Common use of Investments, Loans, Etc Clause in Contracts

Investments, Loans, Etc. Holdings will not, and will not permit any of its Restricted Subsidiaries 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 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, 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”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary, except: Investments (other than Permitted Investments) in Restricted Subsidiaries in existence on the Closing Date and other Investments existing on the Closing Date and set forth on Schedule 7.4; Permitted Investments; Permitted Acquisitions; Investments made by the Borrower in or to any Subsidiary Loan Party and by any Subsidiary Loan Party to the Borrower or in or to another Subsidiary Loan Party; loans or advances to employees, officers, stockholders or directors of the Borrower or any Restricted Subsidiary in the ordinary course of business; provided, however, that the aggregate amount of all such loans and advances does not exceed $2,000,000 at any time outstanding; loans to franchise operators and owners of franchises acquired or funded pursuant to the Loan Facility Agreement and the other credit facility agreements referenced in Section 7.1(f); Guarantees permitted under Section 7.1(f); the acquisition or ownership of stock, obligations or securities received in settlement of debts (created in the ordinary course of business) owing to any Subsidiary Loan Party or any of their Restricted Subsidiaries; loans to and other investments in Foreign Subsidiaries that are Restricted Subsidiaries; provided that, the aggregate amount of such outstanding loans to and investments in such Foreign Subsidiaries do not exceed the amount permitted under Section 7.1(i); Investments in investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the equivalent) or higher, at the time of acquisition thereof, from S&P or Xxxxx’x and in either case maturing within two years from the date of acquisition thereof in an aggregate amount not to exceed $100,000,000 at any time; other Investments (other than Investments in Unrestricted Subsidiaries); provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder; other Investments (other than Investments in Unrestricted Subsidiaries) not to exceed $50,000,000 at any time; and other Investments not to exceed, as of any date of determination, an amount equal to three percent (3.0%) of the aggregate book value of the total assets of Holdings, the Borrower and its Restricted Subsidiaries determined on a consolidated basis as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered; provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder.

Investments, Loans, Etc. Holdings will not, and will not permit any of its Restricted Subsidiaries 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 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, 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”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary, except: Investments (other than Permitted Investments) in Restricted Subsidiaries in existence on the Closing Effective Date and other Investments existing on the Closing Date and set forth on Schedule 7.48.4; Permitted Investments; Permitted Acquisitions; Investments made by the Borrower Sponsor in or to any Subsidiary Loan other Credit Party (other than Holdings) and by any Subsidiary Loan other Credit Party (other than Holdings) to the Borrower Sponsor or in or to another Subsidiary Loan PartyCredit Party (other than Holdings); loans or advances to employees, officers, directors or stockholders or directors of the Borrower Sponsor or any Restricted Subsidiary in the ordinary course of business; provided, however, that the aggregate amount of all such loans and advances does not exceed $2,000,000 at any time outstanding; loans to franchise operators and owners of franchises acquired or funded pursuant to the Loan Facility this Agreement and the other credit facility agreements referenced in Section 7.1(f8.1(g); Guarantees permitted under Section 7.1(f8.1(g); the acquisition or ownership of stock, obligations or securities received in settlement of debts (created in the ordinary course of business) owing to any Subsidiary Loan Party Guarantor or any of their Restricted Subsidiaries; loans to and other investments in Foreign Subsidiaries that are Restricted Subsidiaries; provided that, the aggregate amount of such outstanding loans to and investments in such Foreign Subsidiaries do not exceed the amount permitted under Section 7.1(i8.1(j); . Investments in investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the equivalent) or higher, at the time of acquisition thereof, from S&P or Xxxxx’x and in either case maturing within two years from the date of acquisition thereof in an aggregate amount not to exceed $100,000,000 at any time; other Investments (other than Investments in Unrestricted Subsidiaries); provided, that, (i) no Default Unmatured Credit Event or Credit Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower Sponsor and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI VII measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder; other Investments (other than Investments in Unrestricted Subsidiaries) not to exceed $50,000,000 at any time; and other Investments not to exceed, as of any date of determination, an amount equal to three percent (3.0%) of the aggregate book value of the total assets of Holdings, the Borrower Sponsor and its Restricted Subsidiaries determined on a consolidated basis as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered; provided, that, (i) no Default unmatured Credit Event or Credit Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower Sponsor and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI VII measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder.

Investments, Loans, Etc. Holdings The Borrower will not, and will not permit any of its 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 Capital Stockcommon 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, Guaranty 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”"), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary, except: (a) Investments (other than Permitted Investments) in Restricted Subsidiaries in existence on the Closing Date and other Investments existing on the Closing Date date hereof and set forth on Schedule 7.47.4 (including Investments in Subsidiaries); (b) Permitted Investments; Permitted Acquisitions(c) Guaranties constituting Indebtedness permitted by Section 7.1; (d) Investments made by the Borrower any Loan Party in or to any Subsidiary Loan Party and by any Subsidiary Loan Party to the Borrower or in or to another Subsidiary other Loan Party; (e) loans or advances to employees, officers, stockholders officers or directors of the Borrower or any Restricted Subsidiary in the ordinary course of business for travel, relocation and related expenses; (f) Hedging Agreements permitted by Section 7.10; (g) promissory notes issued to the Borrower as a part of the purchase price in connection with the sale of American Caf, Tia's or L&N Seafood; (h) Investments in franchise operators through the Franchise Partner Program; (i) Investments received in settlement of Indebtedness created in the ordinary course of business; (j) Investments in the stock or other assets of any other Person that is engaged in a business permitted by Section 7.3(b) that, as a result of such Investment, becomes a Subsidiary of Borrower (other than Hostile Acquisitions); provided, however, that the aggregate amount purchase price of all such loans and advances does Investments made pursuant to this subsection (j) shall not exceed $2,000,000 at any time outstanding; loans to franchise operators and owners ten percent (10%) of franchises acquired or funded pursuant to the Loan Facility Agreement and the other credit facility agreements referenced in Section 7.1(f); Guarantees permitted under Section 7.1(f); the acquisition or ownership Consolidated Net Worth of stock, obligations or securities received in settlement of debts (created in the ordinary course of business) owing to any Subsidiary Loan Party or any of their Restricted Subsidiaries; loans to and other investments in Foreign Subsidiaries that are Restricted Subsidiaries; provided that, the aggregate amount of such outstanding loans to and investments in such Foreign Subsidiaries do not exceed the amount permitted under Section 7.1(i); Investments in investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the equivalent) or higher, at the time of acquisition thereof, from S&P or Xxxxx’x and in either case maturing within two years from the date of acquisition thereof in an aggregate amount not to exceed $100,000,000 at any time; other Investments (other than Investments in Unrestricted Subsidiaries); provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of calculated on the last day of the most recently ended Fiscal Quarter for which financial statements are the Borrower has delivered, or is required to have been delivered hereunderdelivered, financial statements to the Lenders pursuant to this Agreement; other Investments and (other than k) Investments in Unrestricted Subsidiaries) not to exceed $50,000,000 at any time; and other Investments not to exceed, as of any date of determination, an amount equal to three percent (3.0%) common stock of the aggregate book value of the total assets of Holdings, the Borrower and its Restricted Subsidiaries determined on a consolidated basis as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered; provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder.extent permitted under Section 7.5. Section 7.5

Investments, Loans, Etc. Holdings will The Loan Parties shall not, and will shall not permit any of its Restricted their respective direct or indirect Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly-owned Restricted Wholly Owned Subsidiary prior to such merger), any Capital Stockcommon 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, guaranty 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”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary, except: Investments (other than Permitted Investments) in Restricted Subsidiaries in existence existing on the Closing Date date hereof and other set forth on Schedule 7.04 (including Investments in Subsidiaries), and any modification, replacement, renewal, reinvestment or extension thereof (provided that the amount of the original Investment is not increased except as otherwise permitted by this Section 7.04); Permitted Investments; Guarantees constituting Indebtedness permitted by Section 7.01 hereof; provided, that the aggregate principal amount of Indebtedness of Subsidiaries that are not Subsidiary Loan Parties that is guaranteed by any Loan Party, when taken together with the Indebtedness permitted by Section 7.01(d) and the aggregate amount of Investments by Loan Parties in or to any direct or indirect Subsidiary that is not a Subsidiary Loan Party (including all such Investments existing on the Closing Date and Date) permitted by the succeeding subparagraph (d), shall be subject to the limitation set forth on Schedule 7.4; Permitted Investments; Permitted Acquisitions; Investments made by the Borrower in or to any Subsidiary Loan Party and by any Subsidiary Loan Party to the Borrower or in or to another Subsidiary Loan Party; loans or advances to employees, officers, stockholders or directors of the Borrower or any Restricted Subsidiary in the ordinary course of business; provided, however, that the aggregate amount of all such loans and advances does not exceed $2,000,000 at any time outstanding; loans to franchise operators and owners of franchises acquired or funded pursuant to the Loan Facility Agreement and the other credit facility agreements referenced in Section 7.1(ffollowing subparagraph (d); Guarantees permitted under Section 7.1(f); the acquisition or ownership of stock, obligations or securities received in settlement of debts (created in the ordinary course of business) owing to any Subsidiary Loan Party or any of their Restricted Subsidiaries; loans to and other investments in Foreign Subsidiaries that are Restricted Subsidiaries; provided that, the aggregate amount of such outstanding loans to and investments in such Foreign Subsidiaries do not exceed the amount permitted under Section 7.1(i); Investments in investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the equivalent) or higher, at the time of acquisition thereof, from S&P or Xxxxx’x and in either case maturing within two years from the date of acquisition thereof in an aggregate amount not to exceed $100,000,000 at any time; other Investments (other than Investments in Unrestricted Subsidiaries); provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder; other Investments (other than Investments in Unrestricted Subsidiaries) not to exceed $50,000,000 at any time; and other Investments not to exceed, as of any date of determination, an amount equal to three percent (3.0%) of the aggregate book value of the total assets of Holdings, the Borrower and its Restricted Subsidiaries determined on a consolidated basis as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered; provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder.;

Investments, Loans, Etc. Holdings The Sponsor will not, and will not permit any of its Restricted Subsidiaries 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 Capital Stockcommon 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, 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”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary, except: Investments (other than Permitted Investments) in Restricted Subsidiaries in existence on the Closing Date and other Investments existing on the Closing Date date hereof and set forth on Schedule 7.48.4 (including Investments in Subsidiaries); Permitted Investments; Permitted Acquisitions; Investments made by the Borrower Sponsor in or to any Subsidiary Loan other Credit Party and by any Subsidiary Loan other Credit Party to the Borrower Sponsor or in or to another Subsidiary Loan Credit Party; loans or advances to employees, officers, directors or stockholders or directors of the Borrower Sponsor or any Restricted Subsidiary in the ordinary course of business; provided, however, that the aggregate amount of all such loans and advances does not exceed $2,000,000 350,000 at any time outstandingtime; loans to franchise operators and owners of franchises acquired or funded pursuant to the Loan Facility Agreement this Agreement; acquire and the other credit facility agreements referenced in Section 7.1(f); Guarantees permitted under Section 7.1(f); the acquisition or ownership of own stock, obligations or securities received in settlement of debts (created in the ordinary course of business) owing to any Subsidiary Loan Party Guarantor or any of their Restricted Subsidiaries; loans to and other investments in Foreign Subsidiaries that are Restricted Subsidiaries; provided that, to the aggregate amount of such outstanding loans to and investments in such Foreign Subsidiaries do not exceed the amount extent permitted under Section 7.1(i)8.1; Investments in investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the equivalent) or higher, at the time of acquisition thereof, from S&P or Xxxxx’x and in either case maturing within two years from the date of acquisition thereof in an aggregate amount not loans to exceed $100,000,000 at any time; other Investments (other than Investments in Unrestricted Subsidiaries); provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect franchise operators to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder; other Investments (other than Investments in Unrestricted Subsidiaries) not to exceed $50,000,000 at any timeextent permitted under Section 8.1; and other Investments not to exceed, as of exceed $10,000,000 at any date of determination, an amount equal to three percent (3.0%) of the aggregate book value of the total assets of Holdings, the Borrower and its Restricted Subsidiaries determined on a consolidated basis as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered; provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder.time;

Investments, Loans, Etc. Holdings The Borrower will not, and will not permit any of its Restricted Subsidiaries 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 Capital Stockcommon 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, 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”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary, except: Investments (other than Permitted Investments) in Restricted Subsidiaries in existence on the Closing Date and other Investments existing on the Closing Date date hereof and set forth on Schedule 7.47.4 (including Investments in Subsidiaries); Permitted Investments; Permitted Acquisitions; Investments made by the Borrower in or to any Subsidiary other Loan Party and by any Subsidiary other Loan Party to the Borrower or in or to another Subsidiary Loan Party; loans or advances to employees, officers, stockholders or directors of the Borrower or any Restricted Subsidiary in the ordinary course of business; provided, however, that the aggregate amount of all such loans and advances does not exceed $2,000,000 350,000 at any time outstandingtime; loans to franchise operators and owners of franchises acquired or funded pursuant to the Loan Facility Agreement Agreement; acquire and the other credit facility agreements referenced in Section 7.1(f); Guarantees permitted under Section 7.1(f); the acquisition or ownership of own stock, obligations or securities received in settlement of debts (created in the ordinary course of business) owing to any Subsidiary Loan Party or any of their Restricted Subsidiaries; loans to and other investments in Foreign Subsidiaries that are Restricted Subsidiaries; provided that, to the aggregate amount of such outstanding loans to and investments in such Foreign Subsidiaries do not exceed the amount extent permitted under Section 7.1(i)7.1; Investments in investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the equivalent) or higher, at the time of acquisition thereof, from S&P or Xxxxx’x and in either case maturing within two years from the date of acquisition thereof in an aggregate amount not loans to exceed $100,000,000 at any time; other Investments (other than Investments in Unrestricted Subsidiaries); provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect franchise operators to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder; other Investments (other than Investments in Unrestricted Subsidiaries) not to exceed $50,000,000 at any timeextent permitted under Section 7.1; and other Investments not to exceed, as of exceed $10,000,000 at any date of determination, an amount equal to three percent (3.0%) of the aggregate book value of the total assets of Holdings, the Borrower and its Restricted Subsidiaries determined on a consolidated basis as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered; provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder.time;

Investments, Loans, Etc. Holdings The Borrower will not, and will not permit the Parent or any of its Restricted the Subsidiaries of the Parent 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 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 (all of the foregoing being collectively called “Investments”)Person, or purchase or otherwise acquire (in one transaction or a series of transactions) all or substantially all of the assets of a Person, or any assets of any other Person that constitute a business unitunit or division of any other Person, or create or form any SubsidiarySubsidiary (all of the foregoing being collectively called "Investments"), except: Investments (other than Permitted Investments) in Restricted Subsidiaries in existence on the Closing Date and other Investments existing on the Closing Date date hereof and set forth on Schedule 7.47.4 (including Investments in Subsidiaries); Permitted Investments; Investments constituting Permitted Acquisitions, the Acquisition and the Specified Acquisition; Guarantees by the Parent and its Subsidiaries to the extent constituting Indebtedness permitted by ‎Section 7.1; provided, that the aggregate principal amount of Indebtedness of Subsidiaries that are not Subsidiary Loan Parties that is Guaranteed by any Loan Party shall be subject to the limitations set forth in clause (a) of this Section 7.4; Investments made by the Borrower Parent in or to any Subsidiary Loan Party of the Parent and by any Subsidiary Loan Party of the Parent to the Borrower Parent or in or to another Subsidiary Loan Party; loans or advances to employees, officers, stockholders or directors of the Borrower Parent; provided, that, after the Closing Date, 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 wholly-owned Subsidiary shall not exceed $1,000,000 at any time outstanding; Investments in trade receivables or received in connection with the bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; provided, however, that Investments consisting of deposit accounts maintained by the aggregate amount of all such loans Parent and advances does not exceed $2,000,000 at any time outstanding; loans to franchise operators and owners of franchises acquired or funded pursuant to the Loan Facility Agreement and the other credit facility agreements referenced in Section 7.1(f); Guarantees permitted under Section 7.1(f); the acquisition or ownership of stock, obligations or securities received in settlement of debts (created its Subsidiaries in the ordinary course of business) owing to any Subsidiary Loan Party business in connection with their cash management system; Investments consisting of non-cash consideration from a sale, assignment, transfer, lease, conveyance or any other disposition of their Restricted SubsidiariesProperty permitted by Section 7.6; loans Investments constituting contributions to and other investments payment of benefits by the Parent or its Subsidiaries under any Plan in Foreign Subsidiaries that are Restricted Subsidiaries; provided that, existence as of the aggregate amount of such outstanding loans to and investments Closing Date as required by the benefit commitments in such Foreign Subsidiaries do not exceed Plan as of the amount Closing Date; Hedging Transactions permitted under Section 7.1(i)by ‎Section 7.10; and Other Investments in investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the equivalent) or higher, at the time of acquisition thereof, from S&P or Xxxxx’x and addition to those permitted elsewhere in either case maturing within two years from the date of acquisition thereof this Section 7.4 in an aggregate amount not to exceed $100,000,000 5,000,000 at any time; other Investments (other than Investments in Unrestricted Subsidiaries); provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereunder; other Investments (other than Investments in Unrestricted Subsidiaries) not to exceed $50,000,000 at any time; and other Investments not to exceed, as of any date of determination, an amount equal to three percent (3.0%) of the aggregate book value of the total assets of Holdings, the Borrower and its Restricted Subsidiaries determined on a consolidated basis as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered; provided, that, (i) no Default or Event of Default has occurred and is continuing or would result therefrom and (ii) after giving effect to the payment thereof on a Pro Forma Basis, Holdings, the Borrower and its Restricted Subsidiaries would be in compliance with the financial covenants in Article VI measured as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered hereundertime outstanding.