Common use of Loans; Investments Clause in Contracts

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts receivable in the ordinary course of Borrower’s business; (b) Investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s or any successor rating agency; (c) Investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments in wholly-owned subsidiaries of the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Oculus Innovative Sciences, Inc.), Loan and Security Agreement (Oculus Innovative Sciences, Inc.)

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Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts accounts receivable in the ordinary course of Borrower’s business; (b) Investments investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Mxxxx’x or any successor rating agency; (c) Investments investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments in whollyLoans to officers and directors of Borrower not involving the actual advance of cash by Borrower solely to finance the purchases by such officers or directors of shares of capital stock of Borrower on terms approved by Borrower’s board of directors, including a majority of non-owned subsidiaries of the Borrowerinterested directors.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nanosphere Inc), Loan and Security Agreement (Nanosphere Inc)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts receivable in the ordinary course of Borrower’s business; (b) Investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Xxxxx’x or any successor rating agency; (c) Investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments in wholly-owned subsidiaries of the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (EnteroMedics Inc), Loan and Security Agreement (EnteroMedics Inc)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts accounts receivable in the ordinary course of Borrower’s 's business; (b) Investments investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Xxxxx'x or any successor rating agency; (c) Investments investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary temporary advances to cover incidental expenses to be incurred in the ordinary course of business;; and (e) Investments investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the material obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments in wholly-owned subsidiaries of the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Quepasa Corp), Loan and Security Agreement (Quepasa Corp)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts accounts receivable in the ordinary course of Borrower’s business; (b) Investments investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Xxxxx’x or any successor rating agency; (c) Investments investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary temporary advances to cover incidental expenses to be incurred in the ordinary course of business;; and (e) Investments investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the material obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments in wholly-owned subsidiaries of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (MeetMe, Inc.)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts accounts receivable in the ordinary course of Borrower’s business; (b) Investments investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Mxxxx’x or any successor rating agency; (c) Investments investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating rated A1 or P1 and floating rate preferred rated AAA by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments investments in joint ventures, strategic alliances, licensing and similar arrangements customary in each Borrower’s industry and which do not require such Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require such Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments in wholly-owned subsidiaries and loans to Subsidiaries of the BorrowerParent.

Appears in 1 contract

Samples: Loan and Security Agreement (Oculus Innovative Sciences, Inc.)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts accounts receivable in the ordinary course of Borrower’s business; (b) Investments investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Xxxxx’x or any successor rating agency; (c) Investments investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; (f) corporate commercial paper having a rating of A-1 or P-1 by Xxxxx’x, Standard and Poors Investors Service or any successor rating agency; and (fg) Investments cash investments in wholly-owned subsidiaries of the BorrowerBorrower from time to time in an amount necessary to fund such subsidiaries’ operations in the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (Neutral Tandem Inc)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts accounts receivable in the ordinary course of Borrower’s business; (b) Investments investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Xxxxx’x or any successor rating agency; (c) Investments investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments investments of cash in wholly-owned subsidiaries Subsidiaries of Borrower in existence as of the BorrowerClosing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Meru Networks Inc)

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Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts receivable in the ordinary course of Borrower’s business; (b) Investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Mxxxx’x or any successor rating agency; (c) Investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; , and (f) Investments in wholly-owned subsidiaries of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Volcano CORP)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts receivable in the ordinary course of Borrower’s business; (b) Investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Mxxxx’x or any successor rating agency; (c) Investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and (f) Investments in wholly-owned subsidiaries of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Volcano CORP)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts receivable in the ordinary course of Borrower’s 's business; (b) Investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” or “A” by Xxxxx’x, Standard & Poor’s Mxxxx'x or any successor rating agency; (c) Investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating by a national credit agency and maturing not more than one year from the creation thereof; (d) Temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets to such joint venture or other entity; and, (f) Investments in wholly-owned subsidiaries of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Lumera Corp)

Loans; Investments. Make or suffer to exist any loans, guaranties, advances, or investments, except: (a) Accounts receivable in the ordinary course of Borrower’s business; (b) Investments in domestic certificates of deposit issued by, and other domestic investments with, financial institutions organized under the laws of the United States or a state thereof, having at least One Hundred Million Dollars ($100,000,000) in capital and a rating of at least “investment grade” by Moody’s or “A” by Xxxxx’x, Standard & Poor’s or Poors of any successor rating agency; (c) Investments in marketable obligations of the United States of America and in open market commercial paper given the highest credit rating rated at least A2 or P2 by a national credit agency Moody’s and maturing not more than one year from the creation thereof;/or Standard & Poors. (d) Temporary advances to cover incidental expenses to be incurred in the ordinary course of business; (e) Investments in joint ventures, strategic alliances, licensing and similar arrangements customary in Borrower’s industry and which do not require Borrower to assume or otherwise become liable for the obligations of any third party not directly related to or arising out of such arrangement or, without the prior written consent of Lender, require Borrower to transfer ownership of non-cash assets Collateral to such joint venture or other entity; and (f) Investments in wholly-owned subsidiaries of the Borrower; and (g) as expressly permitted in the Supplement.

Appears in 1 contract

Samples: Loan and Security Agreement (Oculus Innovative Sciences, Inc.)

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