Common use of LOANS, ADVANCES, INVESTMENTS Clause in Contracts

LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make or agree to make or allow to remain outstanding any loans or advances to or acquire Investments in, or purchase or otherwise acquire all or substantially all of the assets of any Person; provided, however, the foregoing restrictions shall not apply to (a) advances or extensions of credit in the form of accounts receivable incurred in the ordinary course of business and upon terms common in the industry for such accounts receivable, (b) advances to employees of the Borrower or any Subsidiary for the payment of expenses in the ordinary course of business, (c) the purchase or acquisition of Oil and Gas Properties located in or offshore North America, (d) Investments in the form of (i) debt securities issued or directly and fully guaranteed or insured by the United States Government or any agency or instrumentality thereof, with maturities of no more than one year from the date of acquisition, (ii) commercial paper of a domestic issuer rated at the date of acquisition at least P-1 by Xxxxx'x Investor Service, Inc. or A-1 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisition, and (iii) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(d), certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, or any bank or trust company organized under the laws of the United States or any state thereof and having capital surplus and undivided profits aggregating at least $500.0 million, (e) other short-term Investments similar in nature and degree of risk to those described in clause (d) of this Section 8.7 and (f) any such loans, advances, Investments, purchases or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), Investments by the Borrower or any Subsidiary of the Borrower in any Subsidiaries that are not Subsidiary Guarantors shall not exceed $1.0 million in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary Guarantors.

Appears in 1 contract

Samples: Credit Agreement (KCS Energy Inc)

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LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make Make or agree to make or allow to remain outstanding any loans or advances to or acquire Investments in, or purchase or otherwise acquire all or substantially all of the assets of any Person, or form any new Subsidiaries; provided, however, the foregoing restrictions shall not apply to (a) advances or extensions of credit in the form of accounts receivable incurred in the ordinary course of business and upon terms common in the industry for such accounts receivable, (b) advances to employees of the Borrower or any Subsidiary for the payment of expenses in the ordinary course of business, (c) loans, advances, or Investments by the purchase Borrower to any Guarantor, by any Guarantor to the Borrower or acquisition of Oil and Gas Properties located in or offshore North Americaby any Guarantor to any other Guarantor, (d) Investments in the form of (i) debt securities issued or directly and fully guaranteed or insured by the United States Government or any agency or instrumentality thereof, with maturities of no more than one year from the date of acquisitionyear, (ii) commercial paper of a domestic issuer rated at the date of acquisition at least P-1 P-2 by Xxxxx'x Investor Service, Inc. or A-1 A-2 by Standard & Poor's Corporation Ratings Services and with maturities of no more than one year from the date of acquisition, and or (iii) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(d)Section, certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, Lender or any bank or trust company organized under the laws of the United States or any state thereof and having capital surplus and undivided profits aggregating at least $500.0 million100,000,000, (e) other short-term Investments similar in nature and degree of risk to those described in clause (d) of this Section 8.7 and Section, or (f) any such loans, advances, Investments, purchases or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), other Investments by the Borrower or any Subsidiary of the Borrower in any Subsidiaries that are not Subsidiary Guarantors shall not to exceed $1.0 million 1,000,000 in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary Guarantorsaggregate.

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make or agree to make or allow to remain outstanding Make any loans or advances to or acquire Investments ininvestments in any Person, nor shall any Subsidiary make any loans or purchase advances to or otherwise acquire all or substantially all investments in any Person, except any of the assets of any Person; providedforegoing existing as of, howeverand disclosed to Bank prior to, the foregoing restrictions shall not apply to date hereof and listed on Schedule 6.6, and except for (a) loans or advances or extensions of credit to employees not exceeding $5,000,000.00 in the form of accounts receivable incurred aggregate principal amount outstanding at any time, in each case made in the ordinary course of business and upon terms common in consistent with practices existing on the industry for such accounts receivable, date hereof; (b) advances to employees of the Borrower deposits required by government agencies or any Subsidiary for the payment of expenses in the ordinary course of business, public utilities; (c) the purchase loans and advances made to any Subsidiaries or acquisition of Oil and Gas Properties located in or offshore North America, to Borrower; (d) Investments other loans and advances in the form an amount which, together with investments permitted by clause (m) below, does not exceed 10% of Consolidated Net Worth at any one time; (ie) debt securities issued or directly and fully guaranteed or insured by investments in direct obligations of the United States Government maturing within one year; (f) investments in certificates of deposit issued by a commercial bank whose credit is satisfactory to Bank; (g) investments in commercial paper rated A1 or any agency the equivalent thereof by Standard & Poor’s Rating Group, a division of XxXxxx-Xxxx, Inc. (“S&P”) or instrumentality thereofP1 or the equivalent thereof by Xxxxx’x Investor Service, with maturities of no more than one year from Inc. (“Moody’s) and in either case maturing within six (6) months after the date of acquisition, ; (iih) commercial paper investments in tender bonds the payment of the principal of and interest on which is fully supported by a domestic issuer letter of credit issued by a United States bank whose long-term certificates of deposit are rated at least AA or the date equivalent thereof by S&P and Aa or the equivalent thereof by Moody’s; (i) investments in corporate bonds of acquisition domestic United States issuers in an aggregate amount not exceeding $50,000,000.00 at any time, which bonds shall be rated at least P-1 BBB or the equivalent thereof by Xxxxx'x Investor ServiceS&P or Baa2 or the equivalent thereof by Moody’s and, Inc. in either case, shall mature within three (3) years of their issuance; (j) investments pursuant to its deferred compensation plan, funded with life insurance or A-1 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisition, and other investment products through a Rabbi Trust; (iiik) repurchase agreements covering debt securities or commercial paper of the type permitted investments in this Section 8.7(d), certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, joint ventures in an aggregate amount not exceeding $25,000,000.00; (l) investments made in any Lender, or any bank or trust company organized under the laws of the United States or any state thereof and having capital surplus and undivided profits aggregating at least $500.0 million, Subsidiary; and/or (em) other short-term Investments similar investments in nature an amount which, together with the loans and degree of risk to those described in advances permitted by clause (d) above, does not exceed 10% of this Section 8.7 and (f) Consolidated Net Worth at any such one time; provided that after giving effect to the making of any loans, advances, Investmentsdeposits or investments permitted by this Section 6.6, purchases no Event of Default shall be in existence or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), Investments by the Borrower or any Subsidiary of the Borrower in any Subsidiaries that are not Subsidiary Guarantors shall not exceed $1.0 million in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary Guarantorscreated thereby.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make Make or agree to make or allow to remain outstanding any loans or advances to or acquire Investments in, or purchase or otherwise acquire all or substantially all of the assets of any Person, or form any new Subsidiaries; provided, however, the foregoing restrictions shall not apply to (a) advances or extensions of credit in the form of accounts receivable incurred in the ordinary course of business and upon terms common in the industry for such accounts receivable, (b) advances to employees of the Borrower or any Subsidiary for the payment of expenses in the ordinary course of business, (c) loans, advances, or Investments by any Related Party other than the purchase Borrower or acquisition of Oil and Gas Properties located in or offshore North Americaany Guarantor to any other Related Party, (d) loans, advances, or Investments by Lafitte to either the Borrower or Xxxxxxxx, (e) Investments in the form of (i) debt securities issued or directly and fully guaranteed or insured by the United States Government or any agency or instrumentality thereof, with maturities of no more than one year from the date of acquisitionyear, (ii) commercial paper of a domestic issuer rated at the date of acquisition at least P-1 P-2 by Xxxxx'x Investor Service, Inc. or A-1 A-2 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisition, and or (iii) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(d)Section, certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, Lender or any bank or trust company organized under the laws of the United States or any state thereof and having capital surplus and undivided profits aggregating at least $500.0 million100,000,000, (ef) other short-term Investments similar in nature and degree of risk to those described in clause (de) of this Section 8.7 and Section, or (fg) any such loans, advances, the Investments described on Exhibit I under the heading "Investments, purchases or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), Investments by the Borrower or any Subsidiary of the Borrower in any Subsidiaries that are not Subsidiary Guarantors shall not exceed $1.0 million in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary Guarantors."

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make or agree to make or allow to remain outstanding Make any loans or advances to or acquire Investments ininvestments in any person or entity, or purchase or otherwise acquire all or substantially all except any of the assets of any Person; provided, however, the foregoing restrictions shall not apply to (a) existing as of, and disclosed to Bank prior to, the date hereof, (b) advances or extensions of credit in the form of accounts receivable to employees for business-related travel expenses incurred in the ordinary course of business and upon terms common in the industry for such accounts receivablenot to exceed Fifty Thousand Dollars ($50,000) at any time outstanding, (bc) advances to employees investments (including debt obligations) received in connection with the bankruptcy or reorganization of the Borrower customers or any Subsidiary for the payment suppliers and in settlement of expenses delinquent obligations of, and other disputes with, customers or suppliers arising in the ordinary course of business, (c) the purchase or acquisition of Oil and Gas Properties located in or offshore North America, (d) Investments investments consisting of extensions of credit in the form nature of (i) debt securities issued accounts receivable or directly and fully guaranteed or insured by the United States Government or any agency or instrumentality thereof, with maturities of no more than one year notes receivable arising from the date grant of acquisition, (ii) commercial paper trade credit in the ordinary course of a domestic issuer rated at the date of acquisition at least P-1 by Xxxxx'x Investor Service, Inc. or A-1 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisition, and (iii) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(d), certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, or any bank or trust company organized under the laws of the United States or any state thereof and having capital surplus and undivided profits aggregating at least $500.0 million, (e) other short-term Investments similar in nature and degree of risk to those described in clause (d) of this Section 8.7 and (f) any such loans, advances, Investments, purchases or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may bebusiness; provided, provided however, that notwithstanding the foregoing clause (faggregate amount of all such loans for extensions of credit in the nature of accounts receivable or investments in any Foreign Subsidiary, together with all sales, leases, transfers and dispositions permitted under Section 5.4(d), Investments by the Borrower or any Subsidiary of the Borrower in any Subsidiaries that are does not Subsidiary Guarantors shall not exceed $1.0 million exceed, in the aggregate for all such Investments transfers, investments and other similar transactions, an amount greater than fifteen percent (15%) of the value of the total assets of Borrower and its Subsidiaries on a consolidated basis in all any fiscal year, (e) loans, advances or investments to or in any Subsidiary of Borrower to pay for operating expenses of such Subsidiaries which are Subsidiary in the ordinary course of business, (f) investments consisting of cash and cash equivalents (including deposit accounts) and marketable securities (including debt securities) so long as consistent with Borrower’s board of directors approved investment policy, (g) the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of Borrower, (h) guaranties permitted by Section 5.5, (i) investments and joint ventures or strategic alliances in the ordinary course of Borrower’s business in an amount not Subsidiary Guarantorsto exceed Five Million Dollars ($5,000,000), (j) investments made in Permitted Acquisitions subject to the aggregate consideration limits in Section 5.4, and (k) investments in the form of stock repurchases, dividends, distributions and redemptions made pursuant to the terms of Section 5.7 hereof.

Appears in 1 contract

Samples: Credit Agreement (Surmodics Inc)

LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make or agree to make or allow to remain outstanding Make any loans or advances to or acquire Investments ininvestments in any person or entity, or purchase or otherwise acquire all or substantially all of the assets of any Person; provided, however, the foregoing restrictions shall not apply to except (a) advances or extensions any of credit in the form of accounts receivable incurred in foregoing existing as of, and disclosed to Bank prior to, the ordinary course of business and upon terms common in the industry for such accounts receivable, date hereof (b) advances to employees any of the Borrower or any Subsidiary for the payment of expenses foregoing made in the ordinary course of businessconnection with a Permitted Acquisition, (c) the purchase or acquisition of Oil and Gas Properties located in or offshore North America, (d) Investments in the form of (i) debt securities readily marketable obligations issued or directly and fully guaranteed or insured by the United States Government of America or any agency or instrumentality thereof, with thereof having maturities of no not more than one year 360 days from the date of acquisitionacquisition thereof, (iid) commercial paper of a domestic issuer rated at the date of acquisition at least P-1 by Xxxxx'x Investor Service, Inc. or A-1 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisition, and (iii) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(d), certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, or any bank or trust company entity organized under the laws of any state of the United States or any state thereof of America and having capital surplus and undivided profits aggregating rated at least $500.0 million“Prime-1” (or the then equivalent grade) by Xxxxx’x or at least “A-1” (or the then equivalent grade) by S&P, in each case with maturities of not more than 180 days from the acquisition thereof, (e) other short-term Investments similar in nature and degree time deposits with, or insured certificates of risk to those described in clause (d) deposit or bankers’ acceptances of, any commercial bank, including the Bank, having a maturity of this Section 8.7 and not more than 365 days from the date of the acquisition thereof, (f) investments in any money market fund, mutual fund, or other registered investment company, (g) investments in any subsidiary existing as of the date hereof, with any additional investments in any such subsidiary not to exceed $25,000 annually, (h) investments consisting of extensions of credit in the nature of accounts receivable or notes receivable arising from the grant of trade credit in the ordinary course of business and investments received in satisfaction or partial satisfaction thereof from financially troubled debtors to the extent necessary in order to prevent or limit loss, and (i) other loans, advances, Investments, purchases advances to or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), Investments by the Borrower or any Subsidiary of the Borrower investments in any Subsidiaries that are person or entity in an amount not Subsidiary Guarantors shall not to exceed $1.0 million 250,000 in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary Guarantorsaggregate.

Appears in 1 contract

Samples: Credit Agreement (Datalink Corp)

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LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make or agree to make or allow to remain outstanding Make any loans or advances to or acquire Investments ininvestments in any person or entity, or purchase or otherwise acquire all or substantially all of the assets of any Person; provided, however, the foregoing restrictions shall not apply to except (a) advances or extensions any of credit in the form of accounts receivable incurred in foregoing existing as of, and disclosed to CPC prior to, the ordinary course of business and upon terms common in the industry for such accounts receivable, date hereof (b) advances to employees any of the Borrower or any Subsidiary for the payment of expenses foregoing made in the ordinary course of businessconnection with a Permitted Acquisition, (c) the purchase or acquisition of Oil and Gas Properties located in or offshore North America, (d) Investments in the form of (i) debt securities readily marketable obligations issued or directly and fully guaranteed or insured by the United States Government of America or any agency or instrumentality thereof, with thereof having maturities of no not more than one year 360 days from the date of acquisitionacquisition thereof, (iid) commercial paper of a domestic issuer rated at the date of acquisition at least P-1 by Xxxxx'x Investor Service, Inc. or A-1 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisition, and (iii) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(d), certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, or any bank or trust company entity organized under the laws of any state of the United States or any state thereof of America and having capital surplus and undivided profits aggregating rated at least $500.0 million“Prime-1” (or the then equivalent grade) by Xxxxx’x or at least “A-1” (or the then equivalent grade) by S&P, in each case with maturities of not more than 180 days from the acquisition thereof, (e) other short-term Investments similar in nature and degree time deposits with, or insured certificates of risk to those described in clause (d) deposit or bankers’ acceptances of, any commercial bank, including CPC, having a maturity of this Section 8.7 and not more than 365 days from the date of the acquisition thereof, (f) investments in any money market fund, mutual fund, or other registered investment company, (g) investments in any subsidiary existing on the date hereof, with any additional investment in any such subsidiaries not to exceed $50,000 annually other than investments necessary for any Permitted Acquisition, (h) investments consisting of extensions of credit in the nature of accounts receivable or notes receivable arising from the grant of trade credit in the ordinary course of business and investments received in satisfaction or partial satisfaction thereof from financially troubled debtors to the extent necessary in order to prevent or limit loss, and (i) other loans, advances, Investments, purchases advances to or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), Investments by the Borrower or any Subsidiary of the Borrower investments in any Subsidiaries that are person or entity in an amount not Subsidiary Guarantors shall not to exceed $1.0 million 500,000 in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary Guarantorsaggregate.

Appears in 1 contract

Samples: Credit Agreement (Datalink Corp)

LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make Make, or agree permit Guarantor to make or allow to remain outstanding make, any loans or advances to or acquire Investments ininvestments in any person or entity, or purchase or otherwise acquire all or substantially all of the assets of any Person; provided, however, the foregoing restrictions shall not apply to except (a) any of the foregoing existing as of, and disclosed to Bank prior to, the date hereof, (b) loans or advances made by one Loan Party to another Loan Party, (c) loans or extensions of credit advances made hereafter in the form normal course of business to a wholly-owned subsidiary of Borrower or of Guarantor; provided however, that loans or advances made hereafter to a subsidiary of Borrower or Guarantor shall not at any time have an outstanding principal balance in excess of $2,000,000.00 in the aggregate for all such loans and advances combined, (d) (i) marketable direct obligations issued or unconditionally guaranteed by the United States of America or any agency or any State thereof maturing within one (1) year from the date of acquisition thereof, (ii) commercial paper maturing no more than one (1) year from the date of creation thereof and currently having a rating of at least A-1 or P-1 from either Standard & Poor’s Corporation or Xxxxx’x Investors Service, (iii) certificates of deposit maturing no more than one (1) year from the date of investment therein issued by Bank and (iv) Bank’s money market accounts, (e) investments consisting of the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of Borrower, (f) investments consisting of accounts receivable incurred held at other financial institutions, to the extent permitted by Section 4.10, (g) investments accepted in connection with dispositions permitted by Section 5.4 in an aggregate amount not to exceed $500,000, (h) investments consisting of travel advances and employee relocation loans and other employee loans and advances in the ordinary course of business and upon terms common in the industry for such accounts receivablean aggregate amount not in excess of One Hundred Thousand Dollars ($100,000), (bi) advances to employees investments (including debt obligations) received in connection with the bankruptcy or reorganization of the Borrower customers or any Subsidiary for the payment suppliers and in settlement of expenses delinquent obligations of, and other disputes with, customers or suppliers in the ordinary course of business, (cj) the purchase joint ventures or acquisition of Oil and Gas Properties located in or offshore North America, (d) Investments strategic alliances in the form ordinary course of Borrower’s business consisting of the non-exclusive licensing of technology, the development of technology or the providing of technical support, provided that any cash investments by Borrower do not exceed Two Hundred Thousand Dollars (i$200,000) debt securities issued or directly and fully guaranteed or insured by in the United States Government or aggregate in any agency or instrumentality thereof, with maturities of no more than one year from the date of acquisition, (ii) commercial paper of a domestic issuer rated at the date of acquisition at least P-1 by Xxxxx'x Investor Service, Inc. or A-1 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisitionfiscal year, and (iiik) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(d), certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, or any bank or trust company organized under the laws of the United States or any state thereof and having capital surplus and undivided profits aggregating at least $500.0 million, (e) other short-term Investments similar in nature and degree of risk to those described in clause (d) of this Section 8.7 and (f) any such loans, advances, Investments, purchases or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), Investments by the Borrower or any Subsidiary of the Borrower in any Subsidiaries that are not Subsidiary Guarantors shall not exceed $1.0 million in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary GuarantorsPermitted Acquisitions.

Appears in 1 contract

Samples: Credit Agreement (Rally Software Development Corp)

LOANS, ADVANCES, INVESTMENTS. Except as permitted by Section 8.1(b) make or agree to make or allow to remain outstanding Make any loans or advances to or acquire Investments ininvestments in any person or entity, or purchase or otherwise acquire all or substantially all of the assets of any Person; provided, however, the foregoing restrictions shall not apply to except (a) any of the foregoing existing as of, and disclosed to Lender in writing prior to, the date hereof, (b) Permitted Acquisitions in an aggregate amount of Cash Acquisition Consideration not to exceed Forty Six Million Dollars ($46,000,000.00) during the term of this Agreement, (c) any of the foregoing among Borrower and the Subsidiary Guarantors, (d) any of the foregoing among any of Borrower’s Foreign Subsidiaries, (e) so long as no Event of Default has occurred and is continuing or would result therefrom and Availability plus Qualified Cash is in excess of Eight Million Five Hundred Thousand Dollars ($8,500,000.00) both before and after giving effect thereto, intercompany loans or advances from Borrower or extensions any Subsidiary Guarantor to any Subsidiary of credit Borrower, (f) any of the foregoing consisting of deposit accounts, Cash Equivalents or Marketable Securities or otherwise made in accordance with Borrower’s investment policy as of the form of accounts receivable incurred date hereof, (g) advances to employees in the ordinary course of business in an aggregate outstanding amount not to exceed One Million One Hundred and upon terms common Fifty Thousand Dollars ($1,150,000.00) at any one time and (h) any of the foregoing not described in the industry for such accounts receivable, preceding clauses (ba) advances to employees of the Borrower or any Subsidiary for the payment of expenses in the ordinary course of business, through (c) the purchase or acquisition of Oil and Gas Properties located in or offshore North America, (d) Investments in the form of (i) debt securities issued or directly and fully guaranteed or insured by the United States Government or any agency or instrumentality thereof, with maturities of no more than one year from the date of acquisition, (ii) commercial paper of a domestic issuer rated at the date of acquisition at least P-1 by Xxxxx'x Investor Service, Inc. or A-1 by Standard & Poor's Corporation and with maturities of no more than one year from the date of acquisition, and (iii) repurchase agreements covering debt securities or commercial paper of the type permitted in this Section 8.7(dg), certificates of deposit, demand deposits, eurodollar time deposits, overnight bank deposits in an amount not to exceed Two Hundred Eighty Seven Thousand and bankers' acceptances, with maturities of no more than one year from the date of acquisition, issued by or acquired from or through the Agent, any Lender, or any bank or trust company organized under the laws of the United States or any state thereof and having capital surplus and undivided profits aggregating at least Five Hundred Dollars ($500.0 million, (e287,500.00) other short-term Investments similar in nature and degree of risk to those described in clause (d) of this Section 8.7 and (f) any such loans, advances, Investments, purchases or acquisitions by the Borrower or any Subsidiary Guarantor of the Borrower into or from the Borrower or any Subsidiary Guarantor, as the case may be; provided, however, that notwithstanding the foregoing clause (f), Investments by the Borrower or any Subsidiary of the Borrower in any Subsidiaries that are not Subsidiary Guarantors shall not exceed $1.0 million in the aggregate for all such Investments in all such Subsidiaries which are not Subsidiary Guarantorsfiscal year.

Appears in 1 contract

Samples: Credit Agreement (Saba Software Inc)

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