Investments in Foreign Subsidiaries provided that the sum of (a) the aggregate fair market value of all such Investments (other than intercompany Indebtedness and Guarantees of Indebtedness) made by the Borrower and the Restricted Subsidiaries since the Closing Date (with all such Investments being valued at their original fair market value and without taking into account subsequent increases or decreases in value); (b) the aggregate principal amount of Indebtedness of Foreign Subsidiaries owing to the Borrower and the other Restricted Subsidiaries at any time outstanding; and (c) the aggregate principal amount of Indebtedness of Foreign Subsidiaries that is Guaranteed by the Borrower and the other Restricted Subsidiaries at any time outstanding, when taken together with the aggregate amount of payments made with respect to entities that do not become Guarantors pursuant to clause (2) of the definition of Permitted Acquisitions, may not exceed the greater of (i) $75.0 million and (ii) 1.50% of Consolidated Total Assets as of the date any such Investment is made, plus an amount equal to any returns of capital or sale proceeds actually received in respect of any such Investments (which such amount shall not exceed the amount of such Investment (as determined above) at the time such Investment was made);
Investments in Foreign Subsidiaries. (a) The Borrower will not, and will not permit any of its Domestic Subsidiaries to, sell, transfer, lease, license or otherwise dispose of (in one transaction or in a series of transactions) to any Foreign Subsidiary (i) any Equity Interests in any Domestic Subsidiary, (ii) any United States patents, copyrights, trademarks, service marks, trade names, trade dress, logos and other source or business identifiers, all registrations and recordings thereof, all applications therefor, all extensions or renewals thereof and all goodwill associated therewith or symbolized thereby, that are, or are contemplated to be, used or useful in the conduct of the business of the Borrower and its Domestic Subsidiaries taken as a whole, (iii) any assets (other than (A) cash and cash equivalents and (B) Indebtedness or other obligations owing to the Borrower or any Domestic Subsidiary by any Foreign Subsidiary in the form of intercompany loans or advances) that, individually or in the aggregate, are material to the conduct of the business of the Borrower and its Domestic Subsidiaries taken as a whole or (iv) all or any substantial portion of the assets of the Borrower and its Domestic Subsidiaries taken as a whole.
Investments in Foreign Subsidiaries. Notwithstanding anything to the contrary contained in Section 7.03 of the Credit Agreement or any other provision of the Credit Agreement, the ABL Guarantee and Collateral Agreement or the other Loan Documents, Borrower and Subsidiary Loan Parties shall not directly or indirectly make any Investments in any Foreign Subsidiaries or in any Subsidiaries that are not Subsidiary Loan Parties except for the Investments outstanding as of the date hereof or except as specifically permitted by Agent and Required Lenders in their sole discretion.
Investments in Foreign Subsidiaries. A. Investments in Foreign Subsidiaries (up to $35,000 in book value of foreign patents, foreign trademarks) $
Investments in Foreign Subsidiaries. Permit, at any time at which Unrestricted Cash is less than the dollar amount of the Total Revolving Commitment then in effect, the Borrower’s Foreign Subsidiaries to have either (i) aggregate total assets equal to or in excess of 30% of the aggregate total assets (excluding intangible assets (other than patents, patent licenses, copyrights, copyright licenses, trademarks, and trademark licenses) and goodwill) of the Borrower and its Subsidiaries tested as of the last day of the fiscal quarter then most recently ended for the trailing twelve (12) months ended on such date or (ii) revenues equal to or greater than 30% of the aggregate total revenues of the Borrower and its Subsidiaries, tested as of the last day of the fiscal quarter then most recently ended for the trailing twelve (12) months ended on such date.”
Investments in Foreign Subsidiaries. Section 6.13(f)(5) of the Credit Agreement is deleted and is replaced by the following:
Investments in Foreign Subsidiaries. Make, or permit any Subsidiary to make, any Investment in any Foreign Subsidiary if, after giving effect to such Investment, the Borrower's aggregate Investment in all Foreign Subsidiaries would be in excess of 20% of the Borrower's consolidated total assets (determined in accordance with GAAP).
Investments in Foreign Subsidiaries. The Company shall not, and shall not permit any domestic Subsidiary thereof, to (a) purchase, hold or acquire any Debt of, permit to exist any loans or advances to, or make or permit to exist any guarantees of any obligations of any foreign Subsidiary, other than in respect of Permitted Foreign Subsidiary Debt or (b) or make or permit to exist any investment or any other interest in, any foreign Subsidiary, in an aggregate amount exceeding $5,000,000 at any time outstanding.
Investments in Foreign Subsidiaries. Borrower shall not, and shall not permit any Subsidiary to, contribute, assign or otherwise transfer assets to, or otherwise make any investment in, any Foreign Subsidiary or Foreign Subsidiaries other than transfers to or investments in Foreign Subsidiaries that do not exceed $50,000 in the aggregate for all Foreign Subsidiaries in any fiscal year.
Investments in Foreign Subsidiaries of the Borrower (i) 65% of whose Capital Stock shall be pledged to secure the Obligations, and (ii) which have delivered to the Lenders such board resolutions, officer's certificates and opinions of counsel as the Administrative Agent shall reasonably request; provided, however, notwithstanding any provision of this Agreement to the contrary, in no event shall Investments in, and expenditures of Non-Equity Consideration in respect of Acquisitions of, Foreign Subsidiaries after the Agreement Date exceed $5,000,000 during the term of this Agreement; and
