Common use of Loans, Advances, Investments, Etc Clause in Contracts

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan Parties, in each case made in the ordinary course of business, (iii) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business not to exceed $500,000 in the aggregate at any time outstanding, (iv) obligations of officers and employees of any Loan Party in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligations) not to exceed $1,000,000 in the aggregate at any time outstanding, (v) investments constituting Permitted Acquisitions, (vi) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n).

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereofRestatement Effective Date, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are any Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan PartiesParty, in each case made in the ordinary course of business, (iii) investments in any Loan Party, (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances does not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan ‑83‑ Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent its Subsidiaries, (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsvii) not to exceed $1,000,000 investments resulting from Hedging Agreements entered into in the aggregate at any time outstandingordinary course of business, other than for speculative purposes, (v) investments constituting Permitted Acquisitions, (viviii) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viiiix) investments with respect to consisting of 612,207 MLP Common Units and 11,999,258 MLP Subordinated Units issued by the MLP to the extent required Borrower made on (I) on November 7, 2012 or (II) in connection with a Hedging Agreement required Disposition permitted under Section 5.02(n6.02(c)(ii)(G), and dividends and distributions with respect thereto, provided that the Lead Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any MLP Equity Interests, (x) investments consisting of promissory notes issued by the MLP or its subsidiaries to the Borrower in connection with a Disposition permitted under Section 6.02(c)(ii)(G), provided that the Lead Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any such promissory notes, and (xi) the Borrower’s loan to the Parent pursuant to the Parent Acquisition Note to enable the Parent to make the Alon Purchase.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are any Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan PartiesParty, in each case made in the ordinary course of business, (iii) investments in any Loan Party; (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances do not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent its Subsidiaries, (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsvii) not to exceed $1,000,000 investments resulting from Hedging Agreements entered into in the aggregate at any time outstandingordinary course of business, other than for speculative purposes, (v) investments constituting Permitted Acquisitions, (viviii) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viiiix) investments with respect to and consisting of MLP Equity Interests issued by the MLP to the extent required Borrower made (I) on the Third Amendment Effective Date or (II) in connection with a Hedging Agreement required Disposition permitted under Section 5.02(n6.02(c)(ii)(H), and dividends and distributions with respect thereto, provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any MLP Equity Interests, and (x) investments consisting of promissory notes issued by the MLP or its subsidiaries to the Borrower in connection with a Disposition permitted under Section 6.02(c)(ii)(H), provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any such promissory notes.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions contribution to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments those items existing on the date hereof, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans loans, advances, guarantees, other extensions of credit and advances capital contributions among Loan Parties, (iii) loans, advances, guarantees, other extensions of credit and capital contributions made by Borrowers to Subsidiaries of Borrowers which are Loan Parties and by such. Subsidiaries to other Subsidiaries which are not Loan PartiesParties in an aggregate amount not to exceed (x) $287,500 at any time outstanding, and (y) in addition to the preceding clause (x), $1,150,000 at any time outstanding with regard to one or more advances of inventory to one or more non-Loan Party Subsidiaries of SCG (so long as no Default or Event of Default has occurred and is continuing at the time of such advance); provided that each such advance shall be paid, in each case full, within one hundred twenty (120) days of the date of such advance, (iv) loans, advances, guarantees, other extensions of credit and capital contributions made by Loan Parties to Subsidiaries which are not Loan Parties existing on the date hereof, but not any increase in the amount thereof unless otherwise permitted by this Section 6.02(e), (v) bank deposits established in the ordinary course of businessbusiness and in accordance with the terms of the Loan Documents, (iiivi) investments in securities of Account Debtors received pursuant to any plan of reorganization or similar arrangement of any such Account Debtor, (vii) investments made pursuant to Hedging Agreements permitted hereunder, (viii) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business not to exceed $500,000 287,500 in the aggregate at any time outstanding, (ivix) obligations of officers Permitted Investments and employees of any Loan Party in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsx) not to exceed $1,000,000 in the aggregate at any time outstanding, (v) investments constituting Permitted Acquisitions, (vi) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n).

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers it to its Subsidiaries of Borrowers which are Loan Parties Guarantors and by such. Subsidiaries such Subsidiary Guarantors to it and other Subsidiaries which are Loan PartiesSubsidiary Guarantors, in each case made in the ordinary course of business, (iii) investments in any Subsidiary Guarantor; (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances do not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligations) not to exceed $1,000,000 in the aggregate at any time outstanding, (v) investments constituting Permitted Acquisitions, (vi) Permitted Investmentsits Subsidiaries, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 resulting from Hedging Agreements entered into in the aggregate at any time outstanding.ordinary course of business, other than for speculative purposes, and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n)Permitted Investments.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or otherwise invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereofthereof unless such increase or modification can be independently justified under the other provisions of this clause (e), (ii) loans and advances by Borrowers the Parent to its Subsidiaries of Borrowers which are Loan Parties and by such. such Subsidiaries to the Parent or any other Subsidiaries which are Subsidiary, made in the ordinary course of business and not exceeding in the aggregate at any one time outstanding $25,000, (iii) accounts receivables owing to any Loan PartiesParty, if created or acquired in each case made the ordinary course of business and payable or dischargeable in accordance with customary trade terms of such Loan Party, (iv) investments (including, without limitation, debt obligations) received in connection with the bankruptcy or reorganization of suppliers and customers and in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business, (iiiv) (x) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business not to exceed $500,000 in the aggregate at any time outstanding, (iv) obligations of respective officers and employees of any Loan Party in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no the aggregate principal amount thereof at any time outstanding does not exceed $100,000 and (y) advances to employees of any Loan Party for moving, relocation and travel expenses, drawing accounts and similar expenditures in the ordinary course of business so long as any such advances made pursuant to this clause (y) are ultimately expected to be treated as an expense which reduces Consolidated Net Income in accordance with GAAP, (vi) (x) cash is actually advanced or otherwise exchanged common equity contributions by the Parent to the capital of the Borrower and (y) cash common equity contributions by any Loan Party in connection with to the acquisition capital of such obligations) not to exceed $1,000,000 in the aggregate at any time outstandingtheir respective Subsidiaries which are Guarantors, (vvii) investments constituting Permitted AcquisitionsDispositions, (viviii) Permitted Investments, (viiix) other Hedging Agreements entered into in the ordinary course of business providing protection against fluctuations in interest rates and currency values in connection with the Borrower's or any of its Subsidiaries' operations so long as management of the Borrower or such loansSubsidiary, advancesas the case may be, guarantees has determined in good faith that the entering into of obligationssuch Hedging Agreements are bona fide hedging activities and are not for speculative purposes, extensions of credit, capital contributions, and (x) investments and commitments, in each in addition to those not otherwise permitted pursuant to foregoing by clauses (i) through and including (viix) of this clause (e) in an aggregate amount not to exceed $500,000 in the aggregate at any time outstanding150,000., and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n).

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions contribution to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments those items existing on the date hereof, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans loans, advances, guarantees, other extensions of credit and advances capital contributions among Loan Parties, (iii) loans, advances, guarantees, other extensions of credit and capital contributions made by Borrowers to Subsidiaries of Borrowers which are Loan Parties and by such. Subsidiaries to other Subsidiaries which are not Loan PartiesParties in an aggregate amount not to exceed (x) $250,000 at any time outstanding, and (y) in addition to the preceding clause (x), $1,000,000 at any time outstanding with regard to one or more advances of inventory to one or more non-Loan Party Subsidiaries of SCG (so long as no Default or Event of Default has occurred and is continuing at the time of such advance); provided that each such advance shall be paid, in each case full, within one hundred twenty (120) days of the date of such advance; (iv) loans, advances, guarantees other extensions of credit and capital contributions made by Loan Parties to Subsidiaries which are not Loan Parties existing on the date hereof, but not any increase in the amount thereof unless otherwise permitted by this Section 6.02(e), (v) bank deposits established in the ordinary course of businessbusiness and in accordance with the terms of the Loan Documents, (iiivi) investments in securities of Account Debtors received pursuant to any plan of reorganization or similar arrangement of any such Account Debtor, (vii) investments made pursuant to Hedging Agreements permitted hereunder, (viii) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business not to exceed $500,000 250,000 in the aggregate at any time outstanding, (ivix) obligations of officers Permitted Investments and employees of any Loan Party in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsx) not to exceed $1,000,000 in the aggregate at any time outstanding, (v) investments constituting Permitted Acquisitions, (vi) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viii) investments with respect to and to the extent required in connection with a Hedging Agreement required under Section 5.02(n).

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or purchase all or substantially all of the assets of any other Person, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereof, as set forth on Schedule 7.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) temporary loans and advances by Borrowers a Loan Party to Subsidiaries of Borrowers which are another Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan PartiesParty, in each case made in the ordinary course of business, (iii) loans Permitted Investments; provided that the Borrower and advances by Borrowers its Subsidiaries shall not have Permitted Investments consisting of Cash and Cash Equivalents or amounts credited to employees for movingdeposit accounts or securities accounts in excess of $500,000 outstanding at any one time unless the Borrower or the applicable Subsidiary and the applicable bank or securities intermediary have entered into control agreements or similar arrangements governing such Permitted Investments, entertainmentas the Collateral Agent shall determine in its reasonable discretion, travel to perfect (and other similar expenses further establish) the Collateral Agent’s Liens in such Permitted Investments; provided further that in no event shall the Borrower and its Subsidiaries have Cash and Cash Equivalents in excess of $20,000 in the ordinary course of business not to exceed $500,000 in deposit account at Falcon Bank that is referenced on Schedule 7.02(a) hereto unless Metalico CatCon, Falcon Bank and the aggregate at any time outstandingCollateral Agent have entered into a control agreements governing such deposit account, (iv) obligations purchases of officers and employees of any metals by a Loan Party or one of its Subsidiaries other than if such purchase is not for ordinary course business operations, but instead is to speculate on trends and shifts in connection with such officers’ and employees’ acquisition of shares of Capital Stock of the Parent (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligations) not to exceed $1,000,000 in the aggregate at any time outstandingcommodities markets, (v) investments constituting Permitted Acquisitionspurchases of options or future contracts for metals by a Loan Party or one of its Subsidiaries to be used to hedge against fluctuations in the prices of Inventory so long as (A) no Default or Event of Default shall have occurred and be continuing, (B) such purchases are made as a part of such Person’s normal business operations and consistent with past practices, and (C) such purchases are not made as a means to speculate for investment purposes on trends and shifts in commodities markets, (vi) Permitted Investmentsthe purchase by the Borrower of the Capital Stock of Totalcat not acquired on the Term Loan B Funding Date in accordance with the terms of the Totalcat Acquisition Documents (whether by means of a put or a call) prior to the date that is 60 days after the second anniversary of the Term Loan B Funding Date, so long as (A) no Default or Event of Default shall have occurred and be continuing, and (B) after giving effect to such purchase, the sum of Availability plus Qualified Cash shall not be less than $5,000,000, (vii) other such loans, advances, guarantees Contingent Obligations represented by any guaranties by Borrower or any of obligations, extensions its Subsidiaries of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in Permitted Indebtedness outstanding under the aggregate at any time outstanding.CatCon Seller Subordinated Note, and (viii) investments with respect the contribution by the Borrower to and Metalico CatCon of a portion of the proceeds of the Term Loan C in order to facilitate the extent required in connection with a Hedging Agreement required under Section 5.02(n)consummation of the CatCon Acquisition.

Loans, Advances, Investments, Etc. Make or commit or agree to make any loan, advance advance, guarantee of obligations, other extension of credit or capital contributions to, or hold or invest in or commit or agree to hold or invest in, or purchase or otherwise acquire or commit or agree to purchase or otherwise acquire any shares of the Capital Stock, bonds, notes, debentures or other securities of, or make or commit or agree to make any other investment in, any other Person, or purchase or own any futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or permit any of its Subsidiaries to do any of the foregoing, except for: (i) investments existing on the date hereofOriginal Effective Date, as set forth on Schedule 7.02(e6.02(e) hereto, but not any increase in the amount thereof as set forth in such Schedule or any other modification of the terms thereof, (ii) loans and advances by Borrowers to Subsidiaries of Borrowers which are any Loan Parties and by such. Subsidiaries to other Subsidiaries which are Loan PartiesParty, in each case made in the ordinary course of business, (iii) investments in any Loan Party; (iv) trade credit extended on usual and customary terms in the ordinary course of business, (v) (A) payroll, travel and similar advances to cover matters that are expected at the time of such advances ultimately to be treated as expenses for accounting purposes and that are made in the ordinary course of business, and (B) loans and advances by Borrowers to employees for moving, entertainment, travel and other similar expenses made in the ordinary course of business in compliance with applicable laws and consistent with past practices of the Borrower or its Subsidiaries, as the case may be, provided that the aggregate amount of such loans and advances do not to exceed $500,000 in the aggregate at any one time outstanding, (ivvi) stock, obligations or other securities received in settlement of officers and employees amounts due to any Loan Party or any of its Subsidiaries effected in the ordinary course of business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of any Loan Party in connection with such officers’ and employees’ acquisition or any of shares of Capital Stock of the Parent its Subsidiaries, (so long as no cash is actually advanced or otherwise exchanged by any Loan Party in connection with the acquisition of such obligationsvii) not to exceed $1,000,000 investments resulting from Hedging Agreements entered into in the aggregate at any time outstandingordinary course of business, other than for speculative purposes, (v) investments constituting Permitted Acquisitions, (viviii) Permitted Investments, (vii) other such loans, advances, guarantees of obligations, extensions of credit, capital contributions, investments and commitments, in each in addition to those permitted pursuant to foregoing clauses (i) through and including (vi) not to exceed $500,000 in the aggregate at any time outstanding., and (viiiix) investments with respect to and consisting of MLP Equity Interests issued by the MLP to the extent required Borrower made (I) on November 7, 2012 or (II) in connection with a Hedging Agreement required Disposition permitted under Section 5.02(n6.02(c)(ii)(G), and dividends and distributions with respect thereto, provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any MLP Equity Interests, and (x) investments consisting of promissory notes issued by the MLP or its subsidiaries to the Borrower in connection with a Disposition permitted under Section 6.02(c)(ii)(G), provided that the Collateral Agent shall at all times have a perfected, first priority security interest in and Lien on any such promissory notes.