Investments, Loans, Acquisitions, Etc. The Borrowers will not, and will not permit any of their Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly-owned Subsidiary prior to such merger), any Capital Stock, evidence of indebtedness or other securities (including any option, warrant, or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) all or substantially all of the assets or Capital Stock of a Person, or any assets of any other Person that constitute a business unit or division of any other Person, or create or form any Subsidiary (all of the foregoing being collectively called “Investments”), except:
(a) Investments (other than Permitted Investments) existing on the date hereof and set forth on Schedule 7.4 (including Investments in Subsidiaries);
(b) Permitted Investments;
(c) Guarantees constituting Indebtedness permitted by Section 7.1; provided, that the aggregate principal amount of Indebtedness of Restricted Subsidiaries that are not Subsidiary Loan Parties that is Guaranteed by any Loan Party shall be subject to the limitation set forth in clause (d) hereof;
(i) Investments made by the Borrowers in or to any Restricted Subsidiary and by any Restricted Subsidiary to the Borrowers or in or to another Restricted Subsidiary; provided, that the aggregate amount of Investments by Loan Parties in or to, and Guarantees by Loan Parties of Indebtedness of any Restricted Subsidiary that is not a Subsidiary Loan Party (including all such Investments and Guarantees existing on the Closing Date) shall not exceed $7,500,000 (or such greater amount agreed to by the Administrative Agent) at any time outstanding;
(ii) (x) the South Bay Guaranty and (y) Investments made by a Borrower or a Restricted Subsidiary in or to the Unrestricted Subsidiary so long as the aggregate amount of Investments by the Borrowers or any Restricted Subsidiary in the Unrestricted Subsidiary under this clause (y) shall not exceed $8,000,000 at any time outstanding (the “South Bay Investment”);
(e) loans or advances to employees, officers or directors of the Borrowers or any Restricted Subsidiary in the ordinary course of business for travel, relocation and related expenses and advances of payroll payments; provid...
Investments, Loans, Acquisitions, Etc. The Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or permit to exist any Investment or make any Acquisition, except that the Borrower and its Subsidiaries may permit to exist and, so long as no Default or Event of Default then exists or would be caused thereby, the Borrower and its Subsidiaries may make, any of the following Investments:
(a) Investments by the Borrower or Subsidiary Guarantors in the Borrower or the Subsidiary Guarantors or the creation by the Borrower or Subsidiary Guarantors of new direct or indirect wholly-owned Subsidiaries that become Subsidiary Guarantors in accordance with the provisions of Section 8.29 (Certain Obligations Respecting Subsidiaries);
(b) (i) Investments by a Subsidiary of the Borrower that is not a Subsidiary Guarantor in other Subsidiaries that are not Subsidiary Guarantors (and, to the extent provided for in Subsection 8.1.1(k), in Subsidiary Guarantors), and (ii) Acquisitions by Subsidiaries of the Borrower that are not Subsidiary Guarantors from Subsidiaries that are not Subsidiary Guarantors;
(c) Investments under Interest Rate Protection Agreements or other Swap Agreements entered into in the ordinary course of business for the purpose of minimizing risk and not for speculative purposes;
(d) Investments in marketable, direct obligations of the United States of America, its agencies and instrumentalities maturing within 365 days of the date of purchase;
(e) Investments in commercial paper issued by corporations, each of which shall have a net worth of at least $100 million and each of which conducts a substantial part of its business in the United States of America, maturing within 270 days from the date of the original issue thereof, and which at the time of acquisition has the highest rating by Xxxxx’x Investors Service, Inc. or Standard and Poor’s Corporation;
(f) Investments in bankers’ acceptances, and certificates of deposit maturing within 365 days of the date of purchase that are issued by, or time deposits maintained with, a commercial bank organized under the laws of the United States of America or any state thereof or any country that is a member of the Organization of Economic Cooperation and Development or a political subdivision of any such country, having capital, surplus and undivided profits totaling more than $100 million and that have the highest rating by Xxxxx’x Investors Service, Inc. or Standard and Poor’s Corporation;
(g) Investments in ...
Investments, Loans, Acquisitions, Etc obligations under the Loan Documents and Letters of Credit;
Investments, Loans, Acquisitions, Etc. The Borrowers shall not, and shall not permit any of their Subsidiaries to, directly or indirectly, make or permit to exist any Investment or make any Acquisition, except that the Borrowers and their Subsidiaries may permit to exist and, so long as no Default or Event of Default then exists or would be caused thereby, the Borrowers and their Subsidiaries may make, any of the following Investments:
(a) Investments by the U.S. Borrower or U.S. Subsidiary Guarantors in the U.S. Borrower or the U.S. Subsidiary Guarantors or the creation by the U.S. Borrower or U.S. Subsidiary Guarantors of new direct or indirect wholly-owned Subsidiaries that become U.S. Subsidiary Guarantors in accordance with the provisions of Section 8.27 (Certain Obligations Respecting Subsidiaries);
(b) Investments by the Canadian Borrower or Canadian Subsidiary Guarantors in the Canadian Borrower or the Canadian Subsidiary Guarantors or the creation by the Canadian Borrower or Canadian Subsidiary Guarantors of new direct or indirect wholly-owned Subsidiaries that become Canadian Subsidiary Guarantors in accordance with the provisions of Section 8.27 (Certain Obligations Respecting Subsidiaries);
(c) (i) Investments by a Subsidiary of a Borrower that is not a Subsidiary Guarantor in other Subsidiaries of the U.S. Borrower that are not Loan Parties (and, to the extent provided for in Subsection 8.1.1(l) or (m), in Subsidiary Guarantors), and (ii) Acquisitions by Subsidiaries of U.S. Borrower that are not Subsidiary Guarantors from Subsidiaries of the U.S. Borrower that are not Subsidiary Guarantors;
(d) Investments under Interest Rate Protection Agreements or other Swap Agreements entered into in the ordinary course of business for the purpose of minimizing risk and not for speculative purposes;
(e) Investments in marketable, direct obligations of the United States of America, its agencies and instrumentalities maturing within 365 days of the date of purchase;
(f) Investments in commercial paper issued by corporations, each of which shall have a net worth of at least $100 million and each of which conducts a substantial part of its business in the United States of America, maturing within 270 days from the date of the original issue thereof, and which at the time of acquisition has the highest rating by Xxxxx’x Investors Service, Inc. or Standard and Poor’s Corporation;
(g) Investments in bankers’ acceptances, and certificates of deposit maturing within 365 days of the date of purchase tha...
Investments, Loans, Acquisitions, Etc. At any time, purchase or otherwise acquire, hold or invest in the Stock of, or any other interest in, any Person, or make any loan or advance to, or enter into any arrangement for the purpose of providing funds or credit to, or make any other investment, whether by way of capital contribution or otherwise, in or with any Person including, without limitation, an Acquisition, or permit any of the Restricted Subsidiaries so to do, (all of which are sometimes referred to herein as "INVESTMENTS") except:
(a) Investments in short-term domestic and eurodollar certificates of deposit issued by any Lender, or any other commercial bank, trust company or national banking association incorporated under the laws of the United States or any State thereof and having undivided capital surplus and retained earnings exceeding $500,000,000;
(b) Investments in short-term direct obligations of the United States of America or agencies thereof which obligations are guaranteed by the United States of America;
(c) Investments existing on the Original Effective Date as set forth in Schedule 8.6;
(d) normal business banking accounts and short-term certificates of deposit and time deposits in, or issued by, federally insured institutions;
(e) Investments by any Borrower in its Subsidiaries and Investments by the Parent in the Restricted Subsidiaries, provided that (A) each such Investment shall be made as a demand loan, (B) such loan is evidenced by a promissory note which is delivered to the Escrow Agent or, if a security interest therein has been granted pursuant to a Collateral Document pursuant to Section 7.16, delivered to the Administrative Agent under the applicable Collateral Document or, if applicable under such Collateral Document to the Collateral Agent for the ratable benefit of the Administrative Agent, the Lenders, any Lender or affiliate of a Lender which has entered into an Interest Rate Protection Agreement with any Borrower and the USA Mobile Indenture Trustees, and (C) no Default or Event of Default shall exist immediately before or after giving effect thereto; and
(f) for the period during which either of the USA Mobile Indentures is in effect and has not been satisfied, defeased or discharged, any Investments by any Restricted Subsidiary in any other Restricted Subsidiary including, without limitation, the making of loans or advances to any Restricted Subsidiary and the making of payments in respect thereof, including, without limitation, the Parent Intercompany ...
Investments, Loans, Acquisitions, Etc. (Investments, Loans, Acquisitions, Etc.) of the Existing Credit Agreement is amended by (i) replacing existing clauses (c), (d) and (e) of such Section 8.3 (Investments, Loans, Acquisitions, Etc.) with the following:
Investments, Loans, Acquisitions, Etc. Except as set forth on Schedule 7.3 annexed hereto, the Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or permit to exist any Investment or make any Acquisition, whether in one transaction or in a series of transactions except that so long as no Default or Event of Default then exists or would be caused thereby, the Borrower and its Subsidiaries may purchase:
(a) Investments by the Borrower in its direct or indirect wholly-owned Subsidiaries or the creation by the Borrower of new direct or indirect wholly-owned Subsidiaries, subject to compliance with the provisions of Subsections 3.1.4 (Guaranty and Suretyship Agreements) and 3.
Investments, Loans, Acquisitions, Etc. Indebtedness of Subsidiaries of the Borrower that are not Subsidiary Guarantors to Subsidiaries of the Borrower that are not Subsidiary Guarantors;
Investments, Loans, Acquisitions, Etc. The Lessee will not, and will not permit any of its Consolidated Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a Wholly-Owned Subsidiary prior to such merger), any common stock, evidence of indebtedness or other securities (including any option, warrant, or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all of the foregoing being collectively called “Investments”; which term shall include all Restricted Investments but shall exclude all Acquisitions and shall exclude the rendition of services and provision of property or any charge therefor), or consummate any Acquisitions, except:
(a) Permitted Investments;
Investments, Loans, Acquisitions, Etc. (i) Make or enter into any Acquisition, (ii) make, permit or hold any Investments, or (iii) otherwise acquire or hold any Subsidiaries, other than:
(a) Investments in Subsidiaries of Borrower existing as of the Closing Date;
(b) Investments in Cash Equivalents;
(c) Investments in other instruments which have received and continue to be rated as Investment Grade;
(d) Investments received in settlement of Indebtedness created in the ordinary course of business or Investments in the form of loans to employees in the ordinary course of business;
(e) Intercompany Loans to the extent permitted by Section 7.01;
(f) Acquisitions, provided that:
