Investments Covenant Sample Clauses

Investments Covenant. Section 5.02(f)(ix) of the Credit Agreement is hereby amended in its entirety to read as follows:
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Investments Covenant. Section 5.02(f) of the Credit Agreement is hereby amended by striking the word “and” at the end of clause (vii) thereof, replacing “.” with “; and” at the end of clause (viii) thereof, and inserting the following new clause (ix) thereto:
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Investments Covenant. 13. Investments in the Issuer or Guarantors Unlimited Investments in the Issuer and the Guarantors; provided that any investments by a non-Guarantor subsidiary in the Issuer and the Guarantors in the form of a loan must be unsecured and subordinated pursuant to the terms of an intercompany note that is reasonably satisfactory to the Investor.
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Investments Covenant. Section 7.2.4(d) of the Financing Agreement is hereby amended by deleting the phrase “the Borrower in any of the Obligors” contained therein and inserting the phrase “any Obligor in any other Obligor” in its stead.
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Investments Covenant. Investments by the Company, the REIT or any other Guarantor (other than Investments in the Company, in the REIT or, only for so long as any such Person remains a Guarantor, in any other Guarantor) shall not exceed fifteen percent (15%) of GAV ("Investments Covenant"). However, if the Company receives a BBB/Baa3 rating from a Qualified Rating Agency, then the Investments Covenant shall be increased to twenty percent (20%).
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Related to Investments Covenant

  • Holdings Covenant Holdings and any Intermediate Holdings will not conduct, transact or otherwise engage in any business or operations other than (i) the ownership and/or acquisition of the Equity Interests of any Intermediate Holdings, Holdings, any IPO Shell Company and any wholly-owned subsidiary of Holdings formed in contemplation of an IPO to become the entity which consummates an IPO, (ii) the maintenance of its legal existence, including the ability to incur fees, costs and expenses relating to such maintenance, (iii) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrowers or any of their Subsidiaries, (iv) the performance of its obligations under and in connection with the Loan Documents, any documentation governing any Indebtedness or Guarantee permitted to be incurred or made by it under Article VI, the Acquisition Agreement, the Transactions, the other agreements contemplated by the Acquisition Agreement and the other agreements contemplated hereby and thereby, (v) financing activities, including any public offering of its common stock or any other issuance or registration of its Equity Interests for sale or resale not prohibited by this Agreement, including the costs, fees and expenses related thereto including the formation of one or more “shell” companies to facilitate any such offering or issuance, (vi) any transaction that Holdings or any Intermediate Holdings is permitted to enter into or consummate under Article VI (including, but not limited to, the making of any Restricted Payment permitted by Section 6.08 or holding of any cash or Permitted Investments received in connection with Restricted Payments made in accordance with Section 6.08 pending application thereof in the manner contemplated by Section 6.04, the incurrence of any Indebtedness permitted to be incurred by it under Section 6.01 and the making of (and activities as necessary to consummate) any Investment permitted to be made by it under Section 6.04), (vii) incurring fees, costs and expenses relating to overhead and general operating including professional fees for legal, tax and accounting issues and paying taxes, (viii) providing indemnification to officers and directors and as otherwise permitted in Section 6.09, (ix) activities as necessary to consummate and Permitted Acquisition or any other Investment permitted hereunder, (x) activities incidental to the consummation of the Transactions, (xi) activities reasonably incidental to the consummation of an IPO, including the IPO Reorganization Transactions and (xii) activities incidental to the businesses or activities described in clauses (i) to (xi) of this paragraph.

  • Borrower’s Covenants 3.1 As and when he becomes, and for so long as he remains a shareholder of Borrower Company, Borrower covenants irrevocably that during the term of this Agreement, Borrower shall cause Borrower Company:

  • Agreements and Covenants The Company shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Effective Time.

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