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

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower will not, and will not permit any of the other Subsidiaries (other than a Receivables Subsidiary) to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any 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 any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The None of the Parent and Borrower or any Foreign Subsidiary Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Neither Holdings nor the Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Restricted Subsidiary prior to such mergermerger or consolidation) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Neither Holdings nor the Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly wholly-owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The None of the Parent and Borrower, any Subsidiary Loan Party or any Foreign Subsidiary Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Neither Holdings nor the Parent and Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity 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 hold any loans or advances to, Guarantee any obligations of, or make or permit to exist hold any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Neither Holdings or the Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and No Borrower will notshall, and will not nor shall it permit any of the other Subsidiaries (other than a Receivables Subsidiary) Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Borrower and a Wholly-Owned Subsidiary that is a Restricted Subsidiary prior to such merger) any Equity InterestsStock, 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, exceptexcept for the following:

Investments, Loans, Advances, Guarantees and Acquisitions. The Borrower and Parent and Borrower will not, and will not permit any of the other Subsidiaries (other than a Receivables Subsidiary) Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Restricted Subsidiary prior to such merger) any Equity Interests, 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 Investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower Borrowers will not, and each of Holdings and the Borrowers will not permit any of the other its subsidiaries that are Subsidiaries (other than a Receivables Subsidiary) to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Neither Holdings nor the Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower will not, and nor will not it permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Wholly-Owned Subsidiary prior to such merger) any 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 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) make any assets of any other Person constituting a business unitAcquisition, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower Borrowers will not, and nor will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Restricted Subsidiary prior to such mergermerger or consolidation) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and No Borrower will, nor will not, and will not any Borrower permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Wholly-Owned Subsidiary prior to such merger) any 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 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) make any assets of any other Person constituting a business unitAcquisition, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Neither Holdings nor the Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Subsidiary prior to such mergermerger or consolidation) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and No Borrower will, nor will not, and will not it permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity InterestsInterest, 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 PersonPerson (each, an “Investment”), or purchase or otherwise acquire consummate an Acquisition (in one transaction or a series of related transactions) any assets of any other Person constituting a business unit), except:

Investments, Loans, Advances, Guarantees and Acquisitions. The None of Parent, Intermediate Holdings, Holdings or the Borrower will, nor will Parent and Borrower will not, and will not permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Neither the Company nor any Borrower will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly wholly-owned Subsidiary prior to such merger) any Equity Interests, 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, except:except (without duplication):

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower None of the Borrowers will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Neither Holdings nor the Borrower will, nor will not, and will not it permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly wholly-owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower None of the Obligors will, nor will not, and will not they permit any of the other Subsidiaries (other than a Receivables Subsidiary) Subsidiary to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower will not, and nor will not it permit any of the other Subsidiaries (other than a Receivables Subsidiary) Restricted Subsidiary to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Restricted Subsidiary prior to such mergermerger or consolidation) any Equity Interests, 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, except:

Investments, Loans, Advances, Guarantees and Acquisitions. The Parent and Borrower will not, and will not permit Neither Holdings nor any of the other Subsidiaries (other than a Receivables Subsidiary) Borrowers will, nor will they permit any Subsidiary to, purchase, hold or acquire (including pursuant to any merger or consolidation with any Person that was not a wholly owned Subsidiary prior to such mergermerger or consolidation) any Equity Interests, 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, except: