Common use of Investments, Loans, Advances, Guarantees and Acquisitions Clause in Contracts

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will shall not, and will shall not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stockCapital 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 guarantee any obligations Indebtedness of, or make or permit to exist any investment 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 (whether through purchase each of assetsthe foregoing, merger, amalgamation or otherwisean “Investment”), exceptexcept for:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Credit Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Credit Party and a wholly owned Wholly-Owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, purchase, hold or acquire (including pursuant to any merger merger, consolidation, or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger merger, consolidation, or amalgamation) 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 all or substantially all of the property and assets or business of another Person or assets of any other Person constituting a business unit (whether through purchase of assets, merger, consolidation, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a wholly owned Restricted Subsidiary prior to such merger or amalgamationconsolidation) 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 Person or any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationpursuant to consideration received in connection with a Disposition of assets) 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 (whether through purchase of assetscollectively, merger, amalgamation or otherwise"Investments"), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and the Borrowers will not, and will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a wholly wholly-owned Restricted Subsidiary prior to such merger or amalgamationconsolidation) any capital stock, Equity Interests in or evidences of indebtedness 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly Owned Restricted Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Parties will not, and will not permit any other Loan Party or its of their Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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, for any Person or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit (whether through purchase each of assetsthe foregoing, mergeran “Investment” and collectively, amalgamation or otherwise“Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) 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 all or substantially all of the property and assets or business of another Person or assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any Restricted Subsidiary (other Loan Party or its Subsidiaries than Excluded Subsidiaries) to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) 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 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. (a) The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries (other than an Unrestricted Subsidiary) to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to before such merger or amalgamationmerger) any capital stock, evidences Equity Interest in or evidence of indebtedness or other securities security (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any loans loan or advances advance to, Guarantee any obligations obligation 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and Loan Parties will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) 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 (other than accounts receivable created, and extensions of credit made, in the ordinary course of business) to, Guarantee 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and will not permit any other Loan Party or its of their Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other PersonPerson (all the foregoing being called “investments”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries (other than any Foreign Subsidiary) to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interest, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Each of Intermediate Holdings and the Borrower will not, and will not permit any other Loan Party or of its Subsidiaries subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly wholly-owned Subsidiary of the Borrower prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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 (whether through purchase any of assetsthe foregoing, merger, amalgamation or otherwisean “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and nor will not it permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Restricted Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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 Indebtedness 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 (whether through purchase of assetsany such purchase, mergerholding, amalgamation acquisition, loan, advance, Guarantee, investment or otherwiseinterest, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will shall not, and will not nor shall the Lead Borrower permit any of the other Loan Party or its Subsidiaries Credit Parties to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stockstock or other equity interests, 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 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 (whether through purchase each of assetsthe foregoing, merger, amalgamation or otherwisean “Investment”), exceptexcept for:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Parent and the Company each will not, and will not permit any Material Subsidiary or any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationconsolidation) 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 Person or any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwisean “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Restatement Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness Indebtedness or other securities Equity Interests (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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (the each of the foregoing, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold hold, or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly-Owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness Indebtedness or Equity Interests or other securities (including any option, warrant 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a directly or indirectly wholly owned Subsidiary prior to such merger or amalgamationconsolidation) 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) substantially all of the assets of any Person or any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and nor will not it permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a wholly owned Restricted Subsidiary prior to such merger or amalgamationconsolidation) any capital stock, Equity Interests in or evidences of indebtedness 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 (whether through purchase any of assetsthe foregoing, merger, amalgamation or otherwisean “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly wholly-owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationpursuant to consideration received in connection with a Disposition of assets) 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 (whether through purchase of assetscollectively, merger, amalgamation or otherwise“Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Parties will not, and will not permit any other Subsidiary of any Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger merger), or amalgamation) commitment to purchase, hold or acquire any capital stock, evidences of indebtedness Indebtedness or other securities Equity Interests (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist (or commit to make) any loans or advances to, Guarantee any obligations of, or make or permit to exist (or commit to make) 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly wholly-owned Subsidiary prior to such merger or amalgamationmerger) 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) all or substantially all of the assets of any Person or any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation merger or otherwise) (each such transaction, an "Investment"), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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, Table of Contents 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 (whether through purchase each of assetsthe foregoing, mergeran “Investment” and collectively, amalgamation or otherwise“Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will notNeither Holdings nor the Borrower will, and will not permit any other Loan Party or of its Subsidiaries or any other Credit Party to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, evidences of indebtedness 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stock, evidences of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness Indebtedness or Equity Interests 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 Indebtedness 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 or extensions of credit 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (each such transaction, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Subject to Section 10.21, no Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 or extensions of credit 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (each such transaction, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Credit Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) 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 (except pursuant to the Guarantee Agreements) 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger merger), or amalgamation) commit to purchase, hold or acquire any capital stock, evidences of indebtedness Indebtedness or other securities Equity Interests (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist (or commit to make) any loans or advances to, Guarantee any obligations of, or make or permit to exist (or commit to make) 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will shall not, and will shall not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stockCapital 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 guarantee any obligations Indebtedness of, or make or permit to exist any investment 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 (whether through purchase each of assetsthe foregoing, merger, amalgamation or otherwisean "Investment"), exceptexcept for:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Parties will not, and will not permit any other Loan Party or its of their Restricted Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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 permit to exist 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 (whether through purchase each of assetsthe foregoing, mergeran “Investment” and collectively, amalgamation or otherwise“Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Parties will not, and will not permit any other Loan Party or its of their Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly Owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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 (whether through purchase each of assetsthe foregoing, mergeran "Investment" and collectively, amalgamation or otherwise"Investments"), ---------- ----------- except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), exceptexcept the following:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly Owned Subsidiary of the Company prior to such merger or amalgamation) any capital stockEquity Interests, 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 123 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 (whether through purchase of assets, merger, amalgamation or otherwise) (collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Parent Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and nor will not they permit any other Loan Party or its of their Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly wholly-owned Restricted Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 Indebtedness 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 (whether through purchase of assetscollectively, merger, amalgamation or otherwiseeach an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Parties will not, and will not permit any other Loan Party or its of their Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly Owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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, for any Person or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit (whether through purchase each of assetsthe foregoing, mergeran “Investment” and collectively, amalgamation or otherwise“Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Agreement Parties will not, and will not permit any other Loan Party or its of their respective Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly-Owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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 toto or other extensions of credit, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or make any other payment for property or services for the account or use of any other Person or make any upfront milestone, marketing or other funding payment to another Person in connection with obtaining a right to receive royalty or other payments in the future, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit (whether through purchase each of assetsthe foregoing, mergeran “Investment” and collectively, amalgamation or otherwise“Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:: 107

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Initial Effective Date, or purchase, hold or acquire (including pursuant to any merger with, or amalgamation with as a Division Successor pursuant to the Division of, any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationDivision) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:”

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stock, evidences of indebtedness indebtedness, Equity Interests 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries to, Subsidiary to (i) purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, (ii) make or permit to exist any loans or advances to, (iii) Guarantee any obligations of, or (iv) 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 (whether through purchase of assetsthe items described in the foregoing clauses (i), merger(ii), amalgamation or otherwise(iii) and (iv) are referred to as “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 interestEquity 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 (whether through purchase of assets, merger, amalgamation merger or otherwise)) (each of the foregoing, an “Investment”) except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and nor will not the Borrower permit any other Loan Party or of its Subsidiaries (other than the CFN Subsidiaries, the iXL Ventures Subsidiaries and the Joint Venture Subsidiaries) to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (each, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly Owned Subsidiary of the Company prior to such merger or amalgamation) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation or otherwise) (collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its of the Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Restricted Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (each an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Restricted Subsidiary prior to such merger or amalgamation) any capital stockEquity Interests, evidences of indebtedness Indebtedness or other securities of (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 other 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 (whether through purchase of assets, merger, amalgamation or otherwise) (each such transaction, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise)) (each of the foregoing, an “Investment”) except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary of a Borrower prior to such merger or amalgamationmerger) 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 (whether through purchase of assets, merger, amalgamation merger or otherwise)) or make any other Acquisition or, in the case of any Excluded Subsidiary Guarantor, purchase or otherwise acquire any assets of any other Person, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Group member to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger with, or amalgamation with as a Division Successor pursuant to the Division of, any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationDivision) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (in each case, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not any Loan Party permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly wholly-owned Restricted Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness Indebtedness or Equity Interests 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 Indebtedness 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 (whether through the purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and Wholly-Owned Subsidiary of Borrower or that is a wholly owned Foreign Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:: ​

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and nor will not it permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly wholly-owned Restricted Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, evidences of indebtedness 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any Subsidiary (other Loan Party or its Subsidiaries than Excluded Subsidiaries) to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party CREDIT AGREEMENT and a wholly owned Subsidiary prior to such merger or amalgamationmerger) 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 101 or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger with, or amalgamation with as a Division Successor pursuant to the Division of, any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationDivision) any capital stock, evidences of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary of Borrower or that is a Foreign Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 66 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (in each case, an “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness Indebtedness or Equity Interests 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 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its of the Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:: 119 Table of Contents

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and Wholly-Owned Subsidiary of Borrower or that is a wholly owned Foreign Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party Subsidiary to, or its Subsidiaries form any subsidiary after the Restatement Date in order to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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) all or substantially all of the assets of any Person or any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 capital contributions or any loans or advances to, enter into or permit to exist any Guarantee any of the obligations of, or make or permit to exist any investment or any other interest in, any other PersonPerson (all the foregoing being called “investments”), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its of the Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity, evidences of indebtedness 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 Indebtedness or other obligation of, or make or permit to exist any investment or any other interest in, any other PersonPerson (other than securities exercisable or convertible into, or exchangeable for, the Equity of the Borrower and each Subsidiary), or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any Subsidiary (other Loan Party or its Subsidiaries than Excluded Subsidiaries) to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) 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 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationpursuant to consideration received in connection with a Disposition of assets) any capital stock, evidences 47 41 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 (whether through purchase of assetscollectively, merger, amalgamation or otherwise"Investments"), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, (x) purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a wholly owned Restricted Subsidiary prior to such merger or amalgamationconsolidation) any capital stock, Equity Interests in or evidences of indebtedness 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 (y) purchase or otherwise acquire (in one transaction or a series of transactions) any all or substantially all the assets or business of any other Person or any assets constituting a business unit (whether through purchase unit, line or division of assets, merger, amalgamation or otherwise)such Person, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Loan Parties will not, and will not permit any other Loan Party or its of their Subsidiaries to, directly or indirectly, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly Owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or evidences of indebtedness 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 (whether through purchase each of assetsthe foregoing, mergeran “Investment” and collectively, amalgamation or otherwise“Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any Subsidiary after the Closing Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Parent and the Borrower will not, and will not permit any other Loan Party or its of their respective Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamation) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary of the Borrower prior to such merger or amalgamationmerger) 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 (whether through purchase of assets, merger, amalgamation merger or otherwise)) or, in the case of any Excluded Subsidiary Guarantor, purchase or otherwise acquire any assets of any other Person, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers will not, and will not permit any other Loan Party or its Subsidiaries Subsidiary of any Borrower to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party Borrower and a wholly owned Subsidiary prior to such merger or amalgamation) 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 (whether through purchase of assets, merger, amalgamation or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, form any subsidiary after the Restatement Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary of Borrower or that is a Foreign Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) 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 (other than to the extent permitted under Section 6.1) 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly Owned Subsidiary of the Company prior to such merger or amalgamation) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation or otherwise) (collectively, “Investments”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Subsidiary to, purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a wholly owned Wholly-Owned Subsidiary prior to such merger or amalgamationconsolidation) any capital stockEquity Interests, 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 Person or any assets of any other Person constituting a business unit (whether through purchase of assets, mergermerger or otherwise)(each, amalgamation or otherwisean “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with, or amalgamation with as a Division Successor pursuant to the Division of, any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationDivision) 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 (whether through purchase any of assetsthe foregoing, merger, amalgamation or otherwisean “Investment”), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Each of Holdings and the Borrower will not, and will not permit any other Loan Party or of its Restricted Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation consolidation with any Person that was not a Loan Party and a wholly owned Restricted Subsidiary prior to such merger or amalgamationconsolidation) 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 Person or any assets of any other Person constituting a business unit (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Maker will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary an Obligor prior to such merger or amalgamationmerger) 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 (whether through purchase unit, except Permitted Investments and investments by the Maker existing on the date hereof in the capital stock of assets, merger, amalgamation or otherwise), except:its Subsidiaries. Annex B - 1

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary of Borrower or that is a Foreign Subsidiary prior to such merger or amalgamationmerger) any capital stock, Equity Interests in or 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. (a) The Borrowers Borrower will not, and will not permit any other Loan Party or of its Subsidiaries which are not Insurance Subsidiaries to, purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Wholly-Owned Subsidiary prior to such merger or amalgamationmerger) 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 (whether through purchase of assets, merger, amalgamation or otherwise)unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers Borrower will not, and will not permit any other Loan Party or its Subsidiaries to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stockEquity Interests, 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 (whether through purchase of assets, merger, amalgamation merger or otherwise), or make any Acquisition, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrowers No Loan Party will, nor will not, and will not it permit any other Loan Party or its Subsidiaries Restricted Subsidiary to, form any subsidiary after the Effective Date, or purchase, hold or acquire (including pursuant to any merger or amalgamation with any Person that was not a Loan Party and a wholly owned Subsidiary prior to such merger or amalgamationmerger) any capital stock, evidences evidence of indebtedness Indebtedness or Equity Interests 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 (whether through purchase of assets, merger, amalgamation merger or otherwise) (each of the foregoing, an “Investment”), except: