Non-Operating Companies definition
Examples of Non-Operating Companies in a sentence
Make any loan, advance or other extension of credit except as disclosed on Schedule 4(e), except for (i) endorsements of negotiable instruments deposited to the Borrower’s deposit account for collection, (ii) trade credit in the normal course of business and (iii) so long as no Event of Default shall have occurred and is then continuing, (x) loans and advances to Operating Companies in connection with the Divestiture and (y) other loans and advances to its Non-Operating Companies.
Make any investment other than in FDIC insured deposits or United States Treasury obligations of less than one year, or in money market or mutual funds administering such investments, except for (i) so long as no Event of Default shall have occurred and is then continuing, (x) investments in its Operating Companies in connection with the Divestiture, (y) investments in the Non-Operating Companies and (z) Permitted Acquisitions, and (ii) those investments set forth on Schedule 4(d).
All of the entities comprising the Borrower other than the Operating Companies (collectively, the "Non-Operating Companies") acknowledge that funds advanced to the Operating Companies directly benefit the Non- Operating Companies since the Operating Companies intend to use the proceeds to pay debts on behalf of the Non-Operating Companies, and all funds advanced to the Operating Companies on behalf of the Non- Operating Companies will be deemed to have been advanced directly to the Non-Operating Companies.