LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- remain outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e)), in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that Borrower and its Subsidiaries may: (i) own, purchase or acquire certificates of deposit issued by Bank, or any other commercial bank having combined assets in excess of $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banks, commercial paper issued by issuers rated Moody's P-1, corporate bonds issued by issuers rated Moody's A or better, municipal bonds rated Xxxxx'x XX or better, direct obligations of the United States of America or its agencies, obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing; (ii) continue to own the existing capital stock of Borrower's Subsidiaries ; (iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business; (iv) allow Borrower and Borrower's Subsidiaries to make or permit to remain outstanding advances from Borrower's Subsidiaries to Borrower, or visa versa; (v) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholders, in an aggregate amount for all such loans, advances and guarantees not exceeding $5,000,000 outstanding at any one time; (vi) continue to own those investments existing on the date of this Agreement that are described on Schedule 6.2(g)(vi); ------------------- (vii) make the Permitted Acquisitions; and (viii) make additional investments in an aggregate amount not to exceed $25,000,000.
Appears in 1 contract
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- remain outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e))indirectly, in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that Borrower the Borrower, EIG and its their respective Subsidiaries may:
(i) own, purchase or acquire certificates time deposits and certificate of deposit issued by Bank, a bank or trust company organized under the laws of the United States of America or any other commercial bank having state thereof that has combined assets in excess capital and surplus of at least $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banks500,000,000, commercial paper issued by issuers rated Standard & Poor's A-1 or Moody's P-1, corporate bonds issued by issuers rated P-1 or better or with a split rating so long as the lower rating is not below Standard & Poor's A-2 or Moody's A or betterP-2, municipal bonds rated Xxxxx'x XX Standard & Poor's AA or Moody's Aa or better, direct obligations obxxxxxxxxx of the United States of America or its agencies, and obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of the Borrower's or EIG's Subsidiaries and create (or, in connection with a Permitted Acquisition, acquire) new Subsidiaries, provided that such new Subsidiary shall execute and deliver such guaranties and security agreements with respect to the obligations of Borrower hereunder as Bank shall require;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and the Borrower's or EIG's Subsidiaries to make or permit to remain outstanding advances from the Borrower's or EIG's Subsidiaries to Borrower, the Borrower or visa versaEIG;
(v) make or permit to remain outstanding loans or advances to the Borrower's or EIG's Subsidiaries, provided the Subsidiary receiving any such loan or advance is a Subsidiary Guarantor;
(vi) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholders, in an aggregate amount for all such loans, advances and guarantees not exceeding Five Hundred Thousand Dollars ($5,000,000 500,000) outstanding at any one time;
(vi) continue to own those investments existing on the date of this Agreement that are described on Schedule 6.2(g)(vi); -------------------
(vii) make purchase or acquire all the capital stock of another Person in connection with a Permitted AcquisitionsAcquisition; and
(viii) make additional investments incur prepaid expenses in an aggregate amount not to exceed $25,000,000the ordinary course of business.
Appears in 1 contract
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- remain outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e))indirectly, in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that Borrower the Borrower, EIG and its their respective Subsidiaries may:
(i) own, purchase or acquire certificates time deposits and certificate of deposit issued by Bank, a bank or trust company organized under the laws of the United States of America or any other commercial bank having state thereof that has combined assets in excess capital and surplus of at least $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banks500,000,000, commercial paper issued by issuers rated Standard & Poor's A-1 or Moody's P-1, corporate bonds issued by issuers rated P-1 or better or with a split rating so long as the lower rating is not below Standard & Poor's A-2 or Moody's A or betterP-2, municipal bonds rated Xxxxx'x XX Standard & Poor's AA or Moodx'x Xx xx better, direct obligations of the United States of America or its agencies, and obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of the Borrower's or EIG's Subsidiaries and create (or, in connection with a Permitted Acquisition, acquire) new Subsidiaries, provided that such new Subsidiary shall execute and deliver such guaranties and security agreements with respect to the obligations of Borrower hereunder as Bank shall require;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and the Borrower's or EIG's Subsidiaries to make or permit to remain outstanding advances from the Borrower's or EIG's Subsidiaries to Borrower, the Borrower or visa versaEIG;
(v) make or permit to remain outstanding loans or advances to the Borrower's or EIG's Subsidiaries, provided the Subsidiary receiving any such loan or advance is a Subsidiary Guarantor;
(vi) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholders, in an aggregate amount for all such loans, advances and guarantees not exceeding Five Hundred Thousand Dollars ($5,000,000 500,000) outstanding at any one time;
(vi) continue to own those investments existing on the date of this Agreement that are described on Schedule 6.2(g)(vi); -------------------
(vii) make purchase or acquire all the capital stock of another Person in connection with a Permitted AcquisitionsAcquisition; and
(viii) make additional investments incur prepaid expenses in an aggregate amount not to exceed $25,000,000the ordinary course of business.
Appears in 1 contract
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- remain ----------------------------------------- outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e))indirectly, in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that the Borrower and its Subsidiaries may:
(i) own, purchase or acquire certificates of deposit issued by Bank, or any other commercial bank having combined assets in excess of $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banksa bank, commercial paper issued by issuers rated Moody's P-1, corporate bonds issued by issuers rated Moody's A or better, municipal bonds rated Xxxxx'x XX or better, direct obligations of the United States of America or its agencies, and obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of the Borrower's Subsidiaries Subsidiaries;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and Borrower's Subsidiaries to make or permit to remain outstanding loans or advances from Borrower's Subsidiaries to BorrowerSouthwest; provided, however, that any such outstanding loans or visa versa;advances -------- ------- by Borrower to Southwest shall be evidenced by negotiable promissory notes, in form and substance satisfactory to Bank, and which notes shall provide for the assignment thereof to the Bank as collateral security for the repayment of the Loans and any other obligations of the Borrower hereunder upon the demand of the Bank; and
(v) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or affiliates or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholdersshareholders or affiliates, in an aggregate amount for all such loans, advances and guarantees not exceeding $5,000,000 100,000 in addition to the loans outstanding at any one time;
(vi) continue to own those investments existing and reflected on the date of this Agreement that are described on Schedule 6.2(g)(vi); -------------------
(vii) make the Permitted Acquisitions; and
(viii) make additional investments in an aggregate amount not to exceed $25,000,000Borrower's financial statements dated September 30, 1997.
Appears in 1 contract
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- remain outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e)6.2(d), in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that Borrower and its Subsidiaries may:
(i) own, purchase or acquire certificates of deposit issued by Bank, BOA, or any other commercial bank having combined assets in excess of $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banks, commercial paper issued by issuers rated Moody's P-1, corporate bonds issued by issuers rated Moody's A or better, municipal bonds rated Xxxxx'x XX Moody's AA or better, direct obligations of the United States of America Staxxx xx Xxxrica or its agencies, obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of Borrower's Subsidiaries ;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and Borrower's Subsidiaries to make or permit to remain outstanding advances from Borrower's Subsidiaries to Borrower, or visa versa;
(v) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholders, in an aggregate amount for all such loans, advances and guarantees not exceeding $5,000,000 1,000,000 outstanding at any one time;
(vi) continue to own those investments existing on the date of this Agreement that are described on Schedule 6.2(g)(viSCHEDULE 6.2(F)(VI); -------------------;
(vii) make the Permitted Acquisitions; and
(viii) make additional investments in an aggregate amount not to exceed $25,000,0005,000,000.
Appears in 1 contract
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- remain ----------------------------------------- outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e))indirectly, in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that the Borrower and its Subsidiaries may:
(i) own, purchase or acquire certificates of deposit issued by Bank, or any other commercial bank having combined assets in excess of $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banksa bank, commercial paper issued by issuers rated Moody's P-1, corporate bonds issued by issuers rated Moody's A or better, municipal bonds rated Xxxxx'x XX or better, direct obligations of the United States of America or its agencies, and obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of the Borrower's Subsidiaries and make new purchases of the capital stock of other entities as long as such new investments do not exceed in the aggregate Five Million Dollars ($5,000,000) outstanding at any one time, without the Bank's prior written approval;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and the Borrower's wholly-owned Subsidiaries to make or permit to remain outstanding advances from the Borrower's wholly-owned Subsidiaries to the Borrower, or visa versa;
(v) make or permit to remain outstanding loans or advances to the Borrower's wholly-owned Subsidiaries or enter into or permit to remain outstanding guarantees in connection with the obligations of the Borrower's wholly-owned Subsidiaries; provided, however, that any outstanding loans or -------- ------- advances by Borrower to its wholly-owned Subsidiaries shall be evidenced by negotiable promissory notes, in form and substance satisfactory to Bank, and which notes shall provide for the assignment thereof to the Bank as collateral security for the repayment of the Loans and any other obligations of the Borrower hereunder upon the demand of the Bank;
(vi) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or affiliates or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholdersshareholders or affiliates, in an aggregate amount for all such loans, advances and guarantees not exceeding $5,000,000 100,000 in addition to the loans outstanding at any one time;
(vi) continue to own those investments existing and reflected on the date of this Agreement that are described on Schedule 6.2(g)(vi); -------------------Borrower's financial statements dated September 30, 1997;
(vii) make guaranty the Permitted Acquisitionsindebtedness of Suburban under the Suburban Loan Documents;
(viii) guaranty the indebtedness of Suburban under that certain Amended and Restated Credit Agreement between Suburban and Xxxxx Fargo dated as of the date hereof in a maximum amount at any one time not to exceed $4,000,000 for principal, plus all interest thereon and costs and expenses pertaining to the enforcement of the guaranty and/or the collection of such Debt; and
(viiiix) make additional investments guaranty the unsecured bank indebtedness of NMUI in an aggregate a maximum amount at any one time not to exceed $25,000,0004,000,000 for principal, plus all interest thereon and all costs and expenses pertaining to the enforcement of the guaranty and/or the collection of such indebtedness.
Appears in 1 contract
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit ----------------------------------------- to ---------------------------------------------- remain outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e))indirectly, in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that Borrower and its Subsidiaries may:
(i) own, purchase or acquire certificates of deposit issued by Bank, or any other commercial bank having combined assets in excess of $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banks, commercial paper issued by issuers rated Moody's P-1, corporate bonds issued by issuers rated Moody's A or better, municipal bonds rated Xxxxx'x XX or better, direct obligations of the United States of America or its agencies, obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of Borrower's Subsidiaries ;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and Borrower's Subsidiaries to make or permit to remain outstanding advances from Borrower's Subsidiaries to Borrower, or visa versa;
(v) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholders, in an aggregate amount for all such loans, advances and guarantees not exceeding $5,000,000 outstanding at any one time, collectively among the Borrower and its Subsidiaries, in excess of Two Hundred Fifty Thousand Dollars ($250,000) (except that during the period from the date hereof through March 26, 1999 such aggregate amount outstanding at any time, collectively among the Borrower and its Subsidiaries, shall not exceed One Million Dollars ($1,000,000)), except that the Borrower and its Subsidiaries may, without limitation as to the dollar amount of any such transactions:
(i) own, purchase or acquire certificates of deposit issued by the Bank, commercial paper rated Moody's P-1, municipal bonds rated Xxxxx'x XX or better, direct obligations of the United States of America or its agencies, and obligations guaranteed by the United States of America;
(viii) continue to own those investments the existing on capital stock of the date of this Agreement that are described on Schedule 6.2(g)(vi); -------------------Borrower's Subsidiaries;
(viiiii) make endorse negotiable instruments for deposit or collection or similar transactions in the Permitted Acquisitionsordinary course of business; and
(viiiiv) allow the Borrower's Subsidiaries to make additional investments in an aggregate amount not or permit to exceed $25,000,000remain outstanding advances from the Borrower's Subsidiaries to the Borrower."
Appears in 1 contract
Samples: Credit Agreement (Keystone Automotive Industries Inc)
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- remain ----------------------------------------- outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e))indirectly, in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that the Borrower and its Subsidiaries may:
(i) own, purchase or acquire certificates of deposit issued by Bank, or any other commercial bank having combined assets in excess of $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banksa bank, commercial paper issued by issuers rated Moody's P-1, corporate bonds issued by issuers rated Moody's A or better, municipal bonds rated Xxxxx'x XX or better, direct obligations of the United States of America or its agencies, and obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of the Borrower's Subsidiaries Subsidiaries;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and Borrower's Subsidiaries to make or permit to remain outstanding loans or advances from Borrower's Subsidiaries to BorrowerSouthwest; provided, however, that any such outstanding loans or visa versa;advances -------- ------- by Borrower to Southwest shall be evidenced by negotiable promissory notes, in form and substance satisfactory to Bank, and which notes shall provide for the assignment thereof to the Bank as collateral security for the repayment of the Loans and any other obligations of the Borrower hereunder upon the demand of the Bank; and
(v) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or affiliates or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholdersshareholders or affiliates, in an aggregate amount for all such loans, advances and guarantees not exceeding $5,000,000 100,000 in addition to the loans outstanding at any one time;
(vi) continue to own those investments existing and reflected on the date of this Agreement that are described on Schedule 6.2(g)(vi); -------------------
(vii) make the Permitted Acquisitions; and
(viii) make additional investments in an aggregate amount not to exceed $25,000,000Borrower's financial statement dated September 30, 1997.
Appears in 1 contract
LOANS, INVESTMENTS, SECONDARY LIABILITIES. Make or permit to ---------------------------------------------- ----------------------------------------- remain outstanding, or permit any Subsidiary to make or permit to remain outstanding, any loan or advance to, or guarantee, induce or otherwise become contingently liable, directly or indirectly (except as permitted by Section -------- 6.2(e))indirectly, in connection with the obligations, stock or dividends of, or own, ------ purchase or acquire any stock, obligations or securities of or any other interest in, or make any capital contribution to, any other Person, except that the Borrower and its Subsidiaries may:
(i) own, purchase or acquire certificates of deposit issued by Bank, or any other commercial bank having combined assets in excess of $500,000,000 ("Qualified Banks"), repurchase agreements entered into with Qualified Banksa bank, commercial paper issued by issuers rated Moody's P-1, corporate bonds issued by issuers rated Moody's A or better, municipal bonds rated Xxxxx'x XX or better, direct obligations of the United States of America or its agencies, and obligations guaranteed by the United States of America, or shares of mutual funds or other investment funds that invest solely in one or more of the foregoing;
(ii) continue to own the existing capital stock of the Borrower's Subsidiaries Subsidiaries;
(iii) endorse negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(iv) allow Borrower and Borrower's Subsidiaries to make or permit to remain outstanding loans or advances from Borrower's Subsidiaries to BorrowerSouthwest; provided, however, that any such outstanding loans or visa versa;-------- ------- advances by Borrower to Southwest shall be evidenced by negotiable promissory notes, in form and substance satisfactory to Bank, and which notes shall provide for the assignment thereof to the Bank as collateral security for the repayment of the Loans and any other obligations of the Borrower hereunder upon the demand of the Bank; and
(v) make or permit to remain outstanding loans and advances to any of its officers, employees, directors and shareholders or affiliates or enter into or permit to remain outstanding guarantees in connection with the obligations of any of its officers, directors and shareholdersshareholders or affiliates, in an aggregate amount for all such loans, advances and guarantees not exceeding $5,000,000 100,000 in addition to the loans outstanding at any one time;
(vi) continue to own those investments existing and reflected on the date of this Agreement that are described on Schedule 6.2(g)(vi); -------------------
(vii) make the Permitted Acquisitions; and
(viii) make additional investments in an aggregate amount not to exceed $25,000,000Borrower's financial statement dated March 31, 1999.
Appears in 1 contract
