Investments, Etc. The Company will not, and will not permit any of its Restricted Subsidiaries to, make or permit to remain outstanding any Investment, except:
(i) Investments by the Company and its Restricted Subsidiaries in Subsidiaries and joint ventures and by any Restricted Subsidiary in the Company (including Guarantees by the Company of Indebtedness of any Subsidiary and by any Restricted Subsidiary of Indebtedness of the Company or any other Subsidiary), provided that the aggregate amount of any such Investments (including Guarantees) by the Company and its Restricted Subsidiaries in Unrestricted Subsidiaries and joint ventures after the Restatement Effective Date (net of returns on such Investments after the Restatement Effective Date) shall not exceed the greater of (x) $200,000,000 and (y) 5% of Total Assets (measured at the time of the applicable Investment) and no such Investment may be made at any time that a Default exists or if a Default would result therefrom;
(ii) Permitted Investments;
(iii) operating deposit accounts with banks;
(iv) Disposition Investments received in connection with any Disposition permitted under Section 7.04(d) or any Disposition to which the Lenders shall have consented in accordance with Section 10.02;
(v) Investments consisting of (x) loans made by the Company to any Special Acquisition Subsidiary, so long as (A) such loan is made to such Special Acquisition Subsidiary to enable the repayment of Indebtedness assumed in connection with the acquisition referred to in the definition of “Special Acquisition Subsidiary”, (B) no such loan shall be outstanding for a period of more than five Business Days unless, prior to the expiration of such period, such Special Acquisition Subsidiary shall have been contributed to the Company or a Restricted Subsidiary and become a Wholly Owned Subsidiary of the Company and (C) the aggregate principal amount of all such loans outstanding at any one time to all Special Acquisition Subsidiaries shall not exceed $100,000,000 and (y) other Investments in Affiliates not exceeding $50,000,000 at any one time outstanding;
(vi) Investments in Affiliates described in, and permitted by, Section 7.07 (other than clause (iii) of the proviso to Section 7.07);
(vii) any purchase by the Company of securities in respect of Restricted Indebtedness to the extent such purchase is permitted by Section 7.11, so long as the same are delivered for cancellation to the respective trustee within 3 Business Days of such purchas...
Investments, Etc. The Borrower will not, and will not permit any of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly-owned Subsidiary prior to such merger), any capital stock, Indebtedness or other securities (including any option, warrant, or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) all or substantially all of the assets of a Person, or of any business or division of any Person (all of the foregoing being collectively called “Investments”), except:
(a) Investments existing on the date hereof (including Investments in Subsidiaries) that have been disclosed to the Lenders and/or that are set forth on the most current financial statements that have been delivered to the Lenders;
(b) Investments purchased in the ordinary course of business by any Financial Institution Subsidiary;
(c) Investments made by the Borrower in or to any Subsidiary and by any Subsidiary in or to the Borrower or in or to another Subsidiary;
(d) Investments made for the purpose of making or consummating an Acquisition; provided, that (i) no Default or Event of Default shall have occurred or would result (on a pro forma basis) from the making or consummation of such Acquisition, (ii) such Acquisitions are undertaken in accordance with all applicable laws, and (iii) the prior written consent or approval of such Acquisition of the board of directors or equivalent governing body of the Person being acquired has been obtained; provided, further, that in the case of any Investment by the Borrower or any Subsidiary in which the Borrower or such Subsidiary acquires, directly or indirectly, fifty percent (50%) or more of the voting stock any Person that is a regulated financial institution, such acquired Person shall become a Financial Institution Subsidiary for purposes of this Agreement;
(e) Guarantees of the Borrower of any Indebtedness expressly permitted under Section 7.1(d); and
(f) Other Investments made in the ordinary course of business and in accordance with applicable laws and regulations and safe and sound business practices.
Investments, Etc. The Borrowers will not, and will not permit any of their respective Restricted Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash or Cash Equivalents (any of the foregoing, an "Investment"), except that the following shall be permitted:
(i) the Borrowers and their Restricted Subsidiaries may acquire and hold accounts receivables owing to any of them, if created or acquired in the ordinary course of bus- iness and payable or dischargeable in accordance with cus- tomary terms;
(ii) the Borrowers and their Restricted Subsidiaries may acquire and hold cash and Cash Equivalents (including cash and Cash Equivalents held by INTERCO on behalf of its Restricted Subsidiaries pursuant to the Cash Management System); provided that during any time that Revolving Loans of Non-Defaulting Banks or Swingline Loans are outstanding, the aggregate amount of cash and Cash Equivalents permitted to be held by the Borrowers and their Restricted Subsidiaries (including cash and Cash Equivalents held by INTERCO on behalf of its Restricted Subsidiaries pursuant to the Cash Management System) shall not exceed $20,000,000 for any period of five consecutive days;
(iii) INTERCO and its Restricted Subsidiaries may make loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without regard to any write-downs or write-offs of such loans and advances) shall not exceed $1,000,000;
(iv) the Borrowers may enter into Interest Rate Protec- tion Agreements to the extent permitted in Section 9.04(vi);
(v) any Credit Party or the Receivables Subsidiary may make intercompany loans and advances to any other Credit Party;
(vi) the Borrowers may (x) establish Subsidiaries in compliance with Section 9.12 and (y) make Investments therein as otherwise provided in this Section 9.05;
(vii) so long as no Default or Event of Default exists, or would result therefrom, the Borrowers and their Restricted Subsidiaries may make Investments at any time in an amount not to exceed the sum of (A) the Available $10 Million Acquisiti...
Investments, Etc. The Parent will not, and will not permit any of its Restricted Subsidiaries to, make or permit to remain outstanding any Investment, except:
(i) Investments held by the Parent and its Restricted Subsidiaries either (A) on the date of, and reflected in, the most recent financial statements delivered under Section 5.04 or (B) on the Restatement Effective Date, if, in the case of this clause (B), either such Investments are listed on Schedule 8.05 or the amount of any such individual Investment is less than or equal to $1,000,000);
(ii) (A) Investments by the Parent and its Restricted Subsidiaries in Obligors, (B) Investments by any Subsidiary of the Parent that is not an Obligor in any Restricted Subsidiary and (C) to the extent constituting Investments, the sale, transfer or other disposition of the Equity Interests in (x) any Restricted Subsidiary of an Obligor to any other Obligor and (y) any Subsidiary of a non-Obligor to any Restricted Subsidiary;
(iii) Investments by the Obligors in Restricted Subsidiaries that are not Obligors, if such Investments either (A) are outstanding on December 31, 2009 or (B) are made on or after January 1, 2010 and, in the case of this clause (B), the aggregate amount of such Investments (excluding Investments referred to in Section 8.05(a)(i)) does not exceed the sum of (w) $534,000,000 plus (x) 100% of all cash and the fair market value of non-cash assets received on or after January 1, 2010 by any Obligor on account of Investments made pursuant to this clause (iii), whether as income, return of capital or proceeds of the sale of such Investments plus (y) 100% of all loan repayments, proceeds of intercompany loans and other payments whether in cash or non-cash assets (the amount of any such non-cash assets being the fair market value thereof), except for amounts included in the foregoing subclause (x), received any time from and after January 1, 2010 by Obligors from Restricted Subsidiaries that are not Obligors plus (z) the Unapplied Equity Proceeds at such time;
(iv) Investments in Project Entities and joint ventures if such Investments either (A) are outstanding on December 31, 2009 or (B) are made on or after January 1, 2010 and, in the case of this clause (B), the aggregate amount of such Investments (excluding Investments referred to in Sections 8.05(a)(i) and (ii)) does not exceed the sum of (w) $525,000,000 plus (x) 100% of all cash received on or after January 1, 2010 by any Obligor on account of Investments made ...
Investments, Etc. Make any Investment other than Permitted Investments.
Investments, Etc. The Borrower shall not purchase or hold beneficially any stock, other securities or evidences of indebtedness of or make any investment or acquire any interest whatsoever in, any other person; provided, however, that it may invest in Permitted Investments.
Investments, Etc. In the case of Seller, except as contemplated in the Sale Agreement in connection with Seller's purchases of Receivables and Related Assets from KBK, (i) make, incur or suffer to exist an investment in or equity contribution to, any Person or (ii) create any direct or indirect Subsidiary or otherwise acquire direct or indirect ownership of any equity interests in any other Person.
Investments, Etc. The Borrower will not, nor will it permit any of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any capital stock, evidences of indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, except:
(i) investments existing on the date hereof and set forth in Part C of Schedule II;
(ii) Permitted Investments;
(iii) investments by the Borrower in the capital stock of its Subsidiaries;
(iv) loans or advances made by the Borrower to any Subsidiary Guarantor and made by any Subsidiary Guarantor to the Borrower or another Subsidiary Guarantor;
(v) Guarantees constituting Indebtedness permitted by Section 6.01; and
(vi) any transaction permitted under Section 6.03.
Investments, Etc. 13 SECTION 5.20. Transactions With Affiliates.............................13 SECTION 5.21. Prepayment of Outstanding Debt..........................13 SECTION 5.22. Guarantees..............................................13 SECTION 5.23. Change of Business......................................13 SECTION 5.24. Fiscal Year.............................................14 SECTION 5.25. Maximum Losses; Minimum Net Income......................14 SECTION 5.26. Accounting Policies.....................................14
Investments, Etc. Make loans, advances, capital contributions or other investments, other than portfolio investments consistent with the investment objectives and policies set forth in such Borrower’s Prospectus and Interfund Loans.