Investments; Joint Ventures. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or own any Investment in any Person, including any Joint Venture, except: (i) Company and its Subsidiaries may make and own Investments in Cash Equivalents; (ii) Company and its Subsidiaries may (a) continue to own the Investments owned by them as of the Closing Date in any Subsidiaries of Company, (b) make and maintain Investments in any Subsidiary Guarantor from and after the Closing Date and (c) make Investments in Immaterial Subsidiaries from and after the Closing Date in an aggregate cumulative amount not to exceed $5,000,000; provided, however, that to the extent any such Immaterial Subsidiary becomes a Subsidiary Guarantor after or as a result of any such Investment under this clause (c), the amount of all Investments in such Immaterial Subsidiary pursuant to this subsection 7.3(ii) shall not then be counted towards the foregoing $5,000,000 limitation; (iii) Company and its Subsidiaries may make intercompany loans to the extent permitted under subsection 7.1(iv); (iv) Company and its Subsidiaries may make Consolidated Capital Expenditures permitted by subsection 7.8; (v) Company and its Subsidiaries may continue to own the Investments owned by them and described in Schedule 7.3 annexed hereto; and (vi) Company and its Subsidiaries may make and own other Investments in an aggregate amount not to exceed at any time $10,000,000.
Appears in 1 contract
Samples: Credit Agreement (Mitel Corp)
Investments; Joint Ventures. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or own any Investment in any Person, including any Joint Venture, except:
(i) Company and its Subsidiaries may make and own Investments in Cash Equivalents;
(ii) Company and its Subsidiaries may (a) continue to own the Investments owned by them as of the Closing Date in any Subsidiaries of Company, (b) make and maintain own additional Investments in any Subsidiary which is a Subsidiary Guarantor from and after at the Closing Date time each such additional Investment is made, and (c) make own Investments in Immaterial their respective Subsidiaries from and after the Closing Date in an aggregate cumulative amount not to exceed $5,000,000; provided, however, that to the extent any that such Immaterial Subsidiary becomes a Subsidiary Guarantor after or as a result Investments reflect an increase in the value of any such Investment under this clause (c), the amount of all Investments in such Immaterial Subsidiary pursuant to this subsection 7.3(ii) shall not then be counted towards the foregoing $5,000,000 limitationSubsidiaries;
(iiiii) Company and its Subsidiaries may make intercompany loans to the extent permitted under by subsection 7.1(iv7.1(v);
(iii) Company and its Subsidiaries may make and own Investments in Cash Equivalents;
(iv) Company and its Subsidiaries may make Consolidated Capital Expenditures permitted by subsection 7.87.6D;
(v) Company and its Subsidiaries may continue make and own Investments in Subsidiaries acquired pursuant to own acquisitions permitted pursuant to subsection 7.7(vii);
(vi) Company and its Subsidiaries may make Investments contemplated by the Investments owned by them DIMAC Acquisition Agreement and described the AmeriComm Acquisition Agreement;
(vii) Company and its Subsidiaries may make loans to officers of Holdings and its Subsidiaries in Schedule 7.3 annexed heretoan aggregate amount not to exceed $500,000 at any time; and
(viviii) Company and its Subsidiaries may make and own other Investments in an aggregate amount not to exceed at any time $10,000,0005,000,000; provided that the aggregate amount of such Investments in any Fiscal Year shall not exceed $2,500,000.
Appears in 1 contract
Samples: Credit Agreement (DMW Worldwide Inc)
Investments; Joint Ventures. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or own any Investment in any Person, including any Joint Venture, except:
(i) Company and its Subsidiaries may make and own Investments in Cash Equivalents;
(ii) Company and its Wholly Owned Subsidiary Guarantors may make and own Investments in each other and Investments in other Subsidiaries may (a) continue to own in connection with the Investments owned by them as Refinancing and other Subsidiaries of the Closing Date in any Subsidiaries of Company, (b) Company may make and maintain own Investments in the Company or any Wholly Owned Subsidiary Guarantor from and after the Closing Date and (c) make Investments in Immaterial Subsidiaries from and after the Closing Date in an aggregate cumulative amount not to exceed $5,000,000Guarantor; provided, however, that to the extent any such Immaterial Subsidiary becomes a Subsidiary Guarantor after or as a result of any such Investment under this clause (c), the amount of all Investments in such Immaterial Subsidiary pursuant to this subsection 7.3(ii) shall not then be counted towards the foregoing $5,000,000 limitation;154
(iii) Company and its Subsidiaries may make intercompany loans to the extent permitted under subsection 7.1(iv);
(iv) Company and its Subsidiaries may make Consolidated Capital Expenditures permitted by subsection 7.8;
(viv) Company and its Subsidiaries may continue to own the Investments owned by them and described in Schedule SCHEDULE 7.3 annexed heretohereto and extensions, renewals and replacements of any such Investments that do not increase the amount thereof;
(v) Company and its Subsidiaries may own promissory notes given in payment of the purchase price of assets purchased from Company and its Subsidiaries as permitted by subsection 7.7;
(vi) Company and Wholly Owned Subsidiary Guarantors may make Permitted Acquisitions permitted by subsection 7.7(v); and
(vivii) Company and its Subsidiaries may make and own other Investments in an aggregate amount not to exceed at any time $10,000,00025,000,000.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Lincoln Electric Holdings Inc)
Investments; Joint Ventures. Company Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or own any Investment in any Person, including any Joint Venture, except:
(i) Company Borrower and its Subsidiaries may make and own Investments in Cash Equivalents;
(ii) Company Borrower and its Subsidiaries may (a) continue to own the Investments owned by them as of the Closing Date in any Subsidiaries of Company, (b) make and maintain Investments in any Subsidiary Guarantor from and after the Closing Date and (c) make Investments in Immaterial Subsidiaries from and after the Closing Date in an aggregate cumulative amount not to exceed $5,000,000; provided, however, that to the extent any such Immaterial Subsidiary becomes a Subsidiary Guarantor after or as a result of any such Investment under this clause (c), the amount of all Investments in such Immaterial Subsidiary pursuant to this subsection 7.3(ii) shall not then be counted towards the foregoing $5,000,000 limitationBorrower;
(iii) Company Borrower and its Subsidiaries may make intercompany loans to the extent permitted under subsection 7.1(iv);
(iv) Company Borrower and its Subsidiaries may make Consolidated Capital Expenditures permitted by subsection 7.8;
(v) Company Borrower and its Subsidiaries may continue to own the Investments owned by them and described in Schedule 7.3 annexed hereto; and;
(vi) Company Borrower and its Subsidiaries may make prepayments in the ordinary course of business to vendors for Inventory to be delivered within 30 days following the date of such prepayment;
(vii) Borrower may make loans to its employees in an aggregate amount not to exceed $675,000, for the purpose of assisting its employees in the acquisition of certain common stock of Holdings;
(viii) Borrower and own its Subsidiaries may make Permitted Acquisitions; and
(ix) and Borrower and its Subsidiaries may make other Investments in an aggregate amount not to exceed at any time $10,000,000400,000.
Appears in 1 contract
Investments; Joint Ventures. Company Holdings shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or own any Investment in any Person, including any Joint Venture, except:
(i) Company Holdings and its Subsidiaries may make and own Investments in Cash Equivalents;
(ii) Company Holdings and its Subsidiaries may (a) continue to own the Investments owned by them as of the Closing Date in any Subsidiaries of Company, (b) make Holdings and maintain Investments in any Subsidiary Guarantor from and after newly formed, wholly owned Subsidiaries provided by the Closing Date and (c) make Investments in Immaterial Subsidiaries from and after the Closing Date in an aggregate cumulative amount not to exceed $5,000,000; provided, however, that to the extent any such Immaterial Subsidiary becomes a Subsidiary Guarantor after or as a result provisions of any such Investment under this clause (c), the amount of all Investments in such Immaterial Subsidiary pursuant to this subsection 7.3(ii) shall not then be counted towards the foregoing $5,000,000 limitation6.7 have been complied with;
(iii) Company Holdings and its Subsidiaries may make intercompany loans to the extent permitted under subsection 7.1(iv);
(iv) Company Holdings and its Subsidiaries may make Consolidated Capital Expenditures permitted by subsection 7.8;
(v) Company Holdings and its Subsidiaries may make Permitted Acquisitions;
(vi) Holdings and its Subsidiaries may continue to own the Investments owned by them as of the Closing Date and described in Schedule 7.3 annexed hereto;
(vii) Holdings and its Subsidiaries may make and own Investments consisting of notes received in connection with Assets Sales limited to 20% of the gross consideration for such assets in any Asset Sale;
(viii) Holdings and its Subsidiaries may make and own Investments in Permitted Joint Ventures to the extent the aggregate amount of such Investments does not exceed $25,000,000; and
(viix) Company Holdings and its Subsidiaries may make and own other Investments in an aggregate amount not to exceed at any time $10,000,0005,000,000.
Appears in 1 contract
Samples: Credit Agreement (Optel Inc)