Common use of Investments of a Restricted Subsidiary Clause in Contracts

Investments of a Restricted Subsidiary. of the Borrower acquired after the Second Restatement Effective Date or of an entity merged into, amalgamated with, or consolidated with a Restricted Subsidiary of the Borrower in a transaction that is not prohibited by the covenant in Section 2.08 of this Annex after the Second Restatement Effective Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation; and

Investments of a Restricted Subsidiary. of the Borrower acquired after the Second Amendment and Restatement Effective Date or of an entity merged into, or amalgamated with, into or consolidated with a Restricted Subsidiary of the Borrower in a transaction that is not prohibited by the covenant in Section 2.08 of this Annex 7.04 after the Second Amendment and Restatement Effective Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation; and;