Common use of Loans, Investments, Etc Clause in Contracts

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 37 contracts

Samples: Loan and Security Agreement (SpartanNash Co), Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (C&d Technologies Inc)

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Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make make, or suffer or permit to exist, any loans or advance money or property to any person, or invest any investment in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 7 contracts

Samples: Loan and Security Agreement (Swank Inc), Loan and Security Agreement (Congoleum Corp), Loan and Security Agreement (Hirsch International Corp)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 6 contracts

Samples: Loan and Security Agreement (Reptron Electronics Inc), Loan and Security Agreement (Vitacost.com, Inc.), Loan and Security Agreement (Pacific Ethanol, Inc.)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make make, or suffer or permit to exist, any loans or advance money or property to any person, or invest any investment in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness indebtedness or all or a substantial part of the assets or property of any personPerson, or form guarantee, assume, endorse or acquire otherwise become responsible for (directly or indirectly) the indebtedness, performance, obligations or dividends of any SubsidiariesPerson, or agree to do any of the foregoing, except:

Appears in 4 contracts

Samples: Loan and Security Agreement (Ulta Beauty, Inc.), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend contribution or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 3 contracts

Samples: Loan and Security Agreement (J Crew Group Inc), Loan and Security Agreement (J Crew Group Inc), Loan and Security Agreement (J Crew Operating Corp)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock Equity Interests or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any SubsidiariesSubsidiaries (each, an “Investment”), or agree to do any of the foregoing, except:

Appears in 3 contracts

Samples: Loan and Security Agreement (Associated Materials, LLC), Loan and Security Agreement (Adc Telecommunications Inc), Loan and Security Agreement (Amh Holdings, LLC)

Loans, Investments, Etc. Each Borrower and Guarantor Guarantors shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 3 contracts

Samples: Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (HHG Distributing, LLC), Loan and Security Agreement (Hhgregg, Inc.)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 3 contracts

Samples: Loan and Security Agreement (Pacific Ethanol, Inc.), Loan and Security Agreement (Stein Mart Inc), Loan and Security Agreement (Sed International Holdings Inc)

Loans, Investments, Etc. Each No Borrower and Guarantor shall, or shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any personPerson, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock any Equity Interests or Indebtedness or all or a substantial part of the assets or property of any personPerson, or form or acquire any Subsidiaries, or agree to do any of the foregoingforegoing (unless conditioned upon the consent of the Required Lenders), except:

Appears in 2 contracts

Samples: Credit and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary of its Subsidiaries to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock of any other Person or Indebtedness of any other Person or all or a substantial part of the assets or property of any personPerson or business unit or division, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 2 contracts

Samples: Loan and Security Agreement (International Wire Group Inc), Loan and Security Agreement (International Wire Group Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, exceptEXCEPT:

Appears in 2 contracts

Samples: Loan and Security Agreement (Little Switzerland Inc/De), Loan and Security Agreement (Thane International Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any personperson (which shall not be deemed to include Accounts arising from the sale of goods and services in the ordinary course of business), or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 2 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly), the Indebtedness, performance, obligations or dividends of any other Person or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 2 contracts

Samples: Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Pep Boys Manny Moe & Jack)

Loans, Investments, Etc. Each Borrower and Guarantor The Borrowers shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 2 contracts

Samples: Loan Agreement (Coachmen Industries Inc), Loan Agreement (Coachmen Industries Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoingforegoing (unless conditioned upon Agent's consent), except:

Appears in 2 contracts

Samples: Loan and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree enter into a binding agreement to do any of the foregoing, except:

Appears in 2 contracts

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.), Loan and Security Agreement (Latrobe Specialty Metals, Inc.)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoingforegoing (including the issuance of any “comfort letters”), except:

Appears in 1 contract

Samples: Loan and Security Agreement (Lydall Inc /De/)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any personperson (excluding prepayments by Borrowers, in the ordinary course of their business, on account of goods purchased by and services rendered to Borrowers), or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Stein Mart Inc

Loans, Investments, Etc. Each The Borrower and Guarantor shall not, and shall not permit any Subsidiary of the Borrower to, directly or indirectly, make any loans or advance money or property to any personPerson, or invest in (by capital contribution, dividend contribution or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any personPerson, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Term Loan Agreement (Anchor Glass Container Corp /New)

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Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock Equity Interests or Indebtedness or all or a substantial part of the assets or property of any personperson (other than any Borrower or Guarantor as expressly permitted under Section 9.11(a) hereof), or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Lighting Science Group Corp)

Loans, Investments, Etc. Each Without prior written approval from Lender, Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Impreso Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary of Borrower to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make make, or suffer or permit to exist, any loans or advance money or property to any person, or invest any investment in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any personperson (except as allowed pursuant to a Permitted Merger), or form or acquire any SubsidiariesSubsidiaries (except as allowed pursuant to a Permitted Merger), or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Zila Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness for cash or Cash Equivalents or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Reptron Electronics Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any Subsidiaries (each of the foregoing, for the purposes of this Section 9.10, an “investment”), except:

Appears in 1 contract

Samples: Loan and Security Agreement (Aep Industries Inc)

Loans, Investments, Etc. Each Borrower and each Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock Equity Interests or Indebtedness or all or a substantial part of the assets or property of any personperson (other than Borrower or any Guarantor as expressly permitted under Section 9.11(a) hereof), or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Lighting Science Group Corp)

Loans, Investments, Etc. Each Except as expressly disclosed on the Information Certificate, each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Universal Automotive Industries Inc /De/)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans Loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make make, or suffer or permit to exist, any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Delta Apparel Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, make any loans Loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Loans, Investments, Etc. Each Borrower and Guarantor shall not, and shall not permit any Subsidiary to, directly or indirectly, make any loans or advance money or property to any person, or invest in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except:except (the “Permitted Investments”):

Appears in 1 contract

Samples: Loan and Security Agreement (Newark Group, Inc)

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