Common use of Investments in Unrestricted Subsidiaries Clause in Contracts

Investments in Unrestricted Subsidiaries. Each Issuer shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make any Investment in any Unrestricted Subsidiary unless (i) the amount of such Investment does not exceed the amount then permitted to be used to make a Restricted Payment pursuant to clause (iii) of the first paragraph of Section 3.9 and (ii) immediately after such Investment, and after giving effect thereto on a pro forma basis deducting from Net Income the amount of any Investment the Issuers and Subsidiaries of the Issuers have made in Unrestricted Subsidiaries during the four full fiscal quarters last preceding the date of such Investment, Advantica would be able to incur $1.00 of additional Indebtedness pursuant to the Fixed Charge Coverage Ratio test set forth in Section 3.11(a). Notwithstanding clauses (i) and (ii) of this Section 3.17 or any provision hereof to the contrary, the Issuers and their Subsidiaries shall be permitted to make investments in Unrestricted Subsidiaries in an aggregate amount not to exceed $25,000,000 (without regard to the FRD Investment) at any one time outstanding. The amount by which the aggregate of all Investments in Unrestricted Subsidiaries exceeds $25,000,000 (without regard to the FRD Investment) shall be counted in determining the aggregate permissible amount of Restricted Payments pursuant to clause (iii) of the first paragraph of Section 3.

Investments in Unrestricted Subsidiaries. Each Issuer The Company shall not, and shall not permit any of its Subsidiaries Restricted Subsidiary to, directly or indirectly, make any Investment in any Unrestricted Subsidiary unless Subsidiary, if at the time of such Investment: (ia) a Default or Event of Default shall have occurred and be continuing or shall occur as a consequence thereof; (b) the amount of such Investment does not exceed exceeds the amount then permitted to be used to make a Restricted Payment Payments pursuant to clause (iiic) of the first paragraph of Section 3.9 and 4.7 hereof; or (iic) immediately after such Investment, Investment and after giving effect thereto on a pro forma basis deducting from Consolidated Net Income the amount of any Investment the Issuers and Subsidiaries of the Issuers have Company has made in an Unrestricted Subsidiaries Subsidiary during the four full fiscal quarters last preceding the date of such Investment, Advantica the Company would not be able permitted to incur at least $1.00 of additional Indebtedness pursuant to the Fixed Charge Coverage Ratio test set forth in first paragraph of Section 3.11(a4.9 hereof (without giving effect to clauses (i) through (xvii) of the second paragraph thereof). Notwithstanding clauses (ib) and or (iic) of this Section 3.17 paragraph or any other provision hereof to the contraryof this Indenture, the Issuers and their Subsidiaries Company shall be permitted to make investments Investments in Unrestricted Subsidiaries in an aggregate amount not to exceed $25,000,000 (without regard to the FRD Investment) 40.0 million at any one time outstanding. The amount by which the aggregate of all Investments in Unrestricted Subsidiaries exceeds $25,000,000 (without regard to the FRD Investment) 40.0 million at any one time outstanding shall be counted in determining the aggregate permissible amount of Restricted Payments pursuant to clause (iiic) of the first paragraph under Section 4.7 hereof. The net amount of Investments in Unrestricted Subsidiaries that (i) exceeds $40.0 million shall be reduced by all Transfers from Unrestricted Subsidiaries to the Company and its Restricted Subsidiaries in accordance with clause (c)(ii) and the penultimate paragraph of Section 34.7 and (ii) is less than or equal to $40.0 million shall be reduced by the amount of all Transfers which would not be included in the Adjusted Consolidated Net Income of the Company. The Company will not permit any Unrestricted Subsidiary to become a Restricted Subsidiary, except in compliance with the last sentence of the definition of Unrestricted Subsidiary. Not later than the date of making any Investment described above, the Company shall deliver to the Trustee an Officers' Certificate stating that such Investment is permitted and setting forth the basis upon which the calculations required by this Section 4.13 were computed, which calculations may be based on the Company's latest available internal financial statements.

Investments in Unrestricted Subsidiaries. Each Issuer The Company shall not, and shall not permit any of its Subsidiaries Restricted Subsidiary to, directly or indirectly, make any Investment in any Unrestricted Subsidiary unless Subsidiary, if at the time of such Investment: (ia) a Default or Event of Default shall have occurred and be continuing or shall occur as a consequence thereof; (b) the amount of such Investment does not exceed exceeds the amount then permitted to be used to make a Restricted Payment Payments pursuant to clause (iiic) of the first paragraph of Section 3.9 and 4.7 hereof; or (iic) immediately after such Investment, Investment and after giving effect thereto on a pro forma basis deducting from Consolidated Net Income the amount of any Investment the Issuers and Subsidiaries of the Issuers have Company has made in an Unrestricted Subsidiaries Subsidiary during the four full fiscal quarters last preceding the date of such Investment, Advantica the Company would not be able permitted to incur at least $1.00 of additional Indebtedness pursuant to the Fixed Charge Coverage Ratio test set forth in first paragraph of Section 3.11(a4.9 hereof (without giving effect to clauses (i) through (xvii) of the second paragraph thereof). Notwithstanding clauses (ib) and or (iic) of this Section 3.17 paragraph or any other provision hereof to the contraryof this Indenture, the Issuers and their Subsidiaries Company shall be permitted to make investments Investments in Unrestricted Subsidiaries in an aggregate amount not to exceed $25,000,000 (without regard to the FRD Investment) 40.0 million at any one time outstanding. The amount by which the aggregate of all Investments in Unrestricted Subsidiaries exceeds $25,000,000 (without regard to the FRD Investment) 40.0 million at any one time outstanding shall be counted in determining the aggregate permissible amount of Restricted Payments pursuant to clause (iiic) of the first paragraph under Section 4.7 hereof. The net amount of Investments in Unrestricted Subsidiaries that (i) exceeds $40.0 million shall be reduced by all Transfers from Unrestricted Subsidiaries to the Company and its Restricted Subsidiaries in accordance with clause (c)(ii) of the first paragraph and the penultimate paragraph of Section 34.7 and (ii) is less than or equal to $40.0 million shall be reduced by the amount of all Transfers which would not be included in the Adjusted Consolidated Net Income of the Company. The Company will not permit any Unrestricted Subsidiary to become a Restricted Subsidiary, except in compliance with the last sentence of the definition of Unrestricted Subsidiary. Not later than the date of making any Investment described above, the Company shall deliver to the Trustee an Officers' Certificate stating that such Investment is permitted and setting forth the basis upon which the calculations required by this Section 4.13 were computed, which calculations may be based on the Company's latest available internal financial statements.

Investments in Unrestricted Subsidiaries. Each The Issuer shall will not, and shall will not permit any of its Subsidiaries to, directly or indirectly, make any Investment in any Unrestricted Subsidiary unless (i) the amount of such Investment does not exceed the amount then permitted to be used to make a Restricted Payment pursuant to clause (iii) of the first paragraph of Section 3.9 and (ii) immediately after such Investment, and after giving effect thereto on a pro forma basis deducting from Net Income the amount of any Investment the Issuers and Subsidiaries Issuer or any Subsidiary of the Issuers have Issuer has made in an Unrestricted Subsidiaries Subsidiary during the four full fiscal quarters last preceding the date of such Investment, Advantica the Issuer or any Subsidiary of the Issuer would be able to incur $1.00 1 of additional Indebtedness pursuant to the Fixed Charge Coverage Ratio test set forth in Section 3.11(a). Notwithstanding clauses clause (i) and (ii) of this Section 3.17 or any provision other provisions hereof to the contrary, the Issuers Issuer and their its Subsidiaries shall be permitted to make investments (i) the FRD Investment and (ii) Investments in other Unrestricted Subsidiaries in an aggregate amount not to exceed $25,000,000 75 million (without regard to the FRD Investment) at any one time outstanding. The amount by which the aggregate of all Investments in Unrestricted Subsidiaries exceeds $25,000,000 75 million (without regard to the FRD Investment) shall be counted in determining the aggregate permissible amount of Restricted Payments pursuant to clause (iii) of the first paragraph of Section 3.