Common use of Investments; Controlled Investments Clause in Contracts

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 at any one time, in the case of Borrower and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for Borrower’s or its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 (calculated at current exchange rates) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii), and (iii), Borrower shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 10,000 at any one time, in the case of Borrower Parent and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for BorrowerParent’s or its Subsidiaries’ employees, and (iii) in the case of Subsidiaries of Parent that are CFCs, an aggregate amount of not more than than: (A) $500,000 10,000,000 in any five (5) consecutive day period, and (B) $25,000,000 at any one time (in each case, calculated at current exchange rates) at any one time); provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower Parent or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii), and (iii), Borrower Parent shall not and shall not permit its Non-CFC Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 1,000,000 at any one time, in the case of Borrower Parent and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for BorrowerParent’s or its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 1,000,000 (calculated at current exchange ratesrates as determined by Agent) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower Borrowers that are CFCs), make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower Parent or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i6.12(b)(i), (ii), and (iii), Borrower Parent shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 1,000,000 at any one time, in the case of Borrower Parent and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for BorrowerParent’s or its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 1,000,000 (calculated at current exchange ratesrates as determined by Agent) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower Borrowers that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower Parent or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i6.12(b)(i), (ii), and (iii), Borrower Parent shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 250,000 at any one time, in the case of Borrower Borrowers and its their Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for Borrower’s Borrowers’ or its their Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 50,000 (calculated at current exchange rates) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower Borrowers that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless the applicable Borrower or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii), and (iii), no Borrower and no Subsidiary of any Borrower shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment. For purposes of covenant compliance, the amount of any Investment shall be the amount actually invested less any returns on such Investment (not to exceed the original amount invested), but without adjustment for subsequent increases or incur any liabilities (including contingent obligations) for or decreases in connection with any the value of such Investment. (b) Other than (i) an aggregate amount of not more than $25,000 100,000 at any one time, in the case of Borrower Parent and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for BorrowerParent’s or its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 100,000 (calculated at current exchange rates) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower Parent that are CFCs), and (iv) xxxxx cash accounts of the Parent and its Subsidiaries with amounts on deposit not to exceed $50,000 in any individual account and $200,000 in the aggregate for all such accounts, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower Parent or its Subsidiary, as applicable, the applicable Subsidiary of Parent and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii), and (iii), Borrower neither Parent nor any Subsidiary of Parent shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.

Investments; Controlled Investments. Borrowers will not, and will not permit any of their Subsidiaries to: (a) Except except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment., or (b) Other other than (i) an aggregate amount of not more than $25,000 50,000 at any one time, in the case of Borrower Parent and its Subsidiaries (other than those Subsidiaries that are CFCs)Subsidiaries, (ii) amounts deposited into Deposit Accounts specially specifically and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for BorrowerParent’s or its Subsidiaries’ employees, and or (iii) an aggregate amount amounts deposited into a Deposit Account specifically and exclusively used to accept the proceeds of not more than $500,000 Term Loan Primary Collateral (calculated at current exchange ratesas such term is defined in the Intercreditor Agreement) at any one time; provided that it shall not be a breach of this clause (iii) to in accordance with the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day terms of the month in which it occurred), in the case of Subsidiaries of Borrower that are CFCsIntercreditor Agreement, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts, Securities Accounts or Securities Commodity Accounts (except for the Jefferies Commodity Accounts at any time prior to the date that is 120 days after the Closing Date) unless Borrower Parent or its Subsidiary, as applicable, and the applicable bank bank, securities intermediary or securities commodity intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i6.10(b)(i), (ii), and (iii), Borrower ) Borrowers shall not and shall not permit its their Subsidiaries to establish or maintain any Deposit Account, Securities Account, or Commodity Account or Securities Account (other than the Jefferies Commodity Accounts) unless Agent shall have received a Control Agreement in respect of such Deposit Account, Securities Account or Securities Commodity Account.

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 100,000 at any one time, in the case of Borrower and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for Borrower’s or its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 (calculated at current exchange rates) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower that are CFCs), make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii)) , and (iii), Borrower shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 50,000 at any one time, in the case of Borrower Parent and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for BorrowerParent’s or and its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 20,000,000 (calculated at the then current exchange ratesExchange Rate) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower Parent that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts (in each case to the extent constituting Collateral) unless Borrower Parent or one of its SubsidiarySubsidiaries, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii), ) and (iii), Borrower Parent shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account (in each case to the extent constituting Collateral) unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account. (c) Permit any Indebtedness owed to any Loan Party, or any other such Investment held by any Loan Party, to be evidenced by a note or security (as such term is defined in Rule 3-16 of Regulation S-X under the Securities Act).

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 at 500,000 for any one timeovernight balances, in the case of a Borrower and its Subsidiaries (other than those Subsidiaries that are CFCs)Domestic Subsidiaries, and (ii) amounts deposited into Deposit Accounts specially and exclusively used for (x) payroll, payroll taxes and other employee wage and benefit payments to or for such Borrower’s or its Domestic Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 (calculated at current exchange rates) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower employees or (y) disbursements other than the last day of master disbursement account identified on Schedule 9 to the month in which it occurredGuaranty and Security Agreement (to the extent such other disbursement accounts are linked to a master disbursement account (subject to a Control Agreement) as zero balance accounts), in the case of Subsidiaries of Borrower that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless such Borrower or its Domestic Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent the applicable Agent(s) governing such Permitted Investments in order to perfect (and further establish) such Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), and (ii), and (iii)no Borrower shall, Borrower nor shall not and shall not it permit its Domestic Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent the applicable Agent(s) shall have received a Control Agreement in respect of such Deposit Account or Securities AccountAccount (or, with respect to newly opened Deposit or Securities Accounts opened for the sole purpose of effectuating a repurchase of Senior Unsecured Notes or Equity Interests of Borrower permitted hereunder and containing less than $2,000,000, within ten (10) Business Days after the opening thereof).

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 50,000 at any one time, in the case of Borrower Parent and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for BorrowerParent’s or and its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 10,000,000 (calculated at the then current exchange ratesExchange Rate) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower Parent that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower Parent or one of its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii), and (iii), Borrower Parent shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account. (c) Permit any Indebtedness owed to any Loan Party, or any other such Investment held by any Loan Party, to be evidenced by a note or security (as such term is defined in Rule 3-16 of Regulation S-X under the Securities Act).

Investments; Controlled Investments. (a) Except for Permitted Investments, directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment. (b) Other than (i) an aggregate amount of not more than $25,000 50,000 at any one time, in the case of Borrower and its Subsidiaries (other than those Subsidiaries that are CFCs), (ii) amounts deposited into Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for Borrower’s or its Subsidiaries’ employees, and (iii) an aggregate amount of not more than $500,000 15,000,000 (calculated at current exchange rates) at any one time; provided that it shall not be a breach of this clause (iii) to the extent that the amount in excess of $500,000 exists for 5 days or less after the earlier of (x) the date on which such excess first becomes known to an officer of Borrower or (y) the last day of the month in which it occurred), in the case of Subsidiaries of Borrower that are CFCs, make, acquire, or permit to exist Permitted Investments consisting of cash, Cash Equivalents, or amounts credited to Deposit Accounts or Securities Accounts unless Borrower or its Subsidiary, as applicable, and the applicable bank or securities intermediary have entered into Control Agreements with Agent governing such Permitted Investments in order to perfect (and further establish) Agent’s Liens in such Permitted Investments. Except as provided in Section 6.11(b)(i), (ii), and (iii), Borrower shall not and shall not permit its Subsidiaries to establish or maintain any Deposit Account or Securities Account unless Agent shall have received a Control Agreement in respect of such Deposit Account or Securities Account.