Advances to Affiliates. Make loans or advances, or permit its Subsidiaries to make loans or advances, to Affiliates (other than Subsidiaries of Company) in an aggregate amount in excess of Seven Million Dollars ($7,000,000); provided that in calculating such limitation, trade receivables arising in the ordinary course of business in connection with arms-length transactions shall be disregarded.
Advances to Affiliates. Make loans or advances to an Affiliate or Subsidiary except:
Advances to Affiliates. Continue to hold Debt evidencing loans and advances to Affiliates made prior to the Eighth Amendment Effective Date, to the extent disclosed on Schedule 5.19K, provided (i) all such loans and advances shall have been repaid in full on or prior to the Basic Term Expiration Date and (ii) no new loans and advances to Affiliates may be made on or subsequent to the Eighth Amendment Date.; provided, further, that so long as no Event of Default has occurred and is continuing and so long as approved by the Board of Directors of the Lessee, Lessee may enter into the Permitted Affiliate Transaction and may cancel any Subordinated Notes in connection with the payment of the New Dupree Note.
Advances to Affiliates. As of the Reporting Date, outstanding advances to Terrasyn Environmental Corp. and Environmental Venture Partners LLC (the “Acquired Entities”) o do o do not $300,000 may be owed by Terrasyn Environmental Corp. and Environmental Venture Partners LLC to the Administrative Borrower at any time. For the year-to-date period ended _____, 200_____, the Administrative Borrower has advanced to the Acquired Entities $ in the aggregate and has received $ in the aggregate from the Acquired Entities. Attached hereto are all relevant facts in reasonable detail to evidence, and the computations of the financial covenants referred to above. These computations were made in accordance with GAAP. PURE EARTH, INC. By: Its Chief Financial Officer Schedule 5.1 to Credit and Security Agreement TRADE NAMES, CHIEF EXECUTIVE OFFICE, PRINCIPAL PLACE OF BUSINESS, AND LOCATIONS OF COLLATERAL TRADE NAMES • Pure Earth, Inc. was formerly known as Info Investors, Inc. Its name was changed on January 17, 2006. • South Jersey Development, Inc. has operated only under its corporate name since inception. • Juda Construction, Ltd. has operated only under its corporate name since inception. • American Transportation & Disposal Systems, Ltd. has operated only under its corporate name since inception. It did, however, change its name to Pure Earth of New York, Inc. on April 24, 2006, and changed it back to American Transportation & Disposal Systems, Ltd. on September 1, 2006. • None of the borrowers has otherwise operated under any other trade name. CHIEF EXECUTIVE OFFICE/PRINCIPAL PLACE OF BUSINESS Pure Earth, Inc. Chief Executive Office and Principal Place of Business: Xxx Xxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 South Jersey Development, Inc. Chief Executive Office: Xxx Xxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 South Jersey Development, Inc. Principal Place of Business: 00-00 Xxxxxxxx (00xx Xxxxxx) Xxxxx Xxxxxx, XX 00000 Juda Construction, Ltd. Chief Executive Office and Principal Place of Business: 0000 X. Xxx Xxxxxx Xxxxx, XX 00000 American Transportation & Disposal Systems, Ltd. Chief Executive Office and Principal Place of Business: 000 Xxxxxxx Xxxxxx Bronx, NY 10474 Terrasyn Environmental Corp. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Environmental Venture Partners, LLC 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Bio Methods, LLC 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Geo Methods, LLC 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 OTHER INVENTORY AND EQUIPMENT LOCATIONS Inventory – N...
Advances to Affiliates. Make any loans, advances or distributions to stockholders, subsidiaries, Affiliates, officers, employees or third parties.
Advances to Affiliates. Continue to hold Debt evidencing loans and advances to Affiliates made prior to the Seventh Amendment Date, to the extent disclosed on Schedule 5.19K, provided that (i) all promissory notes and other instruments evidencing such Debts, together with any security therefor, shall have been pledged and set over to the Administrative Agent pursuant to the Security Agreement as of the Seventh Amendment Date, and (ii) all such loans and advances shall have been repaid in full on or prior to the Termination Date, and (iii) no new loans and advances to Affiliates may be made on or subsequent to the Seventh Amendment Date.
Advances to Affiliates. 85 10.8 Serviced Loans Portfolio Delinquencies Level.......................................... 85 10.9 Special Negative Covenants Concerning Collateral and Underwriting Guidelines.......... 85
Advances to Affiliates. Borrower shall not make any advances to its Affiliates.
Advances to Affiliates. Continue to hold Debt evidencing loans and advances to Affiliates made prior to the Closing Date, to the extent disclosed on Schedule 5.20B, provided that (i) all promissory notes and other instruments evidencing such Debts, together with any security therefor, shall have been pledged and set over to the Administrative Agent pursuant to the Security Agreement as of the Closing Date, and (ii) all such loans and advances shall have been repaid in full on or prior to the Termination Date, and (iii) no new loans and advances to Affiliates may be made on or subsequent to the Closing Date. In the event that, and to the extent that, as of the Closing Date, any of the terms or conditions set forth in this Section 5.20 (or in Section 5.21 or Section 5.22 below) shall operate to restrict the ability of any Consolidated Subsidiary to (i) pay dividends or make distributions permitted under applicable law on any capital stock of such Subsidiary owned by the Borrower or any other Consolidated Subsidiary, (ii) pay any indebtedness or other obligation owed to the Borrower or any other Consolidated Subsidiary, (iii) make loans or advances to the Borrower or any other Consolidated Subsidiary, or (iv) transfer any of its property or assets to Borrower or any other Consolidated Subsidiary (the "Subsidiary Activities"), and the imposition of such restriction on any such Subsidiary Activities pursuant hereto is expressly prohibited under, or constitutes an event of default under, the terms of the Senior Notes Indenture, then, notwithstanding the foregoing, such Subsidiary Activities shall be permitted.
Advances to Affiliates. The Borrower shall not make any advances or loans to Affiliates outside the ordinary course of business. Until such time as the Lender has received evidence satisfactory to the Lender that the Savia Debt Extension has been fully agreed to and documented, the Borrower shall not make any loans or advances to Affiliates during any fiscal year which at any time have an aggregate outstanding net receivable principal balance in excess of $4,632,000.00. From and after the date that Lender has received evidence satisfactory to the Lender that the Savia Debt Extension has been fully agreed to and documented, the Borrower shall not make any loans or advances to Affiliates during its 2002 fiscal year which at any time have an aggregate outstanding net receivable principal balance in excess of $5,000,000.00. Subject to the limitation set forth above, the Borrower shall not make any loans or advances to Affiliates during its 2003 fiscal year which at any time have an aggregate outstanding net receivable principal balance in excess of $5,500,000.00. Notwithstanding the above, the $3,943,631.00 owed by Comercializadora Premier, S.A. de C.V. (“Comercializadora”) to the Borrower which is outstanding as of the date of this Agreement shall not be included for purposes of determining compliance with this Section 6.2(f). Any amounts owed by Comercializadora to Borrower which are disbursed after the date of this Agreement shall be included for purposes of determining compliance with this Section 6.2(f).
