Investments; Advances; Guaranties Sample Clauses

Investments; Advances; Guaranties. Make or commit to make any advance, loan or extension of credit (other than Mortgage Loans made in the ordinary course of the Companies' business) or capital contribution to, or purchase any stocks, bonds, notes, 19 debentures or other securities of, or make any other investment in, or guaranty the indebtedness or other obligations of, any Person.
Sample 1
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Investments; Advances; Guaranties. Make or commit to make any advance, loan or extension of credit (other than Mortgage Loans made in the ordinary course of the Company's business) or capital contribution to, or purchase any stocks, bonds, notes, debentures or other securities of, or make any other investment in, or guaranty the indebtedness or other obligations of, any Person; provided, however, that the Company shall be permitted to (i) make repayments to CII of CII Subordinated Debt, subject, however, to the terms of the Subordination Agreement, and (ii) guaranty the CI Facility.
Sample 1
Investments; Advances; Guaranties. Make or commit to make any advance, loan or extension of credit without the prior written consent of Bank (other than (i) advances of salary or earned commissions to officers of Borrower, or (2) funding mortgage loans and related advances in the ordinary course of Borrower’s business) to, or make or commit to make any capital contribution to, or purchase any stocks, bonds, notes, debentures or other securities of, or make any other investment in, or guaranty the indebtedness or other obligations of, any Person (including but not limited to officers, directors, shareholders and employees of Borrower).
Sample 1
Investments; Advances; Guaranties. Make or commit to make any advance, loan or extension of credit (other than Mortgage Loans made in the ordinary course of the Company's business) or capital contribution to, or purchase any stocks, bonds, notes, debentures or other securities of, or make any other investment in, or guaranty the indebtedness or other obligations of, any Person; provided, however, that the Company shall be permitted to (i) make repayments to CII of CII Subordinated Debt, subject, however, to the terms of the Subordination Agreement, (ii) make investments in or advances to Sterling not to exceed at any time an aggregate amount outstanding of $5,000,000, or guaranty the lease obligations of Sterling, provided that at no time may the Company have any advances outstanding to, or guaranties for the benefit of, Sterling if at such time the Company owns less than eighty percent (80%) of the outstanding capital stock of Sterling; (iii) make investments in "strategic alliance partners" of the Company not to exceed at any time an aggregate amount equal to five percent (5%) of the Book Net Worth of the Company, provided that at no time may the Company own more than ten percent (10%) of the outstanding capital stock of any such "strategic alliance partner" (or twelve and one-half percent (12.5%) with respect to Direct Financial Services, Inc.); and (iv) make advances to EGI in repayment for allowances made to the Company by EGI and in the form of reasonable corporate cost allocations.
Sample 1
Investments; Advances; Guaranties. Without the prior consent of the Lender (which consent shall not be unreasonably withheld), make or commit to make any advance, loan or extension of credit (other than (i) advances of salary or earned commissions to officers or employees of the Company, (ii) Mortgage Loans made or purchased in the ordinary course of the Company's business, and (iii) advances, loans or extensions of credit to officers, directors, shareholders or employees) to, or make or commit to make any capital contribution to, or purchase any stocks, bonds, notes, debentures or other securities (other than Cash and Cash Equivalents) of, or make any other investment (other than the maintenance of operating bank accounts in the ordinary course of the Company's business) in, or guaranty the indebtedness or other obligations of, any Person, which such advances, loans, extensions of credit, capital contributions, purchases, investments, or guaranties exceed $100,000 in the aggregate.
Sample 1
Investments; Advances; Guaranties. Make or commit to make any advance, loan or extension of credit (other than Mortgage Loans made in the ordinary course of the Company's business) or capital contribution to, or purchase any stocks, bonds, notes, debenture or other securities of, or make any other investment in, or guaranty the indebtedness or obligations of any other Person, in excess of the level permitted in Paragraph 7(o) below; provided, however, that (i) the Company shall be permitted to guaranty the indebtedness or other obligations of the following two (2) Affiliates of the Company: (A) Premier Financial Services, Inc., and (B) The Loan Pro$, Inc., which may be incurred in the normal course of such Affiliates' business, so long as Emergent Financial Corporation remains the sole shareholder of Premier Financial Services, Inc. and continues to own at least eighty percent (80%) of the outstanding capital stock of The Loan Pro$, Inc., (ii) the Company shall be permitted to guaranty any indebtedness of EMC to the Lender under the EMC Facility pursuant to the Company Guaranty, and (iii) the Company shall be permitted to make advances to EMC."
Sample 1
Investments; Advances; Guaranties. Make or commit to make any advance, loan or extension of credit (other than Mortgage Loans made in the ordinary course of the Companies' business) or capital contribution to, or purchase any stocks, bonds, notes, debentures or other securities of, or make any other investment in, or guaranty the indebtedness or other obligations of, any Person other than another Company; provided, however, that (A) the Companies shall be permitted to make repayments to CII of CII Subordinated Debt, subject, however, to the terms of the Subordination Agreement; and (B) each of the Companies shall be permitted to (i) guaranty the indebtedness of EGI in conjunction with the private offering of the EGI Notes issued under the EGI Note Indenture, which Notes and guaranty may be reissued in substantially identical form in connection with an exchange offer to be registered with the Securities and Exchange Commission; (ii) make investments in "strategic alliance mortgage bankers" of HomeGold, provided that at no time may HomeGold (x) own more than fifteen percent (15%) of the outstanding capital stock of any such "strategic alliance mortgage banker" or (y) invest more than $1,000,000 in the aggregate in all "strategic alliance mortgage bankers"; (iii) make advances to EGI in repayment for allowances made to each of the Companies by EGI and in the form of reasonable corporate cost allocations; (iv) make investments in any State Mortgage Originator in order to capitalize such State Mortgage Originator as permitted in the definition of such term; and (v) make investments in Emergent Insurance Agency, Inc. not to exceed at any time an aggregate amount outstanding of $100,000; and (C) each Company shall be permitted to make loans or advances to any other Company, provided that (i) the repayment of all such loans and advances is subordinated to the payment of the Obligations pursuant to the terms of and evidenced by one or more promissory notes substantially in the form of Exhibit O hereto, and (ii) such notes shall be pledged to the Administrative Agent for the benefit of the Lenders; provided further, that, in the absence of an Event of Default, the limitations contained in this Section 7.07 shall not apply to CII to the extent such limitations are not permitted by the terms of the EGI Note Indenture.
Sample 1
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Investments; Advances; Guaranties. Make or commit to make any advance, loan or extension of credit (other than Mortgage Loans made in the ordinary course of the Company's business) or capital contribution to, or purchase any stocks, bonds, notes, debentures or other securities of, or make any other investment in, or guaranty the indebtedness or other obligations of, any other Person, in excess of the level permitted in Paragraph 7(o) below; provided, however, that (i) the Company shall be permitted to guaranty the indebtedness or other obligations of the following two (2) Affiliates of the Company: (A) Premier Financial Services, Inc., and (B) The Loan Pro$, Inc. which may be incurred in the normal course of such Affiliates' business, so long as Emergent Group, Inc. remains the sole shareholder of Premier Financial Services, Inc. and continues to own at least eighty percent (80%) of the outstanding capital stock of The Loan Pro$, Inc., (ii) the Company shall be permitted to guaranty the indebtedness of Emergent Group, Inc. in conjunction with the proposed private offering of up to $125,000,000 in Senior Unsecured Notes to occur in the third or fourth quarter of 1997, which Notes and guaranty may be reissued in substantially identical form in connection with an exchange offer to be registered with the Securities and Exchange Commission (provided, that the Company's guaranty obligations pursuant hereto shall not be included in the Company's relevant covenant compliance calculations); and (iii) the Company shall be permitted to make advances to Affiliates.
Sample 1

Related to Investments; Advances; Guaranties

  • Investments, Loans, Advances, Guarantees and Acquisitions 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, evidences of indebtedness 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 constituting a business unit, except:

  • Loans, Advances, Investments, Etc Make or commit or agree to make, or permit any of its Subsidiaries make or commit or agree to make, any Investment in any other Person except for Permitted Investments.

  • Loans, Advances and Investments Make or permit to remain outstanding any loan or advance to, or own, purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or consummate any Acquisition, except that the Company or any Subsidiary may

  • Loans, Investments, Guarantees, Etc Except as set out in the Distribution Agreement and as otherwise provided herein, no Borrower shall directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the stock or indebtedness or all or a substantial part of the assets or property of any person, or assume, endorse, or otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any Person or agree to do any of the foregoing, except: (a) loans to employees of Borrowers not to exceed at any one time $75,000, in the aggregate; (b) the endorsement of instruments for collection or deposit in the ordinary course of business; (c) investments in: (i) short-term direct obligations of the United States Government, (ii) negotiable certificates of deposit issued by any bank satisfactory to Lender, payable to the order of such Borrower or to bearer and delivered to Lender, and (iii) commercial paper rated A1 or P1; provided, that, as to any of the foregoing, unless waived in writing by Lender, such Borrower shall take such actions as are deemed necessary by Lender to perfect the security interest of Lender in such investments; (d) the loans, advances and guarantees set forth on Schedule 9.10 hereto; provided, that, as to such loans, advances and guarantees, (i) such Borrowers shall not, directly or indirectly, (A) amend, modify, alter or change the terms of such loans, advances or guarantees or any agreement, document or instrument related thereto, or (B) as to such guarantees, redeem, retire, defease, purchase or otherwise acquire the obligations arising pursuant to such guarantees, or set aside or otherwise deposit or invest any sums for such purpose, and (ii) such Borrower shall furnish to Lender all notices of default or demands in connection with such loans, advances or guarantees or other indebtedness subject to such guarantees either received by such Borrower or on its behalf, promptly after the receipt thereof, or sent by such Borrower or on its behalf, concurrently with the sending thereof, as the case may be; and (e) loans, advances or investments in the ordinary course of each such Person's business operations, as presently existing, among LSAP, L&SB, LSBE, Rotex and Tribonetics.

  • Limitations on Loans, Advances, Investments and Acquisitions Purchase, own, invest in or otherwise acquire, directly or indirectly, any Capital Stock, interests in any partnership or joint venture (including, without limitation, the creation or capitalization of any Subsidiary), evidence of Indebtedness or other obligation or security, substantially all or a portion of the business or assets of any other Person or any other investment or interest whatsoever in any other Person, or make or permit to exist, directly or indirectly, any loans, advances or extensions of credit to, or any investment in cash or by delivery of property in, any Person except:

  • LOANS, ADVANCES, INVESTMENTS Make any loans or advances to or investments in any person or entity, except any of the foregoing existing as of, and disclosed to Bank prior to, the date hereof.

  • Limitation on Repayment of LIBOR Rate Loans The Borrower may not repay any LIBOR Rate Loan on any day other than on the last day of the Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 5.9 hereof.

  • Investments, Loans, Advances and Acquisitions 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, evidences of indebtedness (subject to Section 6.09 below) 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, 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 constituting a business unit, except:

  • Repayment and Participations of Swingline Loans The Borrower agrees to repay each Swingline Loan within one Business Day of demand therefor by the Swingline Lender that made such Swingline Loan and, in any event, within five (5) Business Days after the date such Swingline Loan was made; provided, that the proceeds of a Swingline Loan may not be used to pay a Swingline Loan. Any Swingline Lender making demand for repayment of a Swingline Loan made by such Swingline Lender shall notify the Administrative Agent of such demand on the date such demand is made. Notwithstanding the foregoing, the Borrower shall repay the entire outstanding principal amount of, and all accrued but unpaid interest on, the Swingline Loans on the Swingline Maturity Date (or such earlier date as a Swingline Lender and the Borrower may agree in writing with respect to Swingline Loans made by such Swingline Lender). In lieu of demanding repayment of any outstanding Swingline Loan from the Borrower, the Swingline Lender that made such Swingline Loan may, on behalf of the Borrower (which hereby irrevocably directs each applicable Swingline Lender to act on its behalf for such purpose), request a borrowing of Revolving Loans that are Base Rate Loans from the Lenders in an amount equal to the principal balance of such Swingline Loan. The amount limitations contained in the second sentence of Section 2.1.(a) shall not apply to any borrowing of such Revolving Loans made pursuant to this subsection. Such Swingline Lender shall give notice to the Administrative Agent of any such borrowing of Revolving Loans not later than 10:00 a.m. Eastern time at least one Business Day prior to the proposed date of such borrowing. Promptly after receipt of such notice of borrowing of Revolving Loans from a Swingline Lender under the immediately preceding sentence, the Administrative Agent shall notify each Lender of the proposed borrowing. Not later than 11:00 a.m. Eastern time on the proposed date of such borrowing, each Lender will make available to the Administrative Agent at the Principal Office for the account of the applicable Swingline Lender, in immediately available funds, the proceeds of the Revolving Loan to be made by such Lender. The Administrative Agent shall pay the proceeds of such Revolving Loans to the applicable Swingline Lender, which shall apply such proceeds to repay such Swingline Loan. If the Lenders are prohibited from making Revolving Loans required to be made under this subsection for any reason whatsoever, including without limitation, the occurrence of any of the Defaults or Events of Default described in Sections 10.1.(e) or (f), each Lender shall purchase from the applicable Swingline Lender, without recourse or warranty, an undivided interest and participation to the extent of such Lender’s Commitment Percentage of such Swingline Loan, by directly purchasing a participation in such Swingline Loan in such amount and paying the proceeds thereof to the Administrative Agent for the account of the applicable Swingline Lender in Dollars and in immediately available funds. A Lender’s obligation to purchase such a participation in a Swingline Loan shall be absolute and unconditional and shall not be affected by any circumstance whatsoever, including without limitation, (i) any claim of setoff, counterclaim, recoupment, defense or other right which such Lender or any other Person may have or claim against the Administrative Agent, any Swingline Lender or any other Person whatsoever, (ii) the occurrence or continuation of a Default or Event of Default (including without limitation, any of the Defaults or Events of Default described in Sections 10.1. (e) or (f)), or the termination of any Lender’s Commitment, (iii) the existence (or alleged existence) of an event or condition which has had or could have a Material Adverse Effect, (iv) any breach of any Loan Document by the Administrative Agent, any Lender, the Borrower or any other Loan Party, or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. If such amount is not in fact made available to the applicable Swingline Lender by any Lender, such Swingline Lender shall be entitled to recover such amount on demand from such Lender, together with accrued interest thereon for each day from the date of demand thereof, at the Federal Funds Rate. If such Lender does not pay such amount forthwith upon the applicable Swingline Lender’s demand therefor, and until such time as such Lender makes the required payment, the applicable Swingline Lender shall be deemed to continue to have outstanding Swingline Loans in the amount of such unpaid participation obligation for all purposes of the Loan Documents (other than those provisions requiring the other Lenders to purchase a participation therein). Further, such Lender shall be deemed to have assigned any and all payments made of principal and interest on its Revolving Loans, and any other amounts due it hereunder, to the applicable Swingline Lender to fund Swingline Loans in the amount of the participation in Swingline Loans that such Lender failed to purchase pursuant to this Section until such amount has been purchased (as a result of such assignment or otherwise).

  • Investments, Loans and Advances Purchase, hold or acquire any Equity Interests, evidences of indebtedness or other securities of, make or permit to exist any loans or advances to, or make or permit to exist any investment or any other interest in, any other person, except:

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