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

Loans, Investments, Guarantees, Etc. Borrower shall not, directly or indirectly, make any loans or advance money or property to any Person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock or indebtedness or all or a substantial part of the assets or property of any Person, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: short-term direct obligations of the United States Government, negotiable certificates of deposit issued by any bank satisfactory to Agent, payable to the order of Borrower or to bearer and delivered to Agent, and commercial paper rated A1 or P1; provided, that, as to any of the foregoing, unless waived in writing by Agent, Borrower shall take such actions as are deemed necessary by Agent to perfect the security interest of Agent in such investments; and (c) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10, Borrower shall not, directly or indirectly, amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and Borrower shall furnish to Agent all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be.

Loans, Investments, Guarantees, Etc. Borrower shall not, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock or indebtedness or all or a substantial part of the assets or property of any Person, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except:, (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: (i) short-term direct obligations of the United States Government, (ii) negotiable certificates of deposit issued by any bank satisfactory to AgentLender, payable to the order of the Borrower or to bearer and delivered to AgentLender, and (iii) commercial paper rated A1 or P1; provided, that, as to any of the foregoing, unless waived in writing by AgentLender, Borrower shall take such actions as are deemed necessary by Agent Lender to perfect the security interest of Agent Lender in such investments; investments and (c) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, (i) Borrower shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and (ii) Borrower shall furnish to Agent Lender all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be.

Loans, Investments, Guarantees, Etc. Borrower shall not, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock shares or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: short-term direct obligations of (i) cash deposited in accounts permitted under Section 9.15 and Cash Equivalents held in such accounts for a period not exceeding five (5) Business Days; and (ii) investments in cash and Cash Equivalents other than as permitted under Section 9.10(b)(i) provided that (a) there are no Loans outstanding at the United States Government, negotiable certificates of deposit issued by any bank satisfactory to Agent, payable to the order of Borrower or to bearer time such investments are made; and delivered to Agent, and commercial paper rated A1 or P1; provided, that, as to any of the foregoing, (b) unless waived in writing by Agent, Agent Borrower shall take such actions as are deemed necessary by Agent to perfect the security interest of Agent and Lenders in such investmentsinvestments and such investments are pledged and delivered to Agent upon Agent's request; and (c) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, (i) Borrower shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and (ii) Borrower shall furnish to Agent all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be; (d) unsecured guarantees of obligations of Borrower's account debtors to flooring plan providers relating to the sale of Inventory by Borrower in an amount not to exceed $2,500,000 individually outstanding at any time with respect to any account debtor or $10,000,000 outstanding at any time in the aggregate, (e) investments in connection with Hedging Obligations to the extent permitted under Sections 9.9(g) and 9.8(l), (f) obligations of Borrower to repurchase Inventory from flooring plan providers; provided that following the repurchase of Inventory pursuant to such obligations for an aggregate amount in excess of $5,000,000, no further such agreements will be entered into until such Inventory is sold for an aggregate amount at least equal to the aggregate purchase price paid by the Borrower upon such repurchase, (g) advances or deposits in connection with obligations under payroll administration plans, employee benefit programs, leases or credit card plans to the extent such advances and deposits are permitted under Section 9.8(f), (h) unsecured guarantees issued to credit card providers in a principal amount not to exceed $100,000 outstanding at any time, (i) advances or loans to employees or directors of Borrower in the ordinary course of business in a principal amount not to exceed the Canadian Dollar Amount of $500,000 in aggregate outstanding at any time, for necessary work-related travel or other ordinary expenses to be incurred by such employees or directors in connection with their work for Borrower; and necessary relocation expenses of such employees, (j) stock, debt and securities or other property received in connection with the bankruptcy or reorganization of, or in settlement of delinquent obligations of or disputes with Borrower's customers or suppliers provided, that, the original of any such stock or investment evidencing such obligations shall be promptly delivered to Agent, upon Agent's request, together with such stock power assignment or endorsement by Borrower as Agent may request; and (m) obligations of account debtors to Borrower arising from Accounts which are past due evidenced by a promissory note made by such account debtor payable to Borrower; provided, that, promptly upon the receipt of the original of any such promissory note by Borrower, such promissory note shall be endorsed to the order of Agent and the rateable benefit of Lenders, by Borrower and promptly delivered to Agent as so endorsed.

Loans, Investments, Guarantees, Etc. Borrower shall not, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) : the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: short-term direct obligations of the United States Government, negotiable certificates of deposit issued by any bank satisfactory to AgentLender, payable to the order of Borrower or to bearer and delivered to AgentLender, and commercial paper rated A1 or P1; provided, that, as to any of the foregoing, unless waived in writing by AgentLender, Borrower shall take such actions as are deemed necessary by Agent Lender to perfect the security interest of Agent Lender in such investments; investments and (c) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, Borrower shall not, directly or indirectly, amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and Borrower shall furnish to Agent Lender all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be.

Loans, Investments, Guarantees, Etc. No Borrower shall notshall, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock shares or indebtedness or for all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: : (a) the endorsement of instruments for collection or deposit in the ordinary course Ordinary Course of businessBusiness; (b) investments in: (i) short-term direct obligations of the United States US Government, (ii) negotiable certificates of deposit issued by any bank satisfactory to Agent, payable to the order of a Borrower or to bearer and delivered to Agent, and (iii) commercial paper rated A1 Al or P1Pl; provided, that, as to any of the foregoing, unless waived in writing by AgentRequired Lenders, Borrower the Borrowers shall take such actions as are deemed necessary by Agent Required Lenders to perfect the security interest of Agent in such investments; and (c) the loans, advances and guarantees set forth on Schedule 9.10 8.12 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, (i) no Borrower shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and Borrower (ii) the Borrowers shall furnish to Agent all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower it or on its behalf, promptly after the receipt thereof, or sent by Borrower it or on its behalf, concurrently with the sending thereof, as the case may be; (d) loans to SMTC Corporation and/or HTM not to exceed the amount, and to the extent such amount has not already been paid as dividends or loans to SMTC Corporation and/or HTM as provided, and for the purposes set forth, in Section 8.13 of this Agreement, required in any fiscal year of SMTC Corporation to allow (i) SMTC Corporation to pay its consolidated income taxes payable and (ii) SMTC Corporation and HTM to pay their respective administrative costs (being the legal and audit fees and insurance costs payable by SMTC Corporation on behalf of its Subsidiaries) consistent with past practice (as disclosed in writing to Agent prior to the Closing Date) up to US$2,500,000 in the aggregate per fiscal year of SMTC Corporation; (e) loans, advances, investments, purchases, repurchases, guarantees, assumptions, endorsements or responsibilities up to US$250,000 in the aggregate per fiscal year of SMTC Corporation, provided that (i) prior to any such action Total Excess Availability is greater than US$3,000,000 immediately after giving effect to such action or the average Total Excess Availability is greater than US$3,000,000 for the fifteen (15) days immediately preceding such action and (ii) any unused portion of such US$250,000 permitted amount may not be carried over to the next succeeding fiscal year of SMTC Corporation; (f) Agent and Lenders acknowledge that SMTC Corporation and its indirect subsidiary SMTC Asia Limited propose to enter into a joint venture agreement (a draft of which has been provided to Agent and marked “Draft (7): July 7, 2008”) with Alco Holdings Limited and its indirect subsidiary Commusonic Industries Limited pursuant to which the parties thereto will agree to jointly pursue the formation of a company to be located in Hong Kong and named SMTC Alco Limited with its objective being to establish and operate a manufacturing facility in Xxxxx An, Guangdong Province, People’s Republic of China and the Borrowers agree to cause SMTC Asia Limited to provide Agent with such guarantees, and first-ranking security over its property as Agent may request, together with applicable certificates, resolutions and opinions related thereto, all in form and substance satisfactory to Agent in its sole discretion, (g) advances, loans or extensions of credit with respect to the extension of commercial trade credit in connection with the sale of Inventory in the Ordinary Course of Business, (h) loans to another Borrower, (i) loans to employees and officer of Borrowers in an aggregate amount not to exceed $100,000 at any time.

Loans, Investments, Guarantees, Etc. Borrower shall notnot and shall not permit any of its Subsidiaries to, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock Capital Stock or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; , (b) investments in: short-term direct obligations of the United States Governmentin cash or Cash Equivalents, negotiable certificates of deposit issued by any bank satisfactory to Agent, payable to the order of Borrower or to bearer and delivered to Agent, and commercial paper rated A1 or P1; provided, that, no Loans are then outstanding, and as to any of the foregoing, unless waived in writing by AgentLender, Borrower shall take such actions as are deemed necessary by Agent Lender to perfect the security interest of Agent Lender in such investments; and , except, that, even if Loans are outstanding Borrower may invest in cash or Cash Equivalents on an overnight basis for cash management purposes; (c) the existing loans, advances and guarantees by Borrower outstanding as of the date hereof as set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, (i) Borrower shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, guarantee or set aside or otherwise deposit or invest any sums for such purpose, purpose and (ii) Borrower shall furnish to Agent Lender all notices notices, demands or demands other materials in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be; (d) loans or advances by Borrower to any of its employees, after the date hereof, or guaranties made by any Borrower of indebtedness or obligations of any of its employees not to exceed the principal amount of $500,000 in the aggregate at any time outstanding in the ordinary course of Borrower's business for reasonable and necessary work-related travel, moving, entertainment and other ordinary business expenses to be incurred by such employees in connection with their employment with such Borrower, provided, that, as of the date of any such loan or guarantee thereof by Borrower and after giving effect thereto, no Event of Default shall exist or have occurred and be continuing; (e) the guarantees by Party City Michigan of (i) the Obligations of Borrower in favor of Lender and (ii) the Indebtedness of Borrower in favor of the Franchise Noteholders and the Investors; (f) the existing equity investments of Borrower as of the date hereof in its Subsidiaries listed in the Information Certificate, provided, that, Borrower shall not have any obligation to make any other investment in or loans to, or other payments in respect of, any such Subsidiaries, except that the foregoing shall not be construed to prohibit loans and investments otherwise permitted in this Agreement; (g) investments consisting of the extension of trade credit by Borrower in the ordinary course of business not involving (i) the borrowing of money or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with the normal sales of goods and services; (h) purchases of Capital Stock permitted under Section 9.11(b) hereof.

Loans, Investments, Guarantees, Etc. Borrower shall not, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock Capital Stock or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; and (b) investments in: short-term direct obligations the existing loans, advances and guarantees by Borrower outstanding as of the United States Governmentdate hereof as set forth on Schedule 9.10 hereto; provided, negotiable certificates that, as to such loans, advances and guarantees, (i) Borrower shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire such guarantee or set aside or otherwise deposit issued or invest any sums for such purpose and (ii) Borrower shall furnish to Agent all notices, demands or other materials in connection with such loans, advances or guarantees either received by any bank satisfactory to Agent, payable to the order of Borrower or to bearer on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be; and delivered to Agent, and commercial paper rated A1 or P1(c) investments in a maximum aggregate amount of $2,000,000; provided, that, as to any of the foregoing, unless waived in writing by Agent, Borrower shall take such actions as are deemed necessary by Agent to perfect the security interest of Agent in such investments; and (c) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10, Borrower shall not, directly or indirectly, amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and Borrower shall furnish to Agent all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be.

Loans, Investments, Guarantees, Etc. No Borrower shall not, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: short-term (i) direct obligations of the United States Government, (ii) negotiable certificates of deposit issued by any bank satisfactory to AgentLender, payable to the order of such Borrower or to bearer and 25 31 delivered to AgentLender, and (iii) commercial paper rated A1 or P1; provided, that, as to any of the foregoing, unless waived in writing by AgentLender, the applicable Borrower shall take such actions as are deemed necessary by Agent Lender to perfect the security interest of Agent Lender in such investments; investments and (c) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10, (i) the applicable Borrower shall not, not directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and (ii) the applicable Borrower shall furnish to Agent Lender all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by such Borrower or on its behalf, promptly after the receipt thereof, or sent by such Borrower or on its behalf, concurrently with the sending thereof, as the case may be.

Loans, Investments, Guarantees, Etc. Borrower shall not, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock (except repurchases of Borrower's own shares as permitted in Section 9.11 hereof) or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: (i) short-term direct obligations of the United States Government, (ii) negotiable 38 certificates of deposit issued by any bank satisfactory to AgentLender, payable to the order of the Borrower or to bearer and delivered to AgentLender, and (iii) commercial paper rated A1 or P1; provided, that, as to any of the foregoing, unless waived in writing by AgentLender, Borrower shall take such actions as are deemed necessary by Agent Lender to perfect the security interest of Agent Lender in such investments; , (c) loans to employees of Borrower not exceeding $100,000 at any time outstanding in the aggregate, and (cd) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, (i) Borrower shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and (ii) Borrower shall furnish to Agent Lender all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be.

Loans, Investments, Guarantees, Etc. Borrower Guarantor shall not, directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: : (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: short-term direct obligations of the United States Government, negotiable certificates of deposit issued by any bank satisfactory to Agent, payable to the order of Borrower in cash or to bearer and delivered to Agent, and commercial paper rated A1 or P1Cash Equivalents; provided, that, as to any of the foregoing, unless waived in writing by AgentLender, Borrower such Guarantor shall take such actions as are deemed necessary by Agent Lender to perfect the security interest of Agent Lender in such investments; and , (c) the loans, advances and guarantees set forth on Schedule 9.10 heretothe Schedules to the Parent Loan Agreement; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, Borrower (i) Guarantor shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related relating thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and Borrower (ii) Guarantor shall furnish to Agent Lender all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower Guarantor or on its behalf, promptly after the receipt thereof, or sent by Borrower Guarantor or on its behalf, concurrently with the sending thereof, as the case may be, and (d) loans and advances not in excess of the amount of permitted under the Parent Loan Agreement; provided that, no such loan or advance shall be made to any Affiliate of Guarantor, except as permitted under the Parent Loan Agreement and (e) loans, advances and capital contributions to Borrower.

Loans, Investments, Guarantees, Etc. Borrower shall not, not directly or indirectly, make any loans or advance money or property to any Personperson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock shares or indebtedness or all or a substantial part of the assets or property of any Personperson, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in: (i) short-term direct obligations of the United States Canadian Government, (ii) negotiable certificates of deposit issued by any bank satisfactory to AgentLender, payable to the order of the Borrower or to bearer and delivered to Agentbearer, and (iii) commercial paper rated A1 or P1; provided, that, as to any of the foregoing, unless waived in writing by AgentLender, Borrower shall take such actions as are deemed necessary by Agent Lender to perfect the security interest of Agent Lender in such investments; and (c) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees set forth on Schedule 9.10guarantees, (i) Borrower shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and (ii) Borrower shall furnish to Agent Lender all notices or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by Borrower or on its behalf, promptly after the receipt thereof, or sent by Borrower or on its behalf, concurrently with the sending thereof, as the case may be.