Investments by the Borrower a Subsidiary of the Borrower or any Holdco Entity in any other Person that is not a Guarantor (including, without limitation, any JV Entity) in an aggregate amount for all such Investments not to exceed $100,000,000 outstanding at any time; provided that (i) such Investments (including Acquisitions) are made in cash and/or other Property of the Borrower, any of its Subsidiaries or any Holdco Entity and otherwise comply with Section 6.04 and Section 6.15, as applicable and (ii) any Equity Interests in the Borrower that are given as consideration for such Acquisition or Investment shall not be included in the aggregate amount of such Acquisition or Investment by the Borrower, any of its Subsidiaries or any Holdco Entity for purpose of this clause (g);
Investments by the Borrower or a Subsidiary of Borrower in non-broadcasting businesses not to exceed $15,000,000 in the aggregate at any time outstanding;
Investments by the Borrower or a Subsidiary of the Borrower in a joint venture which is a Person organized under the laws of a state of the United States of America for whose Indebtedness neither the Borrower nor any Subsidiary of the Borrower is liable, in which the Borrower or such Subsidiary holds 50% of the outstanding equity interests with another operator of retail facilities for the purpose of developing, acquiring or constructing properties which include restaurant operations; provided that the aggregate amount of the such Investments made after the Second A&R Closing Date does not exceed $50,000,000; provided further that the Borrower or any of its Subsidiaries may reinvest the proceeds received from the liquidation of 89 95 any such Investments in Investments in joint ventures permitted to be made pursuant to this clause (j) in an amount equal to the lesser of (i) the amount of the proceeds received from the Borrower or such Subsidiary from the liquidation of such Investment and (ii) the original amount paid by the Borrower or such Subsidiary for such Investment; and provided, further, that (i) the consent of the Borrower or such Subsidiary must be required for such joint venture to effect any material transactions, including the acquisition and sale of assets, incurrence of Indebtedness and significant capital commitments; and (ii) such joint venture will not create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction which would unreasonably restrict the ability of the joint venture to distribute to its owners the net cash flow of the joint venture; and
Investments by the Borrower or any Subsidiary of the Borrower in a Person, if as a result of such Investment (i) such Person becomes a Wholly-Owned Subsidiary of the Borrower and a Guarantor or (ii) such Person is merged, consolidated or amalgamated with or into, or transfers or conveys substantially all of its assets to, or is liquidated into, the Borrower or a Wholly-Owned Subsidiary of the Borrower that is a Guarantor; and (d) other Investments in Non-Recourse Subsidiaries of the Borrower that do not exceed $30 million in the aggregate.
Investments by the Borrower or any of its Restricted Subsidiaries in an aggregate amount, taken together with all other Investments made pursuant to this clause (12) that are at the time outstanding, not to exceed the greater of (x) $128,750,000 and (y) 62.5% of Consolidated EBITDA of the Group Parties; provided, however, that if any Investment pursuant to this clause (12) is made in any Person that is not a Restricted Subsidiary at the date of the making of such Investment and such Person becomes a Restricted Subsidiary after such date, such Investment shall thereafter be deemed to have been made pursuant to clause (2) above and shall cease to have been made pursuant to this clause (12) for so long as such Person continues to be a Restricted Subsidiary;
Investments by the Borrower or a Subsidiary in a Receivables Entity or any Investment by a Receivables Entity in any other Person, in each case, in connection with a Qualified Receivables Transaction, provided, however, that any Investment in any such Person is in the form of an equity interest or interests in accounts receivable and related assets generated by the Borrower or a Subsidiary and transferred to any Person in connection with a Qualified Receivables Transaction or any such Person owning such accounts receivable.
Investments by the Borrower in Subsidiaries that are directly or indirectly one hundred percent (100%) owned by the Borrower, which in turn own Investments permitted by this §8.3;
Investments by the Borrower or any Guarantor in the Borrower or any Guarantor;
Investments by the Borrower or any of its Restricted Subsidiaries in an aggregate amount, taken together with all other Investments made pursuant to this clause (12) that are at the time outstanding, not to exceed the greater of (x) $103,000,000 and (y) 50.0% of Consolidated EBITDA of the Group Parties; provided, however, that if any Investment pursuant to this clause (12) is made in any Person that is not a Restricted Subsidiary at the date of the making of such Investment and such Person becomes a Restricted Subsidiary after such date, such Investment shall thereafter be deemed to have been made pursuant to clause (2) above and shall cease to have been made pursuant to this clause (12) for so long as such Person continues to be a Restricted Subsidiary; (13) any transaction to the extent it constitutes an Investment that is permitted and made in accordance with the provisions of Section 6.18(b) (except transactions described in clause (2), (3), (4), (8), (9), (13) or (14) of such Section 6.18(b)); (14) Investments the payment for which consists of Equity Interests (other than Excluded Equity) of the Borrower or any direct or indirect parent of the Borrower, as applicable; provided, however, that such Equity Interests will not increase the amount available for Restricted Payments under clause (c) of the first paragraph of Section 7.05 or be available to Incur Contribution Indebtedness; (15) Investments consisting of the leasing, licensing, sublicensing or contribution of intellectual property in the ordinary course of business or pursuant to joint marketing arrangements with other Persons; (16) Investments consisting of purchases or acquisitions of inventory, supplies, materials and equipment or purchases, acquisitions, licenses, sublicenses or leases or subleases of intellectual property, or other rights or assets, in each case in the ordinary course of business;
Investments by the Borrower in a demand deposit located at an Agency Account Institution, provided that the amount of such Investments does not exceed, in the aggregate, that amount set forth opposite such Agency Account Institution's name on Schedule 3.2.2(a); and (h) other Investments of strategic importance to the business plan of the Borrower previously delivered to the Administrative Agent and the Lenders, the amount of which, when combined with all outstanding obligations permitted by 9.1(o), shall not exceed $1,000,000 in the aggregate at any one time; provided, however, that, with the exception of loans and advances referred to in 9.3(d) - (h), (a) such Investments will be considered Investments permitted by this 9.3 only if such Investments are made through one of the Lenders, and all actions have been taken to the satisfaction of the Administrative Agent to provide to the Agent, for the benefit of the Lenders and the Administrative Agent, a first priority perfected security interest in all of such Investments free of all encumbrances other than Permitted Liens, and (b) such Investments are subject to the terms and conditions of the Cash Collateral Agreement.
