Common use of Permitted Discretionary Activities Clause in Contracts

Permitted Discretionary Activities. The New Guarantor shall be permitted to make investments in the Logstar JV and the Jamaican JV out of the funds in the Special Account without the prior approval of the Lender provided that: (a) the amount of such investments does not exceed the lower of Six million five hundred thousand Dollars ($6,500,000) or fifty per cent (50%) of the sum of the amount of the Capital Infusion and any Permitted Additional Junior Capital that is funded to the Special Account; and (b) the Borrower and the other Security Parties are in compliance with all covenants and undertakings under this Agreement, the Loan Agreement as amended by the Agreement and the Finance Documents; and (c) such investments are substantially in accordance with the schedules approved by the Lender before the Effective Date and attached hereto in Appendix F.

Permitted Discretionary Activities. The New Corporate Guarantor shall be permitted to make investments in the Logstar JV and the Jamaican JV out of the funds in the Special Account without the prior approval of the Lender Lenders provided that: (a) the amount of such investments does not exceed the lower of Six million five hundred thousand Dollars ($6,500,000) or and fifty per cent (50%) of the sum of the amount of the Capital Infusion and any Permitted Additional Junior Capital that is funded to the Special Account; and (b) the Borrower Borrowers and the other Security Parties are in compliance with all covenants and undertakings under this Agreement, the Loan Agreement as amended by the Agreement and the Finance Documents; and (c) such investments are substantially in accordance with the schedules approved by the Lender Agent on or before the Effective Date and attached hereto in to this Agreement as Appendix F.4.

Permitted Discretionary Activities. The New Guarantor shall be permitted to make investments in the Logstar JV and the Jamaican JV out of the funds in the Special Account without the prior approval of the Lender provided that: (a) the amount of such investments does not exceed the lower of Six million five hundred thousand Dollars ($6,500,000) or fifty per cent (50%) of the sum of the amount of the Capital Infusion and any Permitted Additional Junior Capital that is funded to the Special Account; and; (b) the Borrower Borrowers and the other Security Parties are in compliance with all covenants and undertakings under this Agreement, the Loan Agreement as amended by the Agreement and the other Finance Documents; and (c) such investments are substantially in accordance with the schedules approved by the Lender before the Effective Date and attached hereto in as Appendix F.G.

Permitted Discretionary Activities. The New Guarantor 4 shall be permitted to make investments in the Logstar JV and the Jamaican JV out of the funds in the Special Account without the prior approval of the Lender provided that: (a) the amount of such investments does do not exceed the lower of Six million five hundred thousand Dollars ($6,500,000) or fifty per cent (50%) of the sum of the amount of the Capital Infusion and any Permitted Additional Junior Capital that is funded to the Special Account; and; (b) the Borrower and the other Security Parties are in compliance with all covenants and undertakings under this Agreement, the Loan Agreement as amended by the Agreement and the other Finance Documents; and (c) such investments are substantially in accordance with the schedules approved by the Lender before the Effective Date and attached hereto in as Appendix F.B.