Investments in. (i) negotiable certificates of deposit, time deposits and bankers' acceptances issued by you or any United States bank or trust company having capital and surplus and undivided profits aggregating at least $100,000,000; (ii) short-term corporate obligations rated Prime-1 by Moodx'x Xxxestors Service, Inc. or A-1 by Standard & Poor's Corporation; and (iii) any direct obligation of the United States of America or any agency or instrumentality thereof (a) which has a remaining maturity at the time of purchase of not more than two years or (b) which is subject to a repurchase agreement exercisable within two years with one of the banks or trust companies referred to in clause (i) hereof.
Investments in prepaid expenses, negotiable instruments held for collection and lease, utility and worker's compensation, performance and other similar deposits provided to third parties in the ordinary course of business; (xiv) consumer loans and leases entered into, purchased or otherwise acquired by the Company or its Subsidiaries, as lender, lessor or assignee, as applicable, in the ordinary course of business; and (xv) in addition to the Investments described in clauses (i) through (xiv) above, Investments in an amount not to exceed $10,000,000 in the aggregate at any one time outstanding. In connection with any assets or property contributed or transferred to any Person as an Investment, such property and assets shall be equal to the Fair Market Value at the time of Investment.
Investments in. (A) any individual Real Property (other than the Ala Moana Center and Property related thereto) which do not exceed seven percent (7%) of the Capitalization Value after giving effect to such Investments of the Borrower and its Subsidiaries;
(B) any single Person owning Property or any portfolio of Properties (other than the Homart Portfolio and the Ivanhoe Portfolio of the Borrower) which do not exceed twenty percent (20%) of the Capitalization Value after giving effect to such Investments of the Borrower and its Subsidiaries, it being understood that no Investment in any individual Person will be permitted if the Borrower's allocable share of the Investment of such Person in any individual Property would exceed the limitation described in clause (A) above;
(C) joint ventures and Subsidiaries that are not Consolidated Subsidiaries (including, without limitation, such Subsidiaries in the Homart Portfolio of the Borrower) which, in the aggregate, do not exceed fifty percent (50%) of the Capitalization Value after giving effect to such Investments of the Borrower and its Subsidiaries;
(D) Real Estate Under Construction which, in the aggregate, does not exceed fifteen percent (15%) of the Capitalization Value after giving effect to such Investments of the Borrower and its Subsidiaries (provided, however, that, for purposes of this clause (D) only, the term Real Estate Under Construction shall not include any Construction Asset which is at least eighty percent (80%) leased, and provided further that, for purposes of this clause (D), any portion of a Construction Asset which is under an unconditional (except for customary closing conditions) binding contract of sale to an "anchor tenant" shall be deemed to be leased); and
(E) Inactive Assets which, in the aggregate, do not exceed eight percent (8%) of the Capitalization Value after giving effect to such Investments of the Borrower and its Subsidiaries; provided, however, that the Investments of the Borrower and its Subsidiaries described in clauses (D) and (E) above shall not together exceed fifteen percent (15%) of the Capitalization Value after giving effect to such Investments of the Borrower and its Subsidiaries; and
Investments in. (i) short-term direct obligations of the United States Government, (ii) negotiable certificates of deposit issued by any bank satisfactory to Lender, payable to the order of the Borrower, and (iii) commercial paper rated A1 or P1;
Investments in. (i) obligations issued or guaranteed by the United States of America;
(ii) certificates of deposit, bankers acceptances and other "money market instruments" issued by any bank or trust company organized under the laws of the United States of America or any State thereof and having capital and surplus in an aggregate amount of not less than $100,000,000;
(iii) open market commercial paper bearing the highest credit rating issued by Standard & Poor's Corporation or by another nationally recognized credit rating agency;
(iv) repurchase agreements entered into with any bank or trust company organized under the laws of the United States of America or any State thereof and having capital and surplus in an aggregate amount of not less than $100,000,000 relating to United States of America government obligations;
(v) shares of "money market funds", each having net assets of not less than $100,000,000; in each case maturing or being due or payable in full not more than 180 days after a Borrower's acquisition thereof; and
(vi) accounts receivable arising out of sales of inventory in the ordinary course of business;
Investments in a person substantially all of whose assets are of a type generally used in a Related Business (an "Acquired Person") if, as a result of such Investments, (i) the Acquired Person immediately thereupon is or becomes a Subsidiary of the Company, or (ii) the Acquired Person immediately thereupon either (1) is merged or consolidated with or into the Company or any of its Subsidiaries and the surviving person is the Company or a Subsidiary of the Company or (2) transfers or conveys all or substantially all of its assets, or is liquidated into, the Company or any of its Subsidiaries;
Investments in. (i) negotiable certificates of deposit, time deposits and bankers' acceptances issued by you or any United States bank or trust company having capital and surplus and undivided profits aggregating at least $100,000,000; (ii) short-term corporate obligations rated Prime-1 by Moodx'x Xxxestors Service, Inc. or A-1 by Standard & Poor's Corporation; and (iii) any direct obligation of the United States of America or any agency or
Investments in. (i) obligations issued or guaranteed by the United States of America;
(ii) certificates of deposit, bankers acceptances and other "money market instruments" issued by any commercial bank organized under the laws of the United States or any State thereof or any other country which is a member of the Organization for Economic Cooperation and Development (provided that such bank is acting through a branch or agency located in the United States) and having capital and surplus in an aggregate amount of not less than $100,000,000 (an "ELIGIBLE BANK");
(iii) open market commercial paper bearing the highest credit rating issued by Standard & Poor's Corporation or by another nationally recognized credit rating agency;
(iv) repurchase agreements entered into with any Eligible Bank relating to United States of America government obligations; and
(v) shares of "money market funds", each having net assets of not less than $100,000,000; in each case maturing or being due or payable in full not more than 180 days after the Borrower's acquisition thereof;
Investments in a subsidiary of a Borrower formed primarily for the purpose of financing purchases and leases of inventory manufactured by the Borrowers or any of their subsidiaries of up to an aggregate amount so invested, in cash and/or in property, other than Collateral, having an aggregate fair market value, not to exceed $3,000,000 so invested on or after the date hereof in cash or in such property by all Borrowers on a combined basis;
Investments in. (i) obligations issued or guaranteed by the United States of America;
(ii) certificates of deposit, bankers accep- tances and other "money market instruments" issued by any bank or trust company organized under the laws of the United State of America or any State thereof and having capital and surplus in an aggregate amount not less than $100,000,000;
(iii) open market commercial paper bearing the
(iv) repurchase agreements entered into with any bank or trust company organized under the laws of the United States of America or any State thereof and having capital and surplus in an aggregate amount not less than $100,000,000 relating to United States of America government obligations; and
(v) shares of "money market funds", each having net assets of not less than $100,000,000; in each case maturing or being due or payable in full not more than 180 days after the Borrower's acquisition thereof;
