Investments, Guaranties, etc Sample Clauses

Investments, Guaranties, etc. The Company will not, and will not permit any Subsidiary to, directly or indirectly make or own any Investment in any Person, or create or become or be liable with respect to any Guaranty, except:
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Investments, Guaranties, etc. The Borrower will not, and will not permit any Restricted Subsidiary to, directly or indirectly (a) make or own any Investment in any Person or (b) create or become liable with respect to any Guaranty, except:
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Investments, Guaranties, etc. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly (i) make or own any Investment in any Person (including an Investment in a Subsidiary of the Company), (ii) create or become liable with respect to any Guaranty of any Indebtedness of a Control Affiliate, or (iii) create or become liable with respect to any Guaranty (provided, however, that nothing contained in this SECTION 10.3, except clause (ii) above, is intended to limit the making of any Guaranty which would be permitted as Indebtedness under SECTION 10.1), except:
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Investments, Guaranties, etc. Neither Obligor will, nor will either Obligor permit any Restricted Subsidiary to, directly or indirectly (i) make or own any Investment in any Person, or (ii) create or become liable with respect to any Guaranty, except:
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Investments, Guaranties, etc. The Borrowers shall not, directly or indirectly, (i) make or own any Investment other than (A) Permitted Investments, (B) the purchase or ownership of assets or stock and other securities of a Subsidiary, (C) loans to officers, directors, employees or Subsidiaries to the extent that following such loan, no Event of Default or Potential Event of Default would exist, (D) loans, advances and Investments in an amount allowed as a dividend or distribution under Section 10.1(h)(ii) less any such amount paid by a Borrower as a dividend or distribution in accordance with Section 10.1(h)(ii), (E) loans, advances and Investments permitted under Section 5.17, (F) Investments outstanding as of the Closing Date, (G) Investments in and to El Dorado Nitrogen Company, (H) Investments in other Borrowers and (I) other Investments not otherwise permitted under this Section 10.1(g) in an amount not to exceed $5,000,000 in the aggregate at any time; or (ii) create or become liable with respect to any Guaranty, except for (A) Guaranties outstanding as of the Closing Date, and (B) Guaranties on behalf of other Borrowers or Subsidiaries or not otherwise permitted under this Section 10.1(g), in an amount not to exceed $3,000,000 in the aggregate (on a consolidated and combined basis) at any time.
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Investments, Guaranties, etc. Make or hold, or permit any of its Restricted Subsidiaries to make or hold, any Investment in, or enter into a Guaranty of any Obligation of, any Person other than
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Investments, Guaranties, etc. The GMH Companies will not, and will not permit any Subsidiary to, directly or indirectly (a) make or own any Investment in any Person, or (b) create or become or be liable with respect to any Guaranty, except:
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Investments, Guaranties, etc. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly (i) make or own any Investment in any Person, or (ii) create or become liable with respect to any Guaranty, except: (a) the Company and any Restricted Subsidiary may make and own Investments in any Restricted Subsidiary or the Company or Investments in capital stock of, or other equity interests in, any Person which as a result of such Investment becomes a Restricted Subsidiary; (b) the Company or any Restricted Subsidiary may make and own Investments (x) constituting trade credits or advances to any Person incurred in the ordinary course of business, (y) arising out of loans and advances to officers, directors and employees for travel, entertainment and relocation expenses, in each case incurred in the ordinary course of business or (z) acquired by reason of the exercise of customary creditors' rights upon default or pursuant to the bankruptcy, insolvency or reorganization of a debtor; (c) the Company or any Restricted Subsidiary may create or become liable with respect to any Guaranty (i) constituting an obligation, warranty or indemnity, not guaranteeing Indebtedness of any Person, which is undertaken or made in the ordinary course of business or (ii) permitted under SECTION 10.2; (d) the Operating Partnership may create and become liable with respect to any Interest Rate Agreement; (e) the Operating Partnership may create and become liable with respect to any Commodity Hedging Agreement; (f) the Company or any Restricted Subsidiary may make and own Investments in (1) marketable obligations issued or unconditionally guaranteed by the United States of America, or issued by any agency thereof and backed by the full faith and credit of the United States of America in each case maturing within one year from the date of acquisition thereof, (2) marketable direct obligations issued by any state of the United States of America or any political subdivision of any such state or any public instrumentality thereof maturing within one year from the date of acquisition thereof and having as at any date of determination the highest rating obtainable from either Standard & Poor's Ratings Group or Xxxxx'x Investors Service, Inc., (3) commercial paper maturing no more than 270 days from the date of creation thereof and having as at any date of determination one of the two highest ratings obtainable from either Standard & Poor's Ratings Group or Xxxxx'x Investors Service, Inc.,...
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Related to Investments, Guaranties, etc

  • Guaranties, Etc Assume, guaranty, endorse, or otherwise be or become directly or contingently responsible or liable, or permit any Subsidiary to assume, guaranty, endorse, or otherwise be or become directly or contingently responsible or liable (including, but not limited to, an agreement to purchase any obligation, stock, assets, goods, or services, or to supply or advance any funds, assets, goods, or services, or an agreement to maintain or cause such Person to maintain a minimum working capital or net worth, or otherwise to assure the creditors of any Person against loss) for obligations of any Person, except guaranties by endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business.

  • Guaranties; Loans The Company shall not guarantee nor be liable in any manner, whether directly or indirectly, or become contingently liable after the date of this Agreement in connection with the obligations or indebtedness of any person or persons, except for (i) the indebtedness currently secured by the liens identified on the Pledged Property identified on Exhibit A hereto and (ii) the endorsement of negotiable instruments payable to the Company for deposit or collection in the ordinary course of business. The Company shall not make any loan, advance or extension of credit to any person other than in the normal course of its business.

  • Continuing Effect of Agreement Any provision of this Agreement which is capable of being performed after Completion but which has not been performed at or before Completion shall remain in full force and effect notwithstanding Completion.

  • Continuing Effect of the Credit Agreement This Amendment shall not constitute a waiver of any provision not expressly referred to herein and shall not be construed as a consent to any action on the part of the Borrowers or Guarantors that would require a waiver or consent of the Lenders or an amendment or modification to any term of the Loan Documents except as expressly stated herein. Except as expressly modified hereby, the provisions of the Credit Agreement and the Loan Documents are and shall remain in full force and effect.

  • Amendments, Waivers, Etc This Agreement may not be amended, changed, supplemented, waived or otherwise modified or terminated, except upon the execution and delivery of a written agreement executed by the parties hereto.

  • Certain Agreements Related to Deposits Subject to Section 2.2, the Assuming Institution agrees to honor the terms and conditions of any written escrow or mortgage servicing agreement or other similar agreement relating to a Deposit liability assumed by the Assuming Institution pursuant to this Agreement.

  • Warranties on Deposit of Shares Every person depositing Shares under this Deposit Agreement shall be deemed thereby to represent and warrant that such Shares and each certificate therefor, if applicable, are validly issued, fully paid, nonassessable and free of any preemptive rights of the holders of outstanding Shares and that the person making such deposit is duly authorized so to do. Every such person shall also be deemed to represent that the deposit of such Shares and the sale of American Depositary Shares representing such Shares by that person are not restricted under the Securities Act of 1933. Such representations and warranties shall survive the deposit of Shares and delivery of American Depositary Shares.

  • Filing of Certificate and Perfection of Limited Partnership The General Partner shall execute, acknowledge, record and file at the expense of the Partnership, any and all amendments to the Certificate(s) and all requisite fictitious name statements and notices in such places and jurisdictions as may be necessary to cause the Partnership to be treated as a limited partnership under, and otherwise to comply with, the laws of each state or other jurisdiction in which the Partnership conducts business.

  • Limitation on Guaranties The Borrower shall not, and shall not permit any of the Restricted Subsidiaries to, at any time Guaranty, assume, be obligated with respect to, or permit to be outstanding any Guaranty of, any obligation of any other Person other than (a) a guaranty by endorsement of negotiable instruments for collection in the ordinary course of business, or (b) obligations under agreements of the Borrower or any of the Restricted Subsidiaries entered into in connection with leases of real property or the acquisition of services, supplies and equipment in the ordinary course of business of the Borrower or any of Restricted Subsidiaries, (c) Guaranties of Indebtedness incurred as permitted pursuant to Section 7.1 hereof, or (d) as may be contained in any Loan Document including, without limitation, the Subsidiary Guaranty.

  • Representations and Warranties; Performance of Agreements Company shall have delivered to Agent an Officers' Certificate, in form and substance satisfactory to Agent, to the effect that the representations and warranties in Section 5 hereof are true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that Company shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date except as otherwise disclosed to and agreed to in writing by Agent and Requisite Lenders.

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