Foreign Investment Limit definition

Foreign Investment Limit at any time, with respect to all of the Loan Parties and in respect of (a) the aggregate amount of all Investments (other than Investments that are intercompany Indebtedness) made by any Loan Party in any Subsidiary (including any Foreign Subsidiary) that is not a Loan Party, in each case to the extent such Investments are made on or after the Closing Date and remain outstanding at such time, (b) the aggregate amount of all intercompany Indebtedness incurred by any Subsidiary (including any Foreign Subsidiary) that is not a Loan Party and owing to a Loan Party, in each case to the extent such intercompany Indebtedness is incurred on or after the Closing Date and remains outstanding at such time, (c) the aggregate amount of all Restricted Payments made on or after the Closing Date by any Loan Party to any Subsidiary (including any Foreign Subsidiary) that is not a Loan Party, (d) the aggregate amount of all Dispositions made on or after the Closing Date by any Loan Party to any Subsidiary (including any Foreign Subsidiary) that is not a Loan Party and (e) without duplication, the book value of the assets of any Loan Party that is merged or consolidated with or into any Subsidiary (including any Foreign Subsidiary) that is not a Loan Party if the surviving entity in such merger is not, or does not immediately become, a Loan Party, an aggregate amount for all of the foregoing clauses (a) through (e) in an amount not exceeding 15% of Consolidated Total Current Assets (measured as of the date of the financial statements most recently delivered to the Administrative Agent pursuant to Section 6.1 (or, prior to the date financial statements are first delivered to the Administrative Agent pursuant to Section 6.1, as set forth in the Pro Forma Financial Statements)).

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Foreign Investment Limit at any time, with respect to all of the Loan Parties and in respect of all Investments made in, intercompany Indebtedness incurred by, Restricted Payments made to, and Dispositions to or mergers with, Subsidiaries that are not Loan Parties, including Investments in Foreign Subsidiaries, intercompany Indebtedness incurred by Foreign Subsidiaries, Restricted Payments made to Foreign Subsidiaries, Dispositions to Foreign Subsidiaries, and mergers by any Domestic Subsidiaries into Foreign Subsidiaries, an aggregate amount not exceeding 10% of Consolidated Tangible Net Worth (measured as of the date of the financial statements most recently delivered to the Administrative Agent pursuant to Section 6.1).

Foreign Investment Limit at any time and with respect to all Loan Parties, in respect of all Investments made in, intercompany Indebtedness incurred by, Restricted Payments made to, and Dispositions to or mergers with, Subsidiaries that are not Loan Parties, including Investments in Foreign Subsidiaries, intercompany Indebtedness advanced to Foreign Subsidiaries by any Loan Party, Restricted Payments made to Foreign Subsidiaries by any Loan Party, Dispositions to Foreign Subsidiaries made by any Loan Party, and mergers by any Domestic Subsidiaries into Foreign Subsidiaries, an aggregate amount not exceeding 5.0% of consolidated total assets of the Borrower and its consolidated Subsidiaries (measured as of the date of the financial statements most recently delivered to the Administrative Agent pursuant to Section 6.1).

Examples of Foreign Investment Limit in a sentence

Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no Restricted Payment made at any time in reliance on this Section 7.6 shall cause the Foreign Investment Limit in effect at such time to be exceeded.
Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no Disposition made at any time in reliance on this Section 7.5 shall cause the Foreign Investment Limit in effect at such time to be exceeded.
Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no merger, Disposition or other transaction made at any time in reliance on this Section 7.4 shall cause the Foreign Investment Limit in effect at such time to be exceeded.
Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no Investment made at any time in reliance on this Section 7.7 shall cause the Foreign Investment Limit in effect at such time to be exceeded.
Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no Restricted Payment made at any time in reliance on this Section 7.6 shall (i) cause the Foreign Investment Limit in effect at such time to be exceeded or (ii) transfer any Material Intellectual Property from a Loan Party to a Person that is not a Loan Party..
Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no Investment made at any time in reliance on this Section 7.7 shall (i) cause the Foreign Investment Limit in effect at such time to be exceeded or (ii) transfer any Material Intellectual Property from a Loan Party to a Person that is not a Loan Party.
Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no Indebtedness incurred at any time in reliance on this Section 7.2 shall cause the Foreign Investment Limit in effect at such time to be exceeded.
Notwithstanding the foregoing or any provision to the contrary in any Loan Document, no merger, Disposition or other transaction made at any time pursuant to this Section 7.4 in reliance on Section 7.5(t) or Section 7.7(q) shall cause the Foreign Investment Limit in effect at such time to be exceeded.

More Definitions of Foreign Investment Limit

Foreign Investment Limit at any time, in respect of all Investments made in, intercompany Indebtedness incurred by, Restricted Payments made to, and Dispositions to or mergers with, Subsidiaries that are not Loan Parties, including Investments in Foreign Subsidiaries, intercompany Indebtedness incurred by Foreign Subsidiaries, Restricted Payments made to Foreign Subsidiaries, Dispositions to Foreign Subsidiaries, and mergers by any Domestic Subsidiaries into Foreign Subsidiaries, an aggregate amount not exceeding 15% of Consolidated Net Worth (measured as of the date of the financial statements most recently delivered to the Administrative Agent pursuant to Section 6.1).