Investments and Loans Sample Clauses

Investments and Loans. The Borrower will not, and will not permit any other Loan Party to, make or permit to remain outstanding any Investments in or to any Person or any loans made between the Parent and Borrower or any intercompany loans, except that the foregoing restriction shall not apply to: (a) Investments as of the Effective Date which are disclosed to the Lenders in Schedule 9.05; (b) accounts receivable arising in the ordinary course of business and promissory notes received in settlement of any such accounts receivable; (c) direct obligations of the United States or any agency thereof, or obligations guaranteed by the United States or any agency thereof, in each case maturing within one year from the date of creation thereof; (d) commercial paper maturing within one year from the date of creation thereof having a rating of at least P-2 or A-2 from either ▇▇▇▇▇’▇ or S&P, respectively; (e) deposits maturing within one year from the date of creation thereof with, including certificates of deposit issued by, any Lender or any office located in the United States of any other bank or trust company which is organized under the laws of the United States or any state thereof, has capital, surplus and undivided profits aggregating at least $100,000,000 (as of the date of such bank or trust company’s most recent financial reports) and has a short term deposit rating of no lower than A2 or P2, as such rating is set forth from time to time, by S&P or ▇▇▇▇▇’▇, respectively; (f) deposits in money market funds investing not less than 90% of their assets in Investments described in Section 9.05(c), Section 9.05(d) or Section 9.05(e); (g) Investments (i) made by the Parent in or to the Borrower or any of the Guarantors, (ii) made by any Subsidiary in or to the Borrower or any Guarantor, and (iii) in an aggregate amount at any one time outstanding not to exceed $15,000,000, made by the Parent or any Subsidiary in or to all other Domestic Subsidiaries which are not Guarantors; and (h) other Investments not to exceed $15,000,000 in the aggregate at any time.

Investments and Loans. Make or permit to exist investments in or --------------------- loans to any other Person, except: (a) Cash Equivalents; and (b) loans and advances to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business in an aggregate outstanding amount not in excess of $1,000,000 at any time.

Investments and Loans. 26 SECTION 5.12.

Investments and Loans. No Company shall, without the prior written consent of Agent and the Required Banks, (a) create, acquire or hold any Subsidiary, (b) make or hold any investment in any stocks, bonds or securities of any kind, (c) be or become a party to any joint venture or other partnership, (d) make or keep outstanding any advance or loan to any Person, or (e) be or become a Guarantor of any kind; provided, that this Section shall not apply to: (i) guarantees only for Indebtedness of the Companies incurred or permitted pursuant to this Agreement; (ii) any endorsement of a check or other medium of payment for deposit or collection through normal banking channels or similar transaction in the normal course of business; (iii) investments by the Companies in Cash Equivalents; (iv) the holding of Subsidiaries listed on Schedule 6.1 hereto; (v) loans to or investments in a Company by a Company so long as each such Company shall be ASI or a Domestic Guarantor of Payment; (vi) any advance or loan to an officer or employee of a Company made in the ordinary course of such Company's business, so long as all such advances and loans from all Companies aggregate not more than the maximum principal sum of Five Million Dollars ($5,000,000) at any time outstanding; (vii) any Permitted Investment or Permitted Foreign Subsidiary Loans and Investments; (viii) the creation or acquisition of a Subsidiary so long as (a) in the case of the acquisition of a Subsidiary, such Subsidiary shall have been acquired in accordance with Section 5.13 hereof and (b) such Subsidiary shall, if required pursuant to Section 5.20 hereof, promptly become a Guarantor of Payment; or (ix) loans to The Sunprene Company from another Company so long as all such loans from all Companies do not aggregate in excess of Two Million Dollars ($2,000,000).

Investments and Loans. Neither Borrower nor any Subsidiary shall make any loan, advance, extension of credit or capital contribution to, or purchase or otherwise acquire for consideration, evidences of indebtedness, capital stock or other securities of any Person, except that Borrower and any Subsidiary may: (a) purchase or otherwise acquire and own short-term money market items; (b) invest, by way of purchase of securities or capital contributions, in the Subsidiary Banks or any other bank or banks, and upon Borrower’s purchase or other acquisition of twenty-five percent (25%) or more of the stock of any bank, such bank shall thereupon become a “Subsidiary Bank” for all purposes under this Agreement; (c) invest, by way of loan, advance, extension of credit (whether in the form of lease, conditional sales agreement, or otherwise), purchase of securities, capital contributions, or otherwise, in Subsidiaries other than banks or Subsidiary Banks; (d) invest, by way of purchase of securities or capital contributions, in other Persons so long as before and after giving effect thereto no Event of Default or Unmatured Event of Default shall have occurred and be continuing and the investment is in compliance with Regulation Y of the Federal Reserve Board; and (e) in the case of any Trust Issuer, purchase any Trust Indebtedness and, in the case of Borrower, purchase any common securities of any Trust Issuer and issue any Trust Guarantees. Nothing in this Section 5.6 shall prohibit a Subsidiary Bank from making investments, loans, advances, or other extensions of credit in the ordinary course of the banking business upon such terms as may at the time be customary in the banking business.

Investments and Loans. Borrower will not have or make any investments in all or a material portion of the capital stock or securities of any Person, or any loans, advances or extensions of credit to any Person, except: (a) Investments in direct or indirect obligations of, or obligations unconditionally guaranteed by, the United States of America and maturing within twelve (12) months from the date of acquisition; (b) Investments in commercial paper of Bank or commercial paper rated "Prime-1" by ▇▇▇▇▇'▇ Investors Services or "A-1" by Standard & Poor's Corporation, or with an equivalent rating by another rating agency of nationally recognized standing, maturing within three hundred sixty-five (365) days from the date of acquisition;

Investments and Loans. Purchase or otherwise acquire any stock, security, obligation or evidence of indebtedness of, make any capital contribution to, own any equity interest in, or make any loan or advance to, any other Person; provided, however, that the Borrower and its Consolidated Entities may (A) continue to hold all stock of and own partnership interests in the Persons that constitute Consolidated Entities on the Closing Date and Persons that thereafter become Consolidated Entities as a result of Acquisitions permitted under Section 8.8; (B) make Permitted Investments; and (C) make other investments in an amount not exceeding 15% of Consolidated Total Assets.

Investments and Loans. No Loan Party and no other Subsidiary shall make any Investments or extend any loans or credit facilities to any Persons, except: (a) Investments in Cash Equivalents; (b) Investments by any Loan Party or any Subsidiary outstanding on the date hereof and set forth on Schedule 6.02(b); (c) advances to its employees in the ordinary course of business for travel, entertainment, relocation and general ordinary course of business purposes; (d) 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; (e) acquisitions of fixed assets, equipment and Inventory in the ordinary course of business to the extent not otherwise prohibited by the terms of this Agreement; (i) any Loan Party or any Subsidiary may make intercompany loans to, and guarantees on behalf of, and other Investments in Loan Parties so long as, solely in the case of such intercompany loans by Subsidiaries that are not Loan Parties to Loan Parties, all payment obligations of the respective Loan Parties thereunder are subordinated to the Obligations on terms reasonably satisfactory to the Administrative Agent, (ii) the Loan Parties may make intercompany loans to, guarantees on behalf of, and other Investments in, Subsidiaries that are not Loan Parties so long as the aggregate amount of outstanding loans, guarantees and the aggregate amount of the other outstanding Investments made pursuant to this subclause (ii) does not exceed $15,000,000.00 and (iii) any Subsidiary that is not a Loan Party may make intercompany loans to, and other investments in, any other Subsidiary that is also not a Loan Party; (g) Permitted Acquisitions; and (h) (i) Investments by any Loan Party or any Subsidiary in any Designated Real Estate Subsidiary outstanding on the date hereof and set forth on Schedule 6.02(h) and (ii) any Loan Party or any Subsidiary may make intercompany loans to, guarantees on behalf of, and other Investments in any Designated Real Estate Subsidiary to finance real property owned or to be owned by any Designated Real Estate Subsidiary; provided that the aggregate amount of such Investments shall not exceed the greater of (x) $150,000,000.00 and (y) 15% of Consolidated EBITDA for the most recently ended Measurement Period for which financial statements have been delivered, minus, in each case, any amount that has been utilized under Section 6.03(m). The entry of a Borrower or other Loan Party into a Swap Agreem...

Investments and Loans. Neither the Borrower nor any other Loan Party shall make any Investments or extend any loans or credit facilities to any Persons, except (a) Investments in Cash Equivalents, (b) advances to its employees in the ordinary course of business for travel, entertainment, relocation and general ordinary course of business purposes and loans to employees to purchase Capital Stock of Parent, (c) 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, (d) acquisitions of fixed assets, equipment and Inventory in the ordinary course of business to the extent not otherwise prohibited by the terms of this Agreement, (e) Investments and credit accommodations provided by any Loan Party to another Loan Party, (f) Permitted Acquisitions, (g) loans and advances provided by any Loan Party to any of its Subsidiaries which are subordinated to the repayment of the Obligations and which have been assigned as collateral security to the Agent for the ratable benefit of the Lenders, and (h) Investments or extensions of loans or credit facilities permitted pursuant to Section 6.03, (i) Investments or loans or credit facilities to one or more Foreign Subsidiary in an aggregate amount not exceeding One Million Dollars ($1,000,000.00) in any Fiscal Year, and (j) Investments not otherwise permitted hereunder in an aggregate amount not exceeding Two Million Dollars ($2,000,000.00) in any Fiscal Year; provided, however, if the unpaid balance of the Term Loans and the Revolving Credit Loans are zero, the Borrower may make Short Term Investments provided (i) such Investments are made with cash and Cash Equivalents; (ii) the Borrower maintains cash and Cash Equivalents of not less than Forty Million Dollars ($40,000,000.00) following the making of such Short-Term Investments; and (iii) no Revolving Credit Loans shall be made pursuant to this Agreement while any Investments not otherwise permitted hereunder are owned by the Borrower or any other Loan Party.