Common use of Loans, Advances, Investments, Etc Clause in Contracts

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan Parties, in each case made in the ordinary course of business, (iii) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business not to exceed $500,000 in the aggregate at any time outstanding, (iv) obligations of officers and employees of any Loan Party in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligations) not to exceed $1,000,000 in the aggregate at any time outstanding, (v) investments constituting Permitted Acquisitions, (vi) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n).

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereofRestatement Effective Date, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are any Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan PartiesParty, in each case made in the ordinary course of business, (iii) investments in any Loan Party, (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances does not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan ‑83‑ Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent its Subsidiaries, (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsvii) not to exceed $1,000,000 investments resulting from Hedging Agreements entered into in the aggregate at any time outstandingordinary course of business, other than for speculative purposes, (v) investments constituting Permitted Acquisitions, (viviii) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viiiix) investments with respect to consisting of 612,207 MLP Common Units and 11,999,258 MLP Subordinated Units issued by the MLP to the extent required Borrower made on (I) on November 7, 2012 or (II) in connection with a Hedging Agreement required Disposition permitted under Section 5.02(n6.02(c)(ii)(G), and dividends and distributions with respect thereto, provided that the Lead Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any MLP Equity Interests, (x) investments consisting of promissory notes issued by the MLP or its subsidiaries to the Borrower in connection with a Disposition permitted under Section 6.02(c)(ii)(G), provided that the Lead Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any such promissory notes, and (xi) the Borrower’s loan to the Parent pursuant to the Parent Acquisition Note to enable the Parent to make the Alon Purchase.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contractcontract (the foregoing referred to herein as “Investments”), or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments Investments existing on the date hereof, as set forth on Schedule 7.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) temporary loans and advances by Borrowers the Borrower to its Subsidiaries for payroll and other operating expenses in the ordinary course of Borrowers which are Loan Parties business consistent with past practices and not exceeding (A) $1,700,000 in the aggregate during any month and (B) $17,000,000 in the aggregate during any Fiscal Year, (iii) temporary loans and advances by such. the Borrower’s Subsidiaries to other Subsidiaries which are Loan Parties, in each case Borrower made in the ordinary course of business, (iiiiv) loans and advances Permitted Investments, (v) Investments consisting of extensions of credit in the nature of accounts receivable, prepaid royalties or expenses or notes receivable arising from the sale of goods or rendition of services in the ordinary course of business, (vi) Investments received by Borrowers to employees for movingthe Borrower or any of its Subsidiaries in satisfaction or partial satisfaction of obligations owing from financially troubled Account Debtors (whether in connection with a foreclosure, entertainmentbankruptcy, travel workout or otherwise), (vii) deposits, prepayments and other similar expenses credits to suppliers made in the ordinary course of business not to exceed $500,000 in consistent with the aggregate at any time outstandingpast practices of the Borrower and its Subsidiaries, (ivviii) obligations of officers and employees of any Loan Party in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligations) not to exceed $1,000,000 in the aggregate at any time outstanding, (v) investments constituting Permitted Acquisitions, (vi) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted Investments acquired pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding.transactions permitted under Section 7.02(c), and (viiiix) investments with respect commission, entertainment, relocation, payroll, travel and similar advances to employees that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and to that are made in the extent required in connection with a Hedging Agreement required under Section 5.02(n)ordinary course of business.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are any Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan PartiesParty, in each case made in the ordinary course of business, (iii) investments in any Loan Party; (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances do not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent its Subsidiaries, (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsvii) not to exceed $1,000,000 investments resulting from Hedging Agreements entered into in the aggregate at any time outstandingordinary course of business, other than for speculative purposes, (v) investments constituting Permitted Acquisitions, (viviii) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viiiix) investments with respect to and consisting of MLP Equity Interests issued by the MLP to the extent required Borrower made (I) on the Third Amendment Effective Date or (II) in connection with a Hedging Agreement required Disposition permitted under Section 5.02(n6.02(c)(ii)(H), and dividends and distributions with respect thereto, provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any MLP Equity Interests, and (x) investments consisting of promissory notes issued by the MLP or its subsidiaries to the Borrower in connection with a Disposition permitted under Section 6.02(c)(ii)(H), provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any such promissory notes.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereofOriginal Effective Date, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are any Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan PartiesParty, in each case made in the ordinary course of business, (iii) investments in any Loan Party; (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances do not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent its Subsidiaries, (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsvii) not to exceed $1,000,000 investments resulting from Hedging Agreements entered into in the aggregate at any time outstandingordinary course of business, other than for speculative purposes, (v) investments constituting Permitted Acquisitions, (viviii) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viiiix) investments with respect to and consisting of MLP Equity Interests issued by the MLP to the extent required Borrower made (I) on November 7, 2012 or (II) in connection with a Hedging Agreement required Disposition permitted under Section 5.02(n6.02(c)(ii)(G), and dividends and distributions with respect thereto, provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any MLP Equity Interests, and (x) investments consisting of promissory notes issued by the MLP or its subsidiaries to the Borrower in connection with a Disposition permitted under Section 6.02(c)(ii)(G), provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any such promissory notes.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or otherwise invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereofthereof unless such increase or modification can be independently justified under the other provisions of this clause (e), (ii) loans and advances by Borrowers the Parent to its Subsidiaries of Borrowers which are Loan Parties and by such. such Subsidiaries to the Parent or any other Subsidiaries which are Subsidiary, made in the ordinary course of business and not exceeding in the aggregate at any one time outstanding $25,000, (iii) accounts receivables owing to any Loan PartiesParty, if created or acquired in each case made the ordinary course of business and payable or dischargeable in accordance with customary trade terms of such Loan Party, (iv) investments (including, without limitation, debt obligations) received in connection with the bankruptcy or reorganization of suppliers and customers and in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business, (iiiv) (x) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business not to exceed $500,000 in the aggregate at any time outstanding, (iv) obligations of respective officers and employees of any Loan Party in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no the aggregate principal amount thereof at any time outstanding does not exceed $100,000 and (y) advances to employees of any Loan Party for moving, relocation and travel expenses, drawing accounts and similar expenditures in the ordinary course of business so long as any such advances made pursuant to this clause (y) are ultimately expected to be treated as an expense which reduces Consolidated Net Income in accordance with GAAP, (vi) (x) cash is actually advanced or otherwise exchanged common equity contributions by the Parent to the capital of the Borrower and (y) cash common equity contributions by any Loan Party in connection with to the acquisition capital of such obligations) not to exceed $1,000,000 in the aggregate at any time outstandingtheir respective Subsidiaries which are Guarantors, (vvii) investments constituting Permitted AcquisitionsDispositions, (viviii) Permitted Investments, (viiix) other Hedging Agreements entered into in the ordinary course of business providing protection against fluctuations in interest rates and currency values in connection with the Borrower's or any of its Subsidiaries' operations so long as management of the Borrower or such loansSubsidiary, advancesas the case may be, guarantees has determined in good faith that the entering into of obligationssuch Hedging Agreements are bona fide hedging activities and are not for speculative purposes, extensions of credit, capital contributions, and (x) investments and commitments, in each in addition to those not otherwise permitted pursuant to foregoing by clauses (i) through and including (viix) of this clause (e) in an aggregate amount not to exceed $500,000 in the aggregate at any time outstanding150,000., and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n).

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers it to its Subsidiaries of Borrowers which are Loan Parties Guarantors and by such. Subsidiaries such Subsidiary Guarantors to it and other Subsidiaries which are Loan PartiesSubsidiary Guarantors, in each case made in the ordinary course of business, (iii) investments in any Subsidiary Guarantor; (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances do not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligations) not to exceed $1,000,000 in the aggregate at any time outstanding, (v) investments constituting Permitted Acquisitions, (vi) Permitted Investmentsits Subsidiaries, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 resulting from Hedging Agreements entered into in the aggregate at any time outstanding.ordinary course of business, other than for speculative purposes, and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n)Permitted Investments.