Investments Generally. The Borrower shall not, and shall not permit any other Obligor or any of their Subsidiaries to, directly or indirectly, acquire, make or purchase any Investment, or permit any Investment of such Person to be outstanding on and after the Agreement Date, other than the following: (a) Investments in Subsidiaries and Unconsolidated Affiliates in existence on the Agreement Date and disclosed on Part I of Schedule 6.1(b); (b) Investments to acquire Equity Interests of a Subsidiary or any other Person who after giving effect to such acquisition would be a Subsidiary, so long as in each case (i) immediately after giving effect to such Investment, no Default or Event of Default is or would be in existence and (ii) if such Subsidiary is (or after giving effect to such Investment would become) a Material Subsidiary, the terms and conditions set forth in Section 7.12 are satisfied; (c) Investments permitted under Section 9.3; (d) Investments in Cash Equivalents; (e) subject to the terms of Section 9.3 and 9.4, Investments in Properties that are primarily office or industrial Properties; and (f) intercompany Indebtedness among the Borrower, the REIT Guarantor and their Wholly Owned Subsidiaries, provided that such Indebtedness is permitted by the terms of Section 9.2.
Appears in 4 contracts
Samples: Term Loan Agreement (Wells Real Estate Investment Trust Ii Inc), Credit Agreement (Wells Real Estate Investment Trust Ii Inc), Credit Agreement (Wells Real Estate Investment Trust Ii Inc)
Investments Generally. The Borrower shall not, and shall not permit any other Obligor or any of their Subsidiaries to, directly or indirectly, acquire, make or purchase any Investment, or permit any Investment of such Person to be outstanding on and after the Agreement Date, other than the following:
(a) Investments in Subsidiaries and Unconsolidated Affiliates in existence on the Agreement Date and disclosed on Part I of Schedule 6.1(b);
(b) Investments to acquire Equity Interests of a Subsidiary or any other Person who after giving effect to such acquisition would be a Subsidiary, so long as in each case (i) immediately after giving effect to such Investment, no Default or Event of Default is or would be in existence and (ii) if such Subsidiary is (or after giving effect to such Investment would become) a Material Subsidiary, the terms and conditions set forth in Section 7.12 are satisfied;
(c) Investments permitted under Section 9.3;
(d) Investments in Cash Equivalents;
(e) subject to the terms of Section 9.3 and 9.4, Investments in Properties that are primarily office or industrial Properties; and
(fe) intercompany Indebtedness among the Borrower, the REIT Guarantor CLP and their Wholly Owned Subsidiaries, Subsidiaries provided that such Indebtedness is permitted by the terms of Section 9.2.
Appears in 2 contracts
Samples: Term Loan Agreement (Colonial Properties Trust), Credit Agreement (Colonial Properties Trust)
Investments Generally. The Borrower Borrowers shall not, and shall not permit any Subsidiary or other Obligor or any of their Subsidiaries Loan Party to, directly or indirectly, acquire, make or purchase any Investment, or permit any Investment of such Person to be outstanding on and after the Agreement Date, other than the following:
: (a) Investments in Subsidiaries and Unconsolidated Affiliates in existence on the Agreement Date and disclosed on Part I of Schedule 6.1(b);
; (b) Investments to acquire Equity Interests of a Subsidiary or any other Person who after giving effect to such acquisition would be a Subsidiary, so long as in each case (i) immediately after giving effect to such Investment, no Default or Event of Default is or would be in existence and (ii) if such Subsidiary is (or after giving effect to such Investment would become) a Material Subsidiary, the terms and conditions set forth in Section 7.12 are satisfied;
; (c) Investments permitted under Section 9.3;
; (d) Investments in Cash Equivalents;
; (e) subject to the terms of Section 9.3 and 9.4, Investments in Properties that are primarily office or industrial Properties; and
(f) intercompany Indebtedness among the Borrower, the REIT Guarantor Borrowers and their Wholly Owned Subsidiaries, Subsidiaries provided that such Indebtedness is permitted by the terms of Section 9.2; and (f) Investments in Unimproved Land, Multifamily Properties and Non-Multifamily Properties, subject to the terms of this Agreement (including without limitation the terms of Section 9.3).
Appears in 2 contracts
Samples: Credit Agreement (Gables Residential Trust), Credit Agreement (Gables Realty Limited Partnership)
Investments Generally. The Borrower shall not, and shall not permit any other Obligor or any of their Subsidiaries to, directly or indirectly, acquire, make or purchase any Investment, or permit any Investment of such Person to be outstanding on and after the Agreement Effective Date, other than the following:
(a) Investments in Subsidiaries and Unconsolidated Affiliates in existence on the Agreement Effective Date and disclosed on Part I of Schedule 6.1(b);
(b) Investments to acquire Equity Interests of a Subsidiary or any other Person who after giving effect to such acquisition would be a Subsidiary, so long as in each case (i) immediately after giving effect to such Investment, no Default or Event of Default is or would be in existence and (ii) if such Subsidiary is (or after giving effect to such Investment would become) a Material Subsidiary, the terms and conditions set forth in Section 7.12 are satisfied;
(c) Investments permitted under Section 9.3;
(d) Investments in Cash Equivalents;
(e) subject to the terms of Section 9.3 and 9.4, Investments in Properties that are primarily office or industrial Properties; and
(f) intercompany Indebtedness among the Borrower, the REIT Guarantor and their Wholly Owned Subsidiaries, provided that such Indebtedness is permitted by the terms of Section 9.2.
Appears in 1 contract
Samples: Credit Agreement (Wells Real Estate Investment Trust Ii Inc)
Investments Generally. The Borrower shall not, and shall not permit any other Obligor or any of their Subsidiaries to, directly or indirectly, acquire, make or purchase any Investment, or permit any Investment of such Person to be outstanding on and after the Agreement Date, other than the following:
(a) Investments in Subsidiaries and Unconsolidated Affiliates in existence on the Agreement Date and disclosed on Part I of Schedule 6.1(b);
(b) Investments to acquire Equity Interests of a Subsidiary or any other Person who after giving effect to such acquisition would be a Subsidiary, so long as in each case (i) immediately after giving effect to such Investment, no Default or Event of Default is or would be in existence and (ii) if such Subsidiary is (or after giving effect to such Investment would become) a Material Subsidiary, the terms and conditions set forth in Section 7.12 are satisfied;
(c) Investments permitted under Section 9.3;
(d) Investments in Cash Equivalents;
(e) subject to the terms of Section 9.3 and 9.4, Investments in Properties that are primarily office or industrial Properties; and
(f) intercompany Indebtedness among the Borrower, the REIT Guarantor and their Wholly Owned Subsidiaries, provided that such Indebtedness is permitted by the terms of Section 9.2.
Appears in 1 contract
Samples: Credit Agreement (Wells Real Estate Investment Trust Ii Inc)