Common use of Investments; Indebtedness Clause in Contracts

Investments; Indebtedness. The Company shall not, and shall not permit any of its Subsidiaries to, or otherwise agree to, (i) make, any loans, advances or capital contributions to, or investments in, any other Person, other than (A) in the ordinary course of business not to exceed $2.5 million in the aggregate, or (B) loans or investments by the Company or a wholly owned Subsidiary of the Company to or in any wholly owned Subsidiary of the Company, (ii) incur, assume or modify any indebtedness for borrowed money, (iii) assume, guarantee, endorse or otherwise become liable or responsible (whether directly, contingently or otherwise) for the debt securities, indebtedness or other obligations of another Person (other than a guaranty by the Company or one of its Subsidiaries on behalf of the Company or one of its Subsidiaries), (iv) issue or sell any debt securities or warrants or other rights to acquire any debt securities of the Company or any of its Subsidiaries, (v) enter into any “keep well” or other agreement to maintain any financial statement condition of another Person other than any or the wholly owned Subsidiaries of the Company or (vii) enter into any arrangement having the economic effect of any of the foregoing.

Investments; Indebtedness. The Company shall not, and shall not permit any of its Subsidiaries Company Subsidiary to, or otherwise agree to, (i) make, make any loans, advances or capital contributions to, or investments in, any other Person, other than (A) in the ordinary course of business consistent with past practice not to exceed Five Million Dollars ($2.5 million 5,000,000) in the aggregate, aggregate or (B) loans or investments by the Company or a wholly owned Company Subsidiary of the Company to or in any wholly owned Subsidiary of the CompanyCompany Subsidiary, (ii) incur, assume assume, modify, redeem, cancel or modify repurchase any indebtedness for borrowed moneymoney borrowed, other than loans or investments by the Company or a wholly owned Company Subsidiary to or in any wholly owned Company Subsidiary, or issue any debt securities, (iii) assume, guarantee, endorse or otherwise become liable or responsible (whether directly, contingently or otherwise) for the debt securities, indebtedness or other obligations of another Person (other than a guaranty by the Company or one of its Subsidiaries a Company Subsidiary on behalf of the Company or one of its Subsidiariesa Company Subsidiary), (iv) issue or sell any debt securities or warrants or other rights to acquire any debt securities of the Company or any of its SubsidiariesCompany Subsidiary, (v) enter into any “keep well” or other agreement to maintain any financial statement condition of another Person other than any or the wholly owned Subsidiaries of the Company Subsidiary or (viivi) enter into any arrangement having the economic effect of any of the foregoing.;

Investments; Indebtedness. The Company shall not, and shall not permit any of its Subsidiaries to, or otherwise agree to, (i) make, make any loans, advances or capital contributions to, or investments in, any other Person, other than (A) in the ordinary course of business consistent with past practice not to exceed $2.5 million 250,000 in the aggregate, or (B) loans or investments by the Company or a wholly wholly-owned Subsidiary of the Company to or in any wholly wholly-owned Subsidiary of the Company, (ii) incur, assume assume, modify, redeem, cancel or modify repurchase any indebtedness for borrowed moneyor issue any debt securities, (iii) assume, guarantee, endorse or otherwise become liable or responsible (whether directly, contingently or otherwise) for the debt securities, indebtedness or other obligations of another Person (other than a guaranty by the Company or one of its Subsidiaries on behalf of the Company or one of its Subsidiaries), (iv) issue or sell any debt securities or warrants or other rights to acquire any debt securities of the Company or any of its Subsidiaries, (v) enter into any “keep well” or other agreement to maintain any financial statement condition of another Person other than any or of the wholly wholly-owned Subsidiaries of the Company or (viivi) enter into any arrangement having the economic effect of any of the foregoing.;

Investments; Indebtedness. The Company shall not, and shall not permit any of its Subsidiaries to, or otherwise agree to, to (i) make, make any loans, advances or capital contributions to, or investments in, any other Person, other than (A) in the ordinary course of business not to exceed $2.5 million in the aggregate, or (B) loans or investments by the Company or a wholly owned Subsidiary of the Company to or in the Company or any wholly owned Subsidiary of the Company, (B) in the ordinary course of business consistent with past practice which are not, individually or in the aggregate, material to the Company and its Subsidiaries taken together as a whole (provided that none of such transactions referred to in this clause (B) presents a material risk of making it more difficult to obtain any approval or authorization required in connection with the Merger under Regulatory Law) or (ii) incurexcept in the ordinary course consistent with past practice (after consultation with Parent's Chief Financial Officer), assume or modify incur any indebtedness for borrowed money, (iii) assume, guarantee, endorse money or otherwise become liable or responsible (whether directly, contingently or otherwise) for the debt securities, guarantee any such indebtedness or other obligations of another Person (other than a guaranty by the Company or one of its Subsidiaries on behalf of the Company or one of its Subsidiaries)Person, (iv) issue or sell any debt securities or warrants or other rights to acquire any debt securities of the Company or any of its Subsidiaries, (v) guarantee any debt securities of another Person, enter into any “"keep well” " or other agreement to maintain any financial statement condition of another Person (other than any or the wholly owned Subsidiaries of the Company Subsidiary) or (vii) enter into any arrangement having the economic effect of any of the foregoing.

Investments; Indebtedness. The Company shall not, and shall not permit any of its Subsidiaries to, or otherwise agree to, to (i) make, make any loans, advances or capital contributions to, or investments in, any other Person, other than (A) in the ordinary course of business not to exceed $2.5 million in the aggregate, or (B) loans or investments by the Company or a wholly owned Subsidiary of the Company to or in the Company or any wholly owned Subsidiary of the Company, (B) in the ordinary course of business consistent with past practice which are not, individually or in the aggregate, material to the Company and its Subsidiaries taken together as a whole (provided that none of such transactions referred to in this clause (B) presents a material risk of making it more difficult to obtain any approval or authorization required in connection with the Merger under Regulatory Law) or (ii) incurexcept in the ordinary course consistent with past practice (after consultation with Parent’s Chief Financial Officer), assume or modify incur any indebtedness for borrowed money, (iii) assume, guarantee, endorse money or otherwise become liable or responsible (whether directly, contingently or otherwise) for the debt securities, guarantee any such indebtedness or other obligations of another Person (other than a guaranty by the Company or one of its Subsidiaries on behalf of the Company or one of its Subsidiaries)Person, (iv) issue or sell any debt securities or warrants or other rights to acquire any debt securities of the Company or any of its Subsidiaries, (v) guarantee any debt securities of another Person, enter into any “keep well” or other agreement to maintain any financial statement condition of another Person (other than any or the wholly owned Subsidiaries of the Company Subsidiary) or (vii) enter into any arrangement having the economic effect of any of the foregoing.