Common use of Investments, Loans, Advances, Guarantees and Acquisitions Clause in Contracts

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and will not permit any of their 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 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”), 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, Guarantees and Acquisitions. The Borrowers Borrower will not, and nor will not it permit any of their Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Restricted Subsidiary prior to such merger) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations Indebtedness of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (any such purchase, holding, acquisition, loan, advance, Guarantee, investment or interest, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will notNeither Holdings nor the Borrower shall, and will not nor shall they permit any of their Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any all or substantially all the assets of any other Person constituting or of a business unit, division, product line or line of business of any other Person, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Restricted Subsidiaries to, to purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Wholly Owned Restricted Subsidiary prior to such merger) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any otherwise lend money to, Guarantee any obligations Indebtedness of, or make or permit to exist any investment or any other interest in, any other Person or provide other credit support (all including the foregoing being called “investments”), provision of letters of credit for the account of such Person) for any Person or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, line of business or division (each of the foregoing, an “Investment” and collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all other than Equity Interests exercisable or convertible into, or exchangeable for, Equity Interests of the foregoing being called “investments”Borrower and its Subsidiaries), or purchase or otherwise acquire (in one transaction or a series of transactions) any Person or any assets of any other Person constituting a business unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned (other than directors’ qualifying shares as required by law or shares held by nominees on behalf of the Borrower or any Subsidiary as required by law) Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations Indebtedness of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any Person or any assets of any other Person constituting a business unitunit (each, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will notNo Borrower shall, and will not nor shall it permit any of their Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Borrower and a Wholly-Owned Subsidiary that is a Restricted Subsidiary prior to such merger) any Equity Interests in or Stock, evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, exceptexcept for the following:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will shall not, and will not nor shall the Lead Borrower permit any of their Subsidiaries the other Credit Parties to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a wholly owned Subsidiary prior to such mergermerger or amalgamation) any Equity Interests in capital stock or other 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (each of the foregoing, exceptan “Investment”), except for:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all other than securities exercisable or convertible into, or exchangeable for, Equity Interests of the foregoing being called “investments”Borrower and each Subsidiary), or purchase or otherwise acquire (in one transaction or a series of transactions) any Person or any assets of any other Person constituting a business unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. (a) The Borrowers Borrower will not, and will not permit any of their its 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 Equity Interests in or 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 capital contributions or any loans or advances to, enter into undertake or permit to exist assume any Guarantee any obligations Contingent Obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)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, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, Table of Contents or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (each of the foregoing, an “Investment” and collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and nor will not it permit any of their Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Restricted Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (any of the foregoing, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will shall not, and will shall not permit any other member of their Subsidiaries the Borrower Affiliated Group 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 Equity Interests in or [capital stock]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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (each of the foregoing, exceptan “Investment”), except for:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and will not permit any Subsidiary of their Subsidiaries any Borrower to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Borrower and a wholly owned Subsidiary prior to such mergermerger or amalgamation) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and will not permit any of their Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Restricted Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any Person or any assets of any other Person constituting a business unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly wholly-owned Subsidiary (but for directors’ qualifying shares as required by law in the jurisdiction of organization of such Subsidiary) prior to such mergermerger or consolidation) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any Person or any assets of any other Person constituting a business unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will Except for shares owned as of the date hereof or acquired hereafter by the Lender, without the prior written consent of the Lender, the Company shall not, and will shall not permit any of their its 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 Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)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, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their Subsidiaries Restricted Subsidiary to, (x) purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Restricted Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or (y) purchase or otherwise acquire (in one transaction or a series of transactions) any all or substantially all the assets or business of any other Person or any assets constituting a business unit, line or division of such Person, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Wholly-Owned Subsidiary of the Borrower prior to such merger) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)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:except the following (it being understood that any of the foregoing which the Borrower or a Subsidiary is permitted hereby to acquire may be held by it):

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Parties will not, and will not permit any of their Restricted Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or permit to exist any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (each of the foregoing, an “Investment” and collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any of their its Subsidiaries to, (i) purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Subsidiary prior to such mergermerger or consolidation) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or (ii) purchase or otherwise acquire (in one transaction or a series of transactions) any Person or any assets of any other Person constituting a business unit, division or line of business of a Person (each of the foregoing transactions described in the foregoing clauses (i) and (ii), an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and nor will not they permit any of their Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly wholly-owned Restricted Subsidiary prior to such merger) any Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations Indebtedness of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unitunit (collectively, each an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. (a) The Borrowers will Borrower shall not, and will shall not permit any of their its Material Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to before such merger) any Equity Interests Interest in or evidences evidence of indebtedness or other securities security (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions loan or any loans or advances advance to, enter into or permit to exist any Guarantee any obligations obligation of, or make or permit to exist any investment or any other interest in, any other Person (all the foregoing being called “investments”)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, Guarantees and Acquisitions. The Borrowers No Borrower will, nor will not, and will not any Borrower permit any of their its Restricted Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Wholly Owned Restricted Subsidiary prior to such merger) any Equity Interests in or evidences of indebtedness Indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any capital contributions or any loans or advances to, enter into or permit to exist any otherwise lend money to, Guarantee any obligations Indebtedness of, or make or permit to exist any investment or any other interest in, any other Person, or provide other credit support (including the provision of letters of credit for the account of such Person) for any Person (all the foregoing being called “investments”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, line of business or division (each of the foregoing, an “Investment” and collectively, “Investments”), except: