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. 77 8.10 No Affiliate Transactions.......................................78 8.11 Limitation on Transactions Under ERISA..........................78 8.12
No Investments. No Borrower shall, or shall permit any of its -------------- Subsidiaries to, directly or indirectly, make any Investment in any Person other than:
(a) Advances or loans to employees made in the ordinary course of business;
(b) Cash Equivalents;
(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; 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 8.7;
(e) Indebtedness permitted under Sections 8.3(d) and (e); and
(f) investments in connection with Acquisitions, provided that:
(i) not later than thirty (30) days prior to the date of consummation of each Acquisition, the Agent shall have received (with results satisfactory to the Agent) a due diligence report in connection therewith in form and substance satisfactory to the Agent in its sole discretion prepared by the Auditors (or another nationally-recognized firm of independent certified public accountants selected by the Borrowers and satisfactory to the Agent in its sole discretion), the scope of such due diligence report, and the specific procedures utilized in the preparation thereof, to be approved in writing by the Agent prior to the commencement of any field or other work performed in connection therewith,
(ii) on the date of consummation of each such Acquisition, Agent shall have received a certificate duly executed by a Responsible Officer of Parent certifying that the financial condition referred to in clause (iii) below with respect thereto is satisfied, together with evidence thereof reasonably satisfactory to the Agent,
(iii) the Consolidated Fixed Charge Coverage Ratio, determined on a pro forma basis (giving effect to adjustments to conform accounting policies, to reflect reduction of compensation and, to the extent agreed to by the Agent in its sole discretion, other anticipated cost savings) for the period of four (4) consecutive Fiscal Quarters ending on the last day of the last completed Fiscal Quarter immediately preceding the proposed date of consummation of such Acquisition (on the assumption such Acquisition occurred on the first day of such four Fiscal Quarter period and using historical results of the Consolidated Entity and the related Acquisi...
No Investments make any investments in any person, asset, firm, corporation, joint venture or other entity;
No Investments. 37 14.8 Contracts................................................................................ 38 14.9 Subordination of Payments to Affiliates.................................................. 38 14.10 Change of Location or Name............................................................... 38
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.
