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, including specifically but without limitation any partnership or joint venture, except: (ai) 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 & Poors Corporation 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); (bii) travel advances or loans to the Borrower's Officers officers and employees of the Borrower not exceeding at any one time an aggregate of $50,000.0010,000; (ciii) advances in the form of progress payments, prepaid rent not exceeding two months 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. 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, including any partnership or joint venture, 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 & Poors Poor's Corporation 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 Officers and employees not exceeding at any one time an aggregate of $50,000.00100,000; (c) advances in the form of progress payments, prepaid rent not exceeding two months 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 (Dynamic Materials 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, including specifically but without limitation any partnership or joint venture, except: (ab) 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 & Poors Corporation or "P-1P-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 of$100,000,000 (which certificates of deposit or bankers' acceptances are fully insured by the Federal Deposit Insurance Corporation); (bc) travel advances or loans to the Borrower's Officers officers and employees not exceeding at any one time an aggregate of $50,000.00;10,000; and (cd) advances in the form of progress payments, prepaid rent not exceeding two months one month or security deposits; and. (de) current investments in the Subsidiaries 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 hereto.5.4

Appears in 1 contract

Samples: Credit and Security Agreement (Nebo Products 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, including any partnership or joint venture, 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 & 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 advances or loans to the Borrower's Officers and employees not exceeding at any one time an aggregate of $50,000.002,500; (c) advances in the form of progress payments, prepaid rent not exceeding two three 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) Indebtedness consisting of intercompany transactions in the ordinary course of business between the Borrowers.

Appears in 1 contract

Samples: Credit and Security Agreement (Netlist Inc)

AutoNDA by SimpleDocs

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, including any partnership or joint venture, 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 & 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 or loans to the Borrower's ’s Officers and employees not exceeding at any one time an aggregate of $50,000.005,000.00; (c) advances in the form of progress payments, prepaid rent not exceeding two 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) loans or advances made to Affiliates as permitted in Section 6.2 above.

Appears in 1 contract

Samples: Credit and Security Agreement (Bionova Holding Corp)

Investments and Subsidiaries. The No 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, including any partnership or joint venture, 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 & 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 advances or loans to the such Borrower's Officers and employees not exceeding at any one time an aggregate of $50,000.0025,000; (c) advances in the form of progress payments, prepaid rent not exceeding two months or security deposits; and; (d) current investments in the Subsidiaries in existence on the date hereof and listed in Schedule 5.5 hereto.; (e) loans by any Borrower to its employees in connection with management incentive plans, in an amount not to exceed $100,000 outstanding at any time; and

Appears in 1 contract

Samples: Credit and Security Agreement (Ramtron International 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, including any partnership or joint venture, 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 & Poors Corporation or "P-1" or "P-2" by Xxxxx'x Investors Mooxx'x Xxvestors 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 $50,000.0020,000; (c) advances in the form of progress payments, prepaid rent not exceeding two months or security depositsloans from Borrower to Corporate Guarantors permitted by Section 6.26; 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 (Metretek Technologies 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, including any partnership or joint venture, 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 & Poors Corporation or "P-1" or "P-2" by Xxxxx'x Moody's Investors Service or certificates of deposit or bankers' acceptances xxxxxxxnces 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 $50,000.0050,000; (c) advances in the form of progress payments, prepaid rent not exceeding two three months 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 (International Displayworks 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, including any partnership or joint venture, 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 & Poors Poor'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) travel advances or loans to the Borrower's Officers and employees not exceeding at any one time an aggregate of $50,000.0020,000; (c) advances in the form of progress payments, prepaid rent not exceeding two months or security depositsloans from Borrower to Corporate Guarantors permitted by Section 6.27; 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 (Metretek Technologies 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, including any partnership or joint venture, 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 & Poors Corporation or "P-1" or "P-2" by Xxxxx'x Moody's Investors Service or certificates of deposit or bankers' acceptances having a maturity of one year or less issued by issxxx xx 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 $50,000.005,000; (c) advances in the form of progress payments, prepaid rent not exceeding two three (3) months 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 (Pro Dex Inc)

Investments and Subsidiaries. The (a) Neither 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, including specifically but without limitation any partnership or joint venture, except: (ai) 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 & 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); (bii) travel advances or loans to the Borrower's Officers officers and employees of both Borrowers not exceeding at any one time an aggregate of $50,000.00;5,000; and (ciii) advances in the form of progress payments, prepaid rent not exceeding two months one month or security deposits; and. (db) current investments in Neither Borrower will create or permit to exist any Subsidiary, other than the Subsidiaries Subsidiar(y)(ies) in existence on the date hereof and listed in Schedule 5.5 hereto5.4.

Appears in 1 contract

Samples: Credit and Security Agreement (Medical Dynamics Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!