Common use of Limitations on Unrestricted Subsidiaries Clause in Contracts

Limitations on Unrestricted Subsidiaries. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, the Company will not make, and will not permit its Subsidiaries to make, an Investment in Unrestricted Subsidiaries if, at the time thereof, the aggregate amount of such Investments would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 10.9. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, any Investment in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (i) must be permitted to be made pursuant to Section 10.9 and will be treated as a Restricted Payment in calculating the amount of Restricted Payments made by the Company under such Section, and (ii) may be made in cash or property.

Appears in 2 contracts

Samples: Di Giorgio Corp, Di Giorgio Corp

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Limitations on Unrestricted Subsidiaries. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, the The Company will not make, and will not permit its Subsidiaries to make, an Investment in Unrestricted Subsidiaries ifunless, at the time thereof, (a) the aggregate amount of such Investments would not exceed the amount of Restricted Payments then permitted to be made pursuant to the provisions of Section 10.910.9 or (b) such Investment is a Permitted Investment. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, any Investment in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (i) must be permitted to be made pursuant to the provisions of Section 10.9 and will be treated as a Restricted Payment in calculating the amount of Restricted Payments made by the Company under such SectionCompany, and (ii) may be made in cash or property.. 117

Appears in 1 contract

Samples: Indenture (Bally Total Fitness Holding Corp)

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Limitations on Unrestricted Subsidiaries. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, the The Company will not make, and will not permit its Subsidiaries to make, an Investment in Unrestricted Subsidiaries ifunless, at the time thereof, (a) the aggregate amount of such Investments would not exceed the amount of Restricted Payments then permitted to be made pursuant to the provisions of Section 10.910.9 or (b) such Investment is a Permitted Investment. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, any Investment in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (i) must be permitted to be made pursuant to the provisions of Section 10.9 and will be treated as a Restricted Payment in calculating the amount of Restricted Payments made by the Company under such SectionCompany, and (ii) may be made in cash or property.

Appears in 1 contract

Samples: Bally Total Fitness Holding Corp

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