Common use of Investments; Indebtedness Clause in Contracts

Investments; Indebtedness. AHP shall not, and shall not permit any of its Subsidiaries to, other than in connection with actions permitted by Section 4.1(e), (i) make any loans, advances or capital contributions to, or investments in, any other Person, other than (x) by AHP or a Subsidiary of AHP to or in AHP or any Subsidiary of AHP, (y) pursuant to any contract or other legal obligation of AHP or any of its Subsidiaries existing at the date of this Agreement or (z) in the ordinary course of business consistent with past practice in an aggregate amount not in excess of the aggregate amount specified in Section 4.1(g) of the AHP Disclosure Schedule or (ii) create, incur, assume or suffer to exist any indebtedness, issuances of debt securities, guarantees, loans or advances not in existence as of the date of this Agreement except pursuant to the credit facilities, indentures and other arrangements in existence on the date of this Agreement or in the ordinary course of business consistent with past practice, in each case as such credit facilities, indentures and other arrangements may be amended, extended, modified, refunded, renewed or refinanced after the date of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Monsanto Co), Agreement and Plan of Merger (American Home Products Corp)

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Investments; Indebtedness. AHP Xxxx-XxXxx shall not, and shall not permit any of its Subsidiaries to, other than in connection with actions permitted by Section 4.1(e), (i) make any loans, advances or capital contributions to, or investments in, any other Person, other than (x) by AHP Xxxx-XxXxx or a Subsidiary of AHP Xxxx-XxXxx to or in AHP Xxxx-XxXxx or any wholly owned Subsidiary of AHPXxxx- XxXxx, (y) pursuant to any contract or other legal obligation of AHP Xxxx-XxXxx or any of its Subsidiaries existing at the date of this Agreement or (z) in the ordinary course of business consistent with past practice in an aggregate amount not in excess of the aggregate amount specified in Section 4.1(g) of the AHP Disclosure Schedule or (ii) create, incur, assume or suffer to exist any indebtedness, issuances of debt securities, guarantees, loans or advances not in existence as of the date of this Agreement except pursuant to the credit facilities, indentures and other arrangements in existence on the date of this Agreement or in the ordinary course of business consistent with past practice, in each case as such credit facilities, indentures and other arrangements may be amended, extended, modified, refunded, renewed or refinanced after the date of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Oryx Energy Co), Agreement and Plan of Merger (Oryx Energy Co)

Investments; Indebtedness. AHP shall Kerr-McGee sxxxx not, and shall not permit any of its Subsidiaries to, other than in txxx xx connection with actions permitted by Section 4.1(e), (i) make any loans, advances or capital contributions to, or investments in, any other Person, other than (x) by AHP Kerr-McGee or a Subsidiary of AHP Kerr- McGee to or in AHP Kerr-McGee or any Subsidiary wholly owxxx Xxxxxxiary of AHPKerr- XxXxx, (yx) pursuant xxxxxxnt to any contract or xxxxxxxx xr other legal obligation of AHP or any Xxxx-XxXxx xx xxx of its Subsidiaries existing at the date of this Agreement or ox (zx) in the xx xhe ordinary course of business consistent with past practice in an aggregate amount not in excess of the aggregate amount specified in Section 4.1(g) of the AHP Disclosure Schedule or (ii) create, incur, assume or suffer to exist any indebtedness, issuances of debt securities, guarantees, loans or advances not in existence as of the date of this Agreement except pursuant to the credit facilities, indentures and other arrangements in existence on the date of this Agreement or in the ordinary course of business consistent with past practice, in each case as such credit facilities, indentures and other arrangements may be amended, extended, modified, refunded, renewed or refinanced after the date of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Kerr McGee Corp), Agreement and Plan of Merger (Kerr McGee Corp)

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Investments; Indebtedness. AHP The Company shall not, and shall not permit any of its Subsidiaries to, other than in connection with actions permitted by Section 4.1(e), (i) make any loans, advances or capital contributions to, or investments inin (other than acquisitions permitted by Section 4.1(e)(i)), any other Person, other than (x) by AHP the Company or a Subsidiary of AHP the Company to or in AHP the Company or any direct or indirect wholly owned Subsidiary of AHP, the Company or (y) pursuant to and in accordance with the terms of any contract or other legal obligation of AHP the Company or any of its Subsidiaries existing at the date of this Agreement or (z) in the ordinary course of business consistent with past practice in an aggregate amount not in excess of the aggregate amount specified in Section 4.1(g) of the AHP Disclosure Schedule $5 million or (ii) create, incur, assume or suffer to exist any indebtedness, issuances of debt securities, guarantees, loans loans, advances or advances other non-equity securities not in existence as of the date of this Agreement except (x) pursuant to the credit facilities, indentures and other arrangements in existence on the date of this Agreement or Agreement, (y) for short-term borrowings (1) in the ordinary course of business consistent with past practice, in each case as practice or (2) the proceeds of which are used to refund existing or maturing indebtedness or fund any acquisition transaction permitted by Section 4.1(e) or (z) intercompany indebtedness between the Company and any of its wholly owned Subsidiaries or between such credit facilities, indentures and other arrangements may be amended, extended, modified, refunded, renewed or refinanced after the date of this Agreementwholly owned Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Jones Apparel Group Inc)

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