No Investments. Make any Investment other than Permitted Investments.
No Investments. The Maker shall not, and shall not permit any Subsidiary to, make or suffer to exist any Investments or commitments therefor, other than Investments made in the ordinary course of business.
No Investments. Tenant shall not purchase or otherwise acquire, hold, or invest in securities (whether capital stock or instruments evidencing indebtedness) of or make loans or advances to any person, including, without limitation, any Guarantor, any Affiliate, or any shareholder, member or partner of Tenant, Guarantor or any Affiliate, except for cash balances temporarily invested in short-term or money market securities.
No Investments. Except as permitted by Section 8.06, none of the Borrower or any of its Subsidiaries is engaged in any joint venture or partnership with any other Person or maintains any Investment.
No Investments. 69 8.10 No Affiliate Transactions...........................................70 8.11 Limitation on Transactions Under ERISA..............................70 8.12
No Investments. No Borrower shall, or shall permit any of its Subsidiaries to, directly or indirectly, make any Investment in any Person or consummate or agree to make an Acquisition other than:
(A) Advances or loans made in the ordinary course of business to employees;
(B) Cash Equivalents, subject to the requirement of SECTION 8.15;
(C) Interest-bearing demand or time deposits (including certificates of deposit) which are insured by the Federal Deposit Insurance Corporation ("FDIC") or a similar federal insurance program, subject to the requirement of SECTION 8.15, however, provided that such Borrower may, in the ordinary course of its business, maintain in its disbursement accounts from time to time accounts in excess of then applicable FDIC or other program insurance limits;
(D) Guaranties permitted under SECTION 8.6;
(E) Investments by Borrowers in any Borrower or Subsidiary Guarantor or the Subsidiary Guarantors in other Subsidiary Guarantors or any Borrower; PROVIDED that (I) each such Borrower and Subsidiary Guarantor shall record all intercompany transactions on its books and records in a manner reasonably satisfactory to Agent, (II) at the time any such intercompany transaction is made, and after giving effect thereto, each such Borrower is Solvent as described in SECTION 6.2 hereto, (III) no Default or Event of Default exists or would occur after giving effect to such intercompany transaction; and (IV) if in the form of an intercompany loan, the obligations of each Borrower or Subsidiary Guarantor under any such intercompany loan shall be subordinated to the Obligations of such Borrower or Subsidiary Guarantor hereunder in a manner reasonably satisfactory to the Agent;
(F) So long as no Default or Event of Default has occurred and is continuing, (I) Investments consisting of intercompany loans by any Credit Party to any Foreign Subsidiary made after February 10, 2004, in an amount not in excess of $15.0 million in the aggregate at any time outstanding, (II) Investments other than intercompany loans made by any Credit Party in any Foreign Subsidiary after February 10, 2004, in an amount not in excess of $5.0 million in the aggregate at any time outstanding and (III) Investments by any Credit Party in any Foreign Subsidiary made after February 10, 2004, in an amount not to exceed the amount of cash received by Credit Parties (whether as a return of capital, dividend, loan, interest or otherwise, but excluding trade payables or proceeds of asset sales between any ...
No Investments make any investments in any person, asset, firm, corporation, joint venture or other entity;
No Investments. 56 14.8 Contracts.................................................................................. 57 14.9 Subordination of Payments to Affiliates.................................................... 57 14.10 Change of Location or Name................................................................. 57
No Investments. Except as otherwise stated in the Registration Statement, in the Time of Sale Disclosure Package and in the Final Prospectus, the Company does not own, directly or indirectly, any capital stock or other ownership interest in any partnership, corporation, business trust, limited liability company, limited liability partnership, joint stock company, trust, unincorporated association, joint venture or other entity.
No Investments. Tenant and Subtenant shall not purchase or otherwise acquire, hold, or invest in securities (whether capital stock or instruments evidencing indebtedness) of or make loans or advances to any person, including, without limitation, any Guarantor, any Affiliate, or any shareholder, member or partner of Tenant, Guarantor or any Affiliate, except for (i) cash balances temporarily invested in short-term or money market securities; and (ii) investments in capital stock or loans to a wholly-owned subsidiary that becomes a Subtenant and Guarantor under this Lease. Notwithstanding the foregoing, this negative covenant shall not prohibit Tenant or Subtenant from making a distribution or paying a dividend so long as (a) at the time of such distribution or payment of a dividend no Event of Default exists; and (b) immediately after such distribution or payment of a dividend, Tenant and Guarantor are not in violation of the financial covenant set forth in §15.7.3 hereof or the Net Worth financial covenant set forth in §10 of the Guaranty, without regard to the time periods provided for such financial covenants. Such financial covenants will be tested on the date of the distribution or payment of the dividend and not at the end of the fiscal quarter.
