Common use of Loans and Investments Clause in Contracts

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 24 contracts

Samples: Share Exchange Agreement (Imperva Inc), Agreement and Plan of Merger and Reorganization (Facebook Inc), Agreement and Plan of Merger (Glu Mobile Inc)

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Loans and Investments. (A) Make any loans or advances (other than routine expense advances to employees of the Company or any Subsidiary consistent with past practice) to, or any investments in or capital contributions to, any PersonPerson (other than ordinary course funding to its existing Subsidiaries in order to fund operations in amounts consistent with past practice), or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneymoney or (B) incur any indebtedness for borrowed money or guarantee any such indebtedness;

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Novation Companies, Inc.), Membership Interest Purchase Agreement (ShoreTel Inc)

Loans and Investments. (i) Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, Person or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;, or

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Identiv, Inc.), Agreement and Plan of Merger (Identiv, Inc.)

Loans and Investments. (A) Make any loans or advances (other than routine expense advances to employees of the Company or any Subsidiary consistent with past practice) to, or any investments in or capital contributions to, any PersonPerson (other than ordinary course funding to its existing Subsidiaries in order to fund operations in amounts consistent with past practice), or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money, or (B) incur any indebtedness for borrowed money or guarantee any such indebtedness;

Appears in 2 contracts

Samples: Merger Agreement (ShoreTel Inc), Agreement and Plan of Reorganization (ShoreTel Inc)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the an Acquired Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 2 contracts

Samples: Share Purchase Agreement (Applovin Corp), Share Purchase Agreement (Applovin Corp)

Loans and Investments. Make any loans or loans, advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, or investments in, any Person, other Person or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness Indebtedness for borrowed money, except in the ordinary course of business;

Appears in 2 contracts

Samples: Share Purchase Agreement (Sapiens International Corp N V), Share Purchase Agreement (Kardan Technologies Ltd.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company or any Subsidiary consistent with past practice) to, or any investments in or capital contributions to, any PersonPerson or from any Subsidiary (other than ordinary course funding to its existing Subsidiaries in order to fund operations in amounts consistent with past practice), or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 2 contracts

Samples: Amended and Restated Purchase Agreement (Answers CORP), Purchase Agreement (Answers CORP)

Loans and Investments. Make any loans or advances (other than (i) routine expense advances to employees of the Company or any Subsidiary consistent with past practicepractice and (ii) the Option Exercise Notes) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hewlett Packard Enterprise Co)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company in the ordinary course of business consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneymoney indebtedness;

Appears in 1 contract

Samples: Agreement and Plan of Merger (MongoDB, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company Employees consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Guidewire Software, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company or any of the Subsidiaries consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alteryx, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge (in excess of $50,000) in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Share Purchase Agreement (BTCS Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company Acquiror or any Subsidiary consistent with past practice) to, or any investments in or capital contributions to, any Person, or from any Subsidiary or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Force10 Networks Inc)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;.

Appears in 1 contract

Samples: Asset Purchase Agreement (Celsion CORP)

Loans and Investments. (i) Make any loans or advances (other than routine expense advances to employees of the Company Business consistent with past practice) to, or any investments in or capital contributions to, any Person, Person or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;, or

Appears in 1 contract

Samples: Asset Purchase Agreement (Identiv, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees Employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Danimer Scientific, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions toto or guarantees in favor of, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Share Purchase Agreement (Docusign, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company or the Subsidiary consistent with past practice) to, or any investments in or capital contributions to, including by acquiring any Equity Interest in, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger and Plan of Reorganization (Ouster, Inc.)

Loans and Investments. (A) Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practiceCompany) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money, or (B) incur any indebtedness for borrowed money or guarantee any such indebtedness;

Appears in 1 contract

Samples: Agreement and Plan of Merger (SuccessFactors, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Docusign Inc)

Loans and Investments. (i) Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, (ii) form any Subsidiary, or (iii) forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Share Purchase Agreement (Nuvasive Inc)

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Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practiceor any of the Company Subsidiaries in the ordinary course of business) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneymoney or otherwise modify in any material respect any loan previously granted;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Soundhound Ai, Inc.)

Loans and Investments. Make Made any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive forgiven or discharge discharged in whole or in part any outstanding loans or advances, or prepay prepaid any indebtedness for borrowed money;

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (TrueCar, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the current Company Employees consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneyIndebtedness;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Exact Sciences Corp)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company or any of the Subsidiaries consistent with past practice) to, or any investments in or capital contributions to, including by acquiring any PersonEquity Interest in, any Person (other than to Subsidiaries in the ordinary course of business consistent with past practice), or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneyadvances (other than in the ordinary course of business consistent with past practice);

Appears in 1 contract

Samples: Agreement and Plan of Merger (Etsy Inc)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any other Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Share Purchase Agreement (Hyperion Therapeutics Inc)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company officers and Employees consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;.

Appears in 1 contract

Samples: Agreement and Plan of Merger (8x8 Inc /De/)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneyCompany Debt;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zuora Inc)

Loans and Investments. Make Solely with respect to Company, make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneyIndebtedness;

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Glu Mobile Inc)

Loans and Investments. Make Made any loans or advances (other than routine expense advances to employees of the an Acquired Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive forgave or discharge discharged in whole or in part any outstanding loans or advances, or prepay prepaid any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Applovin Corp)

Loans and Investments. (i) Make any loans or advances (other than routine expense advances to employees of the Company or any Subsidiary consistent with past practice) to, or any investments in or capital contributions to, any PersonPerson (other than ordinary course funding to its existing Subsidiaries in order to fund operations in amounts consistent with past practice), or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;, or

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Synaptics Inc)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practice) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money; provided, however, that the Company or a Company Subsidiary may make payments on any of its Debt in the ordinary course of business;

Appears in 1 contract

Samples: Stock Purchase Agreement (C&J Energy Services, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company or any Subsidiary consistent with past practice) to, or any investments in or capital contributions to, any PersonPerson (other than ordinary course funding to its existing Subsidiaries in order to fund operations in amounts consistent with past practice), or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cray Inc)

Loans and Investments. Make any loans or advances (other than routine expense advances to employees of the Company consistent with past practiceor any of the Company Subsidiaries in the ordinary course of business) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed money;money or otherwise modify in any material respect any loan previously granted.

Appears in 1 contract

Samples: Agreement and Plan of Merger (SentinelOne, Inc.)

Loans and Investments. Make any loans or advances (other than routine expense advances to directors, officers or employees of the Company consistent with past practicein the ordinary course of business) to, or any investments in or capital contributions to, any Person, or forgive or discharge in whole or in part any outstanding loans or advances, or prepay any indebtedness for borrowed moneymoney or otherwise modify in any material respect any loan previously granted;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Castle Biosciences Inc)

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