Investments, Loans. The Borrower will not, and will not permit any of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Capital Stock, evidence of Indebtedness (except as permitted in Section 7.1) or other securities (including any option, warrant, or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary (all of the foregoing being collectively called “Investments”), except:
(a) Investments (other than Permitted Investments) existing on the date hereof and set forth on Schedule 7.4 (including Investments in Subsidiaries);
(b) Permitted Investments;
(c) Investments in the form of trade credit to customers of a Loan Party arising in the ordinary course of business and represented by accounts from such customers and accounts receivable arising in the ordinary course of business;
(d) creation of any additional Subsidiaries domiciled in the U.S. and Unrestricted Subsidiaries in compliance with this Agreement;
(e) Guarantees by the Borrower and its Subsidiaries constituting Indebtedness permitted by Section 7.1;
(f) Investments made by the Borrower in or to any Subsidiary and by any Subsidiary to the Borrower or in or to another Subsidiary;
(g) loans or advances to employees, officers or directors of the Borrower or any of its Subsidiaries in the ordinary course of business for travel, relocation and related expenses; provided that the aggregate amount of all such loans and advances does not exceed the Threshold Amount at any time outstanding;
(h) Hedging Transactions permitted by Section 7.10;
(i) Investments by the Borrower and its Subsidiaries (i) in ownership interests in additional Oil and Gas Properties located within the geographic boundaries of the United States of America (including, for the avoidance of doubt, the acquisition of 100% of the Capital Stock of a Person owning such assets) or (ii) related to oil and gas mineral interests and leases owned by a Loan Party or a Person that will become a Loan Party upon acquisition of such Person by a Loan Party, farm-out, farm-in, joint operating, joint venture, participation or area o...
Investments, Loans. Borrower shall not purchase or otherwise acquire, or contract to purchase or otherwise acquire, the obligations or stock of any Person, other than direct obligations of the United States; nor shall Borrower lend or otherwise advance funds to any Person except for advances made to employees, officers and directors for travel and other expenses arising in the ordinary course of business.
Investments, Loans. Borrower shall not, directly or indirectly, (a) purchase or otherwise acquire or own any stock or other securities of any other Person (other than as permitted under this Agreement) or (b) make or permit to be outstanding any loan or advance (other than trade advances in the ordinary course of business or as otherwise permitted under this Agreement) or enter into any arrangement to provide funds or credit, to any other Person, except that (i) it may purchase or otherwise acquire and own marketable U.S. Treasury and Agency obligations, and certificates of deposit and bankers acceptances issued or created by any domestic commercial bank, and the stock of any Subsidiaries identified in Section 3.13, and (ii) they may make loans or advances as permitted pursuant to Section 5.15 above.
Investments, Loans. Make, directly or indirectly, any loan or advance to or have any Investment in any Person, or make any commitment to make such loan, advance or Investment, except:
(a) Equity Interests of any Credit Party acquired or issued in accordance with the other provisions of this Agreement, including without limitation, the provisions of Section 6.10 above, or Equity Interests of any other Subsidiary of any Credit Party with the prior written consent of the Administrative Agent;
(b) Permitted Investment Securities;
(c) loans otherwise permitted by the provisions of Section 7.1(g) above;
(d) loans to employees of any Borrower or any Subsidiary made in the ordinary course of business, so long as the aggregate amount of all such loans outstanding for all Borrowers at any time does not exceed $100,000;
(e) Investments of the Borrowers and the other Credit Parties permitted under the terms of Section 7.4(e)(9);
(f) Investments consisting of Guarantees permitted by Section 7.3(d);
(g) Investments consisting of deferred payment obligations in connection with sales of assets permitted under Section 7.4(e)(5); and
(h) Other Investments, including joint venture interests in non-Subsidiary entities, in the aggregate amount not to exceed $500,000, provided that such Investments have been approved by the Administrative Agent, such approval not to be unreasonably withheld if (1) the aggregate amount of such Investments does not exceed $500,000 in the aggregate during the period from the Closing Date through the Revolving Credit Termination Date, and (2) Aggregate Availability is $15,000,000 or greater at all times for the 90-day period prior to such Investment and immediately after giving effect to such Investment.
Investments, Loans. The Company will not make or suffer to exist any loans or advances to, or make any investments (by way of transfer of Property, contributions to capital, purchase of stock or securities or evidences of indebtedness, acquisition of the business or assets, or otherwise) in, any Person except for the purchase of Nuclear Fuel as contemplated by the Lease Agreement and the investments permitted by Section 3.4 of the Security Agreement.
Investments, Loans. 27 Section 4.16. Fundamental Business Changes........................... 27 Section 4.17. Sale or Transfer of Assets............................. 28 Section 4.18. Acquisition of Additional Properties................... 28 Section 4.19. Issuance of Equity Interests........................... 28 Section 4.20. Transactions with Affiliates........................... 28 Section 4.21. Compliance with ERISA.................................. 29
Investments, Loans. The Loan Parties will not, and will not permit any of their Subsidiaries to, purchase or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, evidence of Indebtedness or other securities (including any option, warrant, or other right to acquire any of the foregoing) of, make any loans or advances to, or make any investment or any other interest in, any other Person or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person that constitute a business unit, or create or form any Subsidiary.
Investments, Loans. Not at any time purchase or otherwise acquire, hold or invest in the capital stock of, or any other interest in, any Person, or make any loan or advance to, or enter into any arrangement for the purpose of providing funds or credit to, or make any other investment, whether by way of capital contribution or otherwise, in or with any Person, including, without limitation, any Affiliate, except (i) investments in direct obligations of, or instruments unconditionally guaranteed by, the United States of America or in certificates of deposit issued by a Qualified Depository, (ii) investments in commercial or finance paper which, at the time of investment, is rated "A" or better by Xxxxx'x Investors Service, Inc., or Standard & Poor's Ratings Group, a Division of XxXxxx-Xxxx, Inc., respectively, or at the equivalent INDENTURE (16% Junior Subordinated) rate by any of their respective successors, (iii) any interests in any money market account maintained, at the time of investment, with a Qualified Depository, the investments of which, at the time of investment, are restricted to the types specified in clause (i) above, (iv) loans to employees of Issuer in the aggregate amount not to exceed $25,000 outstanding at any time, (v) capital stock of presently existing Subsidiaries and (vi) investments in equity interests of programmers made available to Issuer by such programmers as an inducement to carry programming of such programmers, provided the aggregate cost of all such investments does not exceed $100,000 outstanding at any time. All investments permitted pursuant to clauses (i), (ii) and (iii) of this Section 4.15 shall have a maturity not exceeding one year.
Investments, Loans. Not at any time purchase or otherwise acquire, hold or invest in the capital stock of, or any other interest in, any Person, or make any loan or advance to, or enter into any arrangement for the purpose of providing funds or credit to, or make any other investment, whether by way of capital contribution or otherwise, in or with any Person, including, without limitation, any Affiliate, except (i) investments in direct obligations of, or instruments unconditionally guaranteed by, the United States of America or in certificates of deposit issued by a Qualified Depository, (ii) investments in commercial or finance paper which, at the time of investment, is rated "A" or better by Xxxxx'x Investors Service, Inc., or Standard & Poor's Ratings Group, a Division of XxXxxx-Xxxx, Inc., respectively, or at the equivalent rate by any of their respective successors, (iii) any interests in any money market account maintained, at the time of investment, with a Qualified Depository, the investments of which, at the time of investment, are restricted to the types specified in clause (i) above, (iv) loans to employees of Issuer in the aggregate amount not to exceed $25,000 outstanding at any time, (v) capital stock of presently existing Subsidiaries and (vi) investments in equity interests of programmers made available to Issuer by such programmers as an inducement to carry programming of such programmers, provided the aggregate cost of all such investments does not exceed $100,000 outstanding at any time. All investments permitted pursuant to clauses (i), (ii) and (iii) of this Section 4.16 shall have a maturity not exceeding one year.
Investments, Loans. Borrower shall not purchase or otherwise acquire, or contract to purchase or otherwise acquire, the obligations or stock of any Person, other than investments in the stock of a Borrower, investments in connection with Permitted Acquisitions under Section 13(c)(iii), direct obligations of the United States or of any State of the United States or political subdivision thereof, obligations insured by the Federal Deposit Insurance Corporation and obligations unconditionally guaranteed by the United States or of any State of the United States or political subdivision thereof; nor shall Borrower lend or otherwise advance funds to any Person except for advances made to employees, officers and directors for travel and other expenses and extensions of credit to customers arising in the ordinary course of business.
