Common use of Investments in Subsidiaries Clause in Contracts

Investments in Subsidiaries. The Borrower will not, and will not permit or cause any of its Subsidiaries to, directly or indirectly, purchase, own, invest in or otherwise acquire any Capital Stock, evidence of indebtedness or other obligation or security or any interest whatsoever in any Domestic Subsidiary of the Parent that is both (a) not a Wholly-Owned Subsidiary and (b) not a Subsidiary Guarantor (each, a “Non-Wholly-Owned Subsidiary”), or make or permit to exist any loans, advances or extensions of credit to, or any investment in cash or by delivery of property in, any Non-Wholly-Owned Subsidiary (collectively, “Investments”) other than: (i) Investments in Non-Wholly-Owned Subsidiaries existing as of the Closing Date; (ii) the Borrower’s guarantee of the loans made by ICE US Trust under the New Liquidity Facility; and (iii) other Investments in Non Wholly-Owned Subsidiaries made in any fiscal year in an aggregate amount not exceeding 15% of Consolidated EBITDA for the fiscal year most recently ended.

Investments in Subsidiaries. The Borrower will not, and will not permit or cause any of its Subsidiaries to, directly or indirectly, purchase, own, invest in or otherwise acquire any Capital Stock, evidence of indebtedness or other obligation or security or any interest whatsoever in any Domestic Subsidiary of the Parent Borrower that is both (a) not a Wholly-Owned Subsidiary and (b) not a Subsidiary Guarantor (each, a “Non-Wholly-Owned Subsidiary”), or make or permit to exist any loans, advances or extensions of credit to, or any investment in cash or by delivery of property in, any Non-Wholly-Owned Subsidiary (collectively, “Investments”) other than: (i) Investments in Non-Wholly-Owned Subsidiaries existing as of the Closing Date; (ii) the Borrower’s guarantee Investments of the loans Borrower in ICE Trust made by ICE US Trust under the New Liquidity Facilityfrom proceeds of Loans not to exceed $100,000,000 outstanding at any time; and (iii) other Investments in Non Wholly-Owned Subsidiaries made in any fiscal year in an aggregate amount not exceeding 15% of Consolidated EBITDA for the fiscal year most recently ended.

Investments in Subsidiaries. The Borrower will not, and will not permit or cause any of its Subsidiaries to, directly or indirectly, purchase, own, invest in or otherwise acquire any Capital Stock, evidence of indebtedness or other obligation or security or any interest whatsoever in any Domestic Subsidiary of the Parent Borrower that is both (a) not a Wholly-Wholly- Owned Subsidiary and (b) not a Subsidiary Guarantor (each, a “Non-Wholly-Owned Subsidiary”), or make or permit to exist any loans, advances or extensions of credit to, or any investment in cash or by delivery of property in, any Non-Wholly-Wholly- Owned Subsidiary (collectively, “Investments”) other than: (i) Investments in Non-Wholly-Owned Subsidiaries existing as of the Closing Date; (ii) the Borrower’s guarantee Investments of the loans Borrower in ICE Trust made by ICE US Trust under the New Liquidity Facilityfrom proceeds of Loans not to exceed $100,000,000 outstanding at any time; and (iii) other Investments in Non Wholly-Owned Subsidiaries made in any fiscal year in an aggregate amount not exceeding 15% of Consolidated EBITDA for the fiscal year most recently ended.