Investments by Borrower. Make any investments by way of deposits, loans or in share capital of any other concerns (including subsidiaries) beyond projected and accepted level by the Lender so long as any money remains due and payable to the Lender; the Borrower will however be free to deposit funds by way of security with third party in the normal course of business or if required for the business.
Investments by Borrower or any of its Subsidiaries in and to Borrower or any other Obligor, including Investments in Persons which after giving effect thereto will become a wholly-owned Subsidiary of Borrower (subject to compliance with the provisions of SECTION 8.15 hereof), and
Investments by Borrower and its Subsidiaries in accounts, contract rights and chattel paper (as defined in he Uniform Commercial Code), and notes receivable made in the ordinary course of business in accordance with past practice;
Investments by Borrower or a Subsidiary in the capital stock or other equity securities of any other Subsidiary or any corporation which concurrently with such investment becomes a Subsidiary, and loans and advances by Borrower or a Subsidiary to any such other Subsidiary (but excluding Guaranties of the obligations of any such other Subsidiary except for Guaranties of the obligations of any Wholly-Owned Subsidiary, which may be included if the Guaranty reasonably may be expected to benefit, directly or indirectly, the guarantor corporation); provided, however, that the Subsidiary in which the investment is made or to which the loan or advance is made pursuant to this clause (v) is engaged in the business of gas, electric, water or other utilities (including, where relevant to the particular utility involved, the generation, transportation, transmission, or distribution thereof) or a related business;
Investments by Borrower in Netezza Security Corporation, and by Netezza Security Corporation in Borrower; and
Investments by Borrower in Borrower's subsidiaries not to exceed the aggregate amount of One Hundred Thousand Dollars ($100,000) in any fiscal year of Borrower, provided however, that the ordinary course payments made by Borrower to Borrower's existing subsidiary, [Corio India L.P.] on account of services rendered to Borrower shall not be considered an Investment for purposes of this Section 5.5(d); (e) Investments consisting of travel advances and employee relocation loans and other employee loans and advances in the ordinary course of business not to exceed the aggregate amount of One Hundred Thousand Dollars ($100,000) outstanding at any time; (f) Investments (including debt obligations) received in connection with the bankruptcy or reorganization of customers or suppliers and in settlement of delinquent obligations of, and other disputes with, customers or suppliers arising in the ordinary course of business not to exceed the aggregate amount of Five Hundred Thousand Dollars ($500,000) outstanding at any time; (g) Investments consisting of notes receivable of, or prepaid royalties and other credit extensions, to customers and suppliers who are not affiliates, in the ordinary course of business, provided that this paragraph (g) shall not apply to Investments of Borrower in any Subsidiary; (h) Investments in Swap Contracts not to exceed the aggregate amount of One Hundred Thousand Dollars ($100,000) outstanding at any time; (i) joint ventures or strategic alliances in the ordinary course of Borrower's business consisting of the licensing of technology, the development of technology or the providing of technical support, provided that the cash portion of such Investments by Borrower does not exceed the aggregate amount of Five Hundred Thousand Dollars ($500,000) in any fiscal year; (j) Investments (1) constituting the acquisition of all or substantially all of the assets of any other entity or (2) constituting the merger of any entity into a subsidiary of Borrower so long as the aggregate of such Investments in any fiscal year does not exceed the aggregate cash consideration paid of Two Hundred Fifty Thousand Dollars ($250,000) (excluding all accounting, legal and other reasonable documentation expenses) and the aggregate non-cash value of such Investments does not exceed twenty-five percent (25%) of Borrower's market capitalization on the date immediately preceding the execution of any definitive agreement relating to such Investment; and (k) other Investments not otherwise per...
Investments by Borrower during fiscal years 2017 and 2018 only, in the UK Subsidiary for product development purposes, not exceeding in the aggregate Five Hundred Thousand Dollars ($500,000.00) in any given fiscal year of Borrower; and
Investments by Borrower or any Subsidiary in Telscape or any Subsidiary of Telscape;
Investments by Borrower. Subsidiaries that are not Credit Parties in Pledged Entities or Credit Parties; (iii) Investments by Pledged Entities in other Pledged Entities; (iv) Investments among Borrower Subsidiaries that are not Credit Parties or Pledged Entities; or (v) Investments by Credit Parties and Pledged Entities in Borrower Subsidiaries that are not Credit Parties or Pledged Entities which, with Indebtedness permitted pursuant to SECTION 9.01(g)(v) and Accommodation Obligations permitted pursuant to SECTION 9.05(f)(v) but without duplication, does not exceed $55,000,000;
Investments by Borrower pursuant to Borrower's written investment policy approved by Borrower's Board of Directors on October 13, 2000 and attached hereto as Exhibit G.
