Common use of Investments, Loans and Other Transactions Clause in Contracts

Investments, Loans and Other Transactions. Except as otherwise provided in this Agreement, none of the Borrowers will, and will permit any of its Subsidiaries to, (a) make, assume, acquire or continue to hold any investment in any real property (other than in connection with Permitted Acquisitions and unless used in connection with its business and treated as a Fixed or Capital Asset of any Borrower or any Subsidiary) or any Person, whether by stock purchase, capital contribution, acquisition of indebtedness of such Person or otherwise (including, without limitation, investments in any joint venture or partnership), (b) guaranty or otherwise become contingently liable for the indebtedness, liabilities and other obligations of any Person, or (c) make any loans or advances, or otherwise extend credit to any Person, except:

Investments, Loans and Other Transactions. Except as otherwise provided in this Agreement, none of the Borrowers willBorrower will not, and will not permit any of its Subsidiaries to, (a) make, assume, acquire or continue to hold any investment in any real property (other than in connection with Permitted Acquisitions and unless used in connection with its business and treated as a Fixed or Capital Asset of any the Borrower or any the Subsidiary) or any Person, whether by stock purchase, capital contribution, acquisition of indebtedness of such 32 FY'00 Financing Agreement.doc February 18,20007:59 AM Person or otherwise (including, without limitation, investments in any joint venture or partnership), (b) guaranty or otherwise become contingently liable for the indebtedness, liabilities and other indebtedness or obligations of any Person, or (c) make any loans or advances, or otherwise extend credit to any Person, except:

Investments, Loans and Other Transactions. Except in connection with any Permitted Acquisitions and as otherwise provided in this Agreement, none of the Borrowers willBorrower will not, and will not permit any of its Subsidiaries to, (a) make, assume, acquire or continue to hold any investment in any real property (other than in connection with Permitted Acquisitions and unless used in connection with its business and treated as a Fixed or Capital Asset of any Borrower or any the Subsidiary) or any Person, whether by stock purchase, capital contribution, acquisition of indebtedness of such Person or otherwise (including, without limitation, investments in any joint venture or partnership), (b) guaranty or otherwise become contingently liable for the indebtedness, liabilities and other Indebtedness or obligations of any Person, or (c) make any loans or advances, or otherwise extend credit to any Person, except:

Investments, Loans and Other Transactions. Except as otherwise provided in this Agreement, none of the Borrowers willBorrower will not, and will not permit any of its Subsidiaries to, (a) except pursuant to an Approved Acquisition, make, assume, acquire or continue to hold any investment in any real property (other than in connection with Permitted Acquisitions and unless used in connection with its business and treated as a Fixed or Capital Asset of any the Borrower or any the Subsidiary) or any Person, whether by stock purchase, capital contribution, acquisition of indebtedness of such Person or otherwise (including, without limitation, investments in any joint venture or partnership), (b) guaranty or otherwise become contingently liable for the indebtedness, liabilities and or other obligations of any Person, or (c) make any loans or advances, or otherwise extend credit to any Person, except: