Investments, Loans, Advances and Guarantees. The Borrower will not, and will not permit any other Loan Party to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary of Borrower or that is a Foreign Subsidiary prior to such merger) any Equity Interests in or evidences 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, except:
(a) investments existing on the date hereof and set forth on Schedule 6.04;
(b) Permitted Investments;
(c) loans or advances permitted under Section 6.01(a);
(d) loans or advances by the Borrower or any of its Subsidiaries to their respective employees in the ordinary course of business, not to exceed $250,000 in the aggregate at any one time outstanding;
(e) Accounts receivable owned by the Borrower or any of its Subsidiaries, if created in the ordinary course of business and payable or dischargeable in accordance with customary trade terms;
(f) Guarantees constituting Indebtedness permitted by Section 6.01; provided that a Subsidiary of Borrower shall not Guarantee any Subordinated Debt;
(g) investments received in connection with the bankruptcy or reorganization of, or settlement of delinquent Accounts and disputes with, customers and suppliers, in each case in the ordinary course of business;
(h) investments by any Domestic Subsidiary in Borrower or any other Domestic Subsidiary, investments by Borrower in any of its Domestic Subsidiaries and investments by any Foreign Subsidiary of Borrower in any other Foreign Subsidiary of Borrower;
(i) investments by Borrower or any of its Domestic Subsidiaries in any Foreign Subsidiary in an aggregate principal amount not to exceed $100,000 at any time outstanding; and
(j) other investments in an aggregate amount not to exceed an amount equal to five percent (5%) of the consolidated net worth of the Borrower and its Subsidiaries.
Investments, Loans, Advances and Guarantees. Purchase, hold or acquire any capital stock, evidences of Indebtedness or other securities of, make or permit to exist any loans or advances to, or make or permit to exist any investment or any other interest in, any other person, except:
(a) investments by Holdings and the Borrower existing on the date hereof and set forth on Schedule 6.04 or resulting from the Asset Purchase;
(b) investments by the Borrower or any Subsidiary in, and loans and advances by the Borrower or any Subsidiary to, the Borrower or any Domestic Subsidiary (other than a License Subsidiary) that is a Wholly Owned Subsidiary prior to the making of such investment, loan or advance, and investments by the Borrower or any Subsidiary in, and loans and advances by the Borrower or any Subsidiary to, the Borrower or any Foreign Subsidiary that is a Wholly Owned Subsidiary prior to the making of such investment, loan or advance; provided that such investments do not involve the transfer of any Collateral (other than cash) to any such Foreign Subsidiary;
(c) investments in joint ventures formed by the Borrower or a Subsidiary and one or more other persons, including joint ventures formed to develop, own and operate towers, antennae and similar structures to be used in the businesses of the Borrower or a Subsidiary and such other persons; provided that the aggregate amount of all such investments (other than such investments made under paragraph (l) below) existing at any time shall not exceed $20,000,000;
(d) investments by the Borrower or any Subsidiary in, and loans and advances by the Borrower or any Subsidiary to, the Network Company in an aggregate amount at any one time, net of returns of capital, not to exceed $55,000,000; provided that if at the time any such investment, loan or advance is made the Consolidated Leverage Ratio at the most recent fiscal quarter end shall have been greater than 4.50 to 1.00, such investment, loan or advance shall not be permitted if it would result in the aggregate amount of such investments, loans and advances, net of returns of capital, exceeding $40,000,000; and provided further that no such investment, loan or advance shall be made in or to the Network Company (i) if any Default shall exist at the time thereof or after giving effect thereto and (ii) unless prior to the making of any such investment, loan or advance the Borrower shall have delivered to the Administrative Agent calculations demonstrating pro forma compliance with the covenants contained...
Investments, Loans, Advances and Guarantees. The Borrower will not, and will not permit any of its Subsidiaries to make any loans or advances to, Guarantee any obligations of, or make any investment or any other interest in, any person that is not a Subsidiary, except that the Borrower or any Subsidiary may make loans or advances to, or investments or other interests in any person that is not a Subsidiary if at the time of the making of such loan, advance, investment or other interest the aggregate book value of assets (plus the aggregate amount of any non-cash write downs therein under FASB Accounting Standards Codification topics “Extractive Activities — Oil & Gas”, “Income Taxes”, “Intangibles — Goodwill and Other” and “Property, Plant and Equipment” (as successors to Statements of Financial Accounting Standards Nos. 19, 109, 142, and 144) (and any standards replacing, modifying or superceding any such Standard) after December 31, 2010, net of associate taxes) of the Borrower and its Subsidiaries on a consolidated basis (excluding investments in persons that are not Subsidiaries) exceeds $2,750,000,000.
Investments, Loans, Advances and Guarantees. The Borrower will not, and will not permit any other Loan Party to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary of Borrower or that is a Foreign Subsidiary prior to such merger) any Equity Interests in or evidences 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) any assets of any other Person constituting a business unit, except:
Investments, Loans, Advances and Guarantees. (a) The Borrower will not, and will not permit any of its Restricted Subsidiaries to, make any loans or advances to, Guarantee any obligations of, or make any investment or acquire any other interest in, any Unrestricted Subsidiaries except that (x) Like-Kind-Exchanges may be consummated, and (y) the Borrower or any Restricted Subsidiaries may make loans or advances to, or investments or other interests in Unrestricted Subsidiaries if at the time of the making of such loan, advance, investment or other interest (all such loans, advances, investments and other interests are collectively referred to in this Section 6.05 as “Investments”) (i) the aggregate amount of such Investments plus the aggregate amount of all Restricted Payments made during each fiscal year of the Borrower does not exceed $250,000,000, and (ii) at the time of any such Investment, and immediately after giving effect thereto, no Default shall have occurred and be continuing.
(b) No Restricted Subsidiary shall Guarantee Indebtedness of the Borrower unless it shall have previously or concurrently therewith Guaranteed the Obligations under the Loan Documents on at least an equal and ratable basis with such Guarantee of Indebtedness of the Borrower in accordance with Section 5.11 hereof.
Investments, Loans, Advances and Guarantees. Section 6.16 of the Agreement is hereby amended by (i) deleting the word “and” at the end of clause (h) thereof, (ii) deleting the period at the end of clause (i) thereof and substituting “; and” in lieu thereof and (iii) adding the following new clause (j) immediately following clause (i) thereof:
Investments, Loans, Advances and Guarantees. The Borrower shall not, and shall not permit any of its Subsidiaries to, purchase, hold, or acquire (including pursuant to any merger with any Person that was not a Subsidiary of the Borrower prior to such merger) any Equity Interests, evidences 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, or Guarantee any Debt of any other Person (any of the foregoing, an “Investment”), except:
(a) Investments by the Borrower and its Subsidiaries outstanding on the Effective Date;
(b) Investments by the Borrower in any of its Subsidiaries and Investments by any Subsidiary of the Borrower in another Subsidiary of the Borrower;
(c) Swap Agreements permitted under Section 6.5;
(d) Cash Equivalents;
(e) Guarantees of the obligations (other than Debt for borrowed money, unless such Debt is otherwise permitted under Section 6.1) of any Subsidiary of the Borrower;
(f) Investments made using the proceeds of the issuance of Equity Interests of the Borrower or capital contributions to the Borrower; and
(g) other Investments in an aggregate outstanding amount not to exceed (net of return on investment) $1,000,000.
Investments, Loans, Advances and Guarantees. The Borrower will not, and will not permit any of its Subsidiaries to, 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, except:
(i) Permitted Investments;
(ii) investments by the Borrower and its Subsidiaries existing on the date hereof in the capital stock of Subsidiaries;
(iii) investments, loans or advances by the Borrower in or to any Subsidiary and by any Subsidiary in or to the Borrower or any other Subsidiary;
(iv) investments made in any Person that, immediately after giving effect to such investment, is a Subsidiary;
(v) Guarantees constituting Indebtedness permitted by Section 6.1;
(vi) investments in Swap Agreements; and
(vii) investments, loans or advances that, together with all other investments, loans and advances permitted by this Section 6.4(vii) made during any fiscal year of the Borrower, do not exceed twenty percent (20%) of Consolidated Total Assets of the Borrower (determined at the time of making such investment, loan or advance by reference to the Borrower’s financial statements most recently delivered pursuant to Section 5.1(i) or 5.1(ii) or, if prior to the date of the delivery of the first financial statements to be delivered pursuant to Section 5.1(i) or 5.1(ii), the most recent financial statements referred to in Section 4.4(a)). For the avoidance of doubt, this Section 6.4 shall not place any restrictions upon the Borrower or any of its Subsidiaries effectuating mergers and acquisitions so long as, if the Borrower is a party to any such merger, the Borrower is the surviving entity of such merger
Investments, Loans, Advances and Guarantees. The Parent and the Borrower will not, and will not permit any Credit Party to, purchase, hold or acquire (including pursuant to any amalgamation with any Person that was not a wholly-owned subsidiary prior to such amalgamation) any Equity Securities, evidences 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, provide any Guarantee of 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) any assets of any other Person, except:
(a) Investments by a Credit Party in the Equity Securities of any other Credit Party, except the Parent;
(b) loans or advances made by the Parent to the Borrower or any Subsidiary, by the Borrower to any Subsidiary, or made by any Subsidiary to the Borrower or any other Subsidiary;
(c) Guarantees constituting Indebtedness permitted by Section 6.1;
(d) Investments in Unrestricted Subsidiaries held by the Credit Parties on the Effective Date, and a further Investment of up to $3,500,000 in Inukshuk Internet Inc. to the extent necessary to permit Inukshuk Internet Inc. to make required payments in accordance with the requirements of its MCS licenses, and to make certain payments to employees;
(e) Permitted Investments;
(f) the existing Investments made by the Credit Parties and listed in Schedule “B” hereto; and
(g) a further Investment of up to U.S.$500,000 in Argo II — The Wireless Internet Fund Limited Partnership. For greater certainty, except as set forth in Section 6.4(d), the Credit Parties will not make any further Investment in any Unrestricted Subsidiary after the Effective Date.
Investments, Loans, Advances and Guarantees. The Lessee will not, and will not permit any of its Restricted Subsidiaries to, purchase, hold or acquire any capital stock, evidences 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 Unrestricted Subsidiary, except that the Lessee or any of its Restricted Subsidiaries may (a) hold any such security, loan, Guarantee, investment or other interest in an Unrestricted Subsidiary that exists on the date of this Agreement, or (b) make or acquire any such security, loan, Guarantee, investment or other interest in an Unrestricted Subsidiary (based on the amount of cash or the fair market value of property originally transferred as consideration for such investments less the amount of cash or the fair market value of property received as a return on or repayment of such investments) (i) in an unlimited amount so long as the Leverage Ratio as of the last day of the most recently ended fiscal quarter of the Lessee for which financial statements have been delivered (and giving pro forma effect to any such security, loan, Guarantee, investment or interest (or, if made or acquired while such Unrestricted Subsidiary was designated a Restricted Subsidiary, then at the time of designation as an Unrestricted Subsidiary and immediately after giving effect thereto)) is less than 2.50 to 1.00, (ii) if the Leverage Ratio as of the last day of the most recently ended fiscal quarter of the Lessee for which financial statements have been delivered (and giving pro forma effect to any such security, loan, Guarantee, investment or interest (or, if made or acquired while such Unrestricted Subsidiary was designated a Restricted Subsidiary, then at the time of designation as an Unrestricted Subsidiary and immediately after giving effect thereto)) is greater than or equal to 2.50 to 1.00 but less than 3.00 to 1.00, in an amount not to exceed ten percent (10%) of Consolidated Tangible Assets (determined by reference to Consolidated Tangible Assets as of the last day of the most recently ended fiscal quarter of the Lessee for which financial statements have been delivered (or, if prior to the date of the delivery of the first financial statements to be delivered pursuant to Section 5.1(a) or (b), the most recent financial statements referred to in Section 4.1(l))) and (ii...
