Investments in Subsidiaries of the Borrower. As soon as available and in any event within 45 days after the end of each fiscal quarter, a report identifying the aggregate amount of all Loan proceeds (i) loaned or contributed as equity capital by the Borrower to any of its Subsidiaries, (ii) loaned or contributed as equity capital by any Subsidiary of the Borrower to any Operating Subsidiary or other Subsidiary of the Borrower, or (iii) otherwise used by each Operating Subsidiary or other Subsidiary of the Borrower.
Investments in Subsidiaries of the Borrower resulting from drawings under, or renewals or extensions of, letters of credit, surety bonds, Contingent Obligations or performance bonds supporting obligations of Subsidiaries incurred in the ordinary course of business but in any event not for speculative obligations of such Subsidiary; 93 AESC Credit Agreement
Investments in Subsidiaries of the Borrower in connection with internal reorganizations and/or tax restructuring entered into among the Borrower and/or its Restricted Subsidiaries;
Investments in Subsidiaries of the Borrower or the Guarantor, but only with the consent of the Majority Banks;
Investments in Subsidiaries of the Borrower or the Trust that are not one hundred percent (100%) owned by the Borrower or the Trust or in Unconsolidated Affiliates, which Subsidiaries or Unconsolidated Affiliates are engaged in the ownership of Real Estate or development activity pursuant to §8.9 or §8.10, and Investments in mortgages and notes receivables from such Subsidiaries or Unconsolidated Affiliates, provided that in no event shall such Investments (including the principal amount payable pursuant to such notes) exceed fifteen percent (15%) of Borrower’s Consolidated Total Adjusted Asset Value in the aggregate without the prior written consent of the Required Banks. For the purposes of this §8.3(i) only, notes receivable from Unconsolidated Affiliates shall be valued at face value (subject to reduction as a result of payments thereon);
Investments in Subsidiaries of the Borrower in connection with internal reorganizations and/or tax restructuring entered into among the Borrower and/or its Restricted Subsidiaries; (w) any Derivative Transactions of the type permitted under Section 6.3(b)(xix); (x) Investments consisting of the licensing of intellectual property or other works of authorship for the purpose of joint marketing arrangements with other Persons; (y) repurchases of the Existing Notes and any other Senior Indebtedness; (z) (i) unfunded pension fund and other employee benefit plan obligations and liabilities to the extent that the same are permitted to remain unfunded under applicable Requirements of Law and (ii) Investments of assets relating to any non-qualified deferred payment plan or similar employee compensation plan in the ordinary course of business, consistent with past practice or consistent with industry norm; (aa) Investments in the Borrower, any Subsidiary and/or any joint venture in connection with intercompany cash management arrangements and related activities and/or customary buy/sell arrangements between the joint venture parties set forth in joint venture agreements and similar binding arrangements, in each case, entered into in the ordinary course of business, consistent with past practice or consistent with industry norm; (bb) additional Investments so long as, after giving effect thereto on a pro forma basis, the Consolidated Total Debt Ratio does not exceed 2.50 to 1.00; (cc) any Investment made by any Unrestricted Subsidiary prior to the date on which such Unrestricted Subsidiary is designated as a Restricted Subsidiary so long as the relevant Investment was not made in contemplation of the designation of such Unrestricted Subsidiary as a Restricted Subsidiary; (dd) [Reserved]; (ee) Investments in Receivables Subsidiaries required in connection with a Permitted Receivables Financing (including the contribution or lending of cash and Cash Equivalents to Receivables Subsidiaries to finance the purchase of assets from the Borrower or any Restricted Subsidiary or to otherwise fund required reserves); (ff) contributions to a “rabbi” trust for the benefit of employees, directors, consultants, independent contractors or other service providers or other grantor trust (or any Immediate Family Member of the foregoing) subject to claims of creditors in the case of a bankruptcy of the Borrower or any Restricted Subsidiary; (gg) to the extent that they constitute Investments, purchases, acquisitions, licenses or ...
Investments in Subsidiaries of the Borrower. (l) Subject to the provisions of Section 9.6 hereof, investments in undeveloped or non-income producing land and Opportunity Properties;
Investments in Subsidiaries of the Borrower that have not executed and delivered a Subsidiary Guarantee in an aggregate amount outstanding not in excess of fifteen percent (15%) of the Borrower’s Consolidated Tangible Net Worth determined as of the end of the most recently completed fiscal quarter of the Borrower;
Investments in Subsidiaries of the Borrower which have executed a Subsidiary Guaranty and all of the outstanding Stock of which is pledged to the Collateral Agent pursuant to the Pledge Agreement; PROVIDED, HOWEVER, the aggregate amount of Investments in Excluded Subsidiaries shall not exceed $5,000,000 at any time;
