Investments and Loans. No Company shall: (a) create, acquire or hold any Subsidiary, (b) make or hold any investment in any stocks, bonds or securities of any kind, (c) be or become a party to any joint venture or other partnership, (d) make or keep outstanding any advance or loan to any Person, or (e) be or become a Guarantor of any kind; provided, that this Section shall not apply to:
Investments and Loans. Neither Borrower nor any Subsidiary shall make any loan, advance, extension of credit or capital contribution to, or purchase or otherwise acquire for consideration, evidences of indebtedness, capital stock or other securities of any Person, except that Borrower and any Subsidiary may:
Investments and Loans. The Borrower will not, and will not permit any other Loan Party to, make or permit to remain outstanding any Investments in or to any Person or any intercompany loans, except that the foregoing restriction shall not apply to:
Investments and Loans. Make or permit to exist investments in or loans to any other Person, except: (a) Cash Equivalents; and (b) loans and advances to employees for moving, entertainment, travel and other similar expenses in the ordinary course of business in an aggregate outstanding amount not in excess of $200,000 at any time.
Investments and Loans. No Company shall, without the prior written consent of Agent and the Required Lenders, (a) create, acquire or hold any Subsidiary, (b) make or hold any investment in any stocks, bonds or securities of any kind, (c) be or become a party to any joint venture or other partnership, (d) make or keep outstanding any advance or loan to any Person, or (e) be or become a Guarantor of any kind; provided that this Section 5.11 shall not apply to the following:
Investments and Loans. 31 SECTION 5.12.
Investments and Loans. No Borrower will have or make any investments in all or a material portion of the capital stock or securities of any Person, or any loans, advances or extensions of credit to any Person, except:
Investments and Loans. Make or permit to exist investments in, loans to or distributions to any other Person, except: (a) Cash Equivalents held by a Borrower; (b) loans and advances to employees of Borrowers for moving, entertainment, travel and other similar expenses in the ordinary course of business in an aggregate outstanding amount not in excess of $250,000 at any time; (c) loans in respect of intercompany Indebtedness permitted in subsection 7.1 of this Agreement; (d) investments by any Borrower in the capital stock of any Subsidiary that is a Borrower on the Closing Date or in any Person that has become a Subsidiary and a Borrower after the Closing Date in accordance with the terms of subsection 7.11 of this Agreement or otherwise with the prior written consent of the Collateral Agent; (e) the investments disclosed on Schedule 7.4 existing on the date hereof, (f) Permitted Acquisitions Permitted Acquisitions in an aggregate amount not to exceed Twenty-Five Million Dollars ($25,000,000) and the Peak Acquisition, (g) Other Investments not to exceed Twenty-Five Million Dollars ($25,000,000) in the aggregate, (h) distributions permitted by subsection 7.5, (i) promissory notes and other non-cash consideration received in connection with any Asset Disposition permitted hereunder, and (j) securities received in connection with the satisfaction or enforcement of claims due or owing to Company or any of its Subsidiaries or as security for any such claim. Notwithstanding any contrary provision contained in this Agreement (including, without limitation, the provisions of subsection 7.1 of this Agreement), Borrowers shall not permit any Inactive Entity to acquire any assets, incur any Indebtedness or Liabilities of any kind, conduct any business, perform any operations (other than those specifically required for liquidation or dissolution), receive any distributions from any Borrower or from any Subsidiary of any Borrower, unless the distribution is required to allow an Inactive Entity to pay a Liability (but not in excess of $100,000; provided, however, that Borrowers shall provide Collateral Agent with at least three (3) Business Days' prior written notice prior to paying any Liability in excess of $20,000) that arose prior to the date of this Agreement, make any investments or issue any stock or other equity interests. Notwithstanding anything to the contrary contained in this transaction, the Peak Acquisition shall be permitted only upon satisfaction of the following terms and co...
Investments and Loans. Purchase or otherwise acquire any stock, security, obligation or evidence of indebtedness of, make any capital contribution to, own any equity interest in, or make any loan or advance to, any other Person; provided, however, that the Borrower and its Consolidated Entities may (A) continue to hold all stock of and own partnership interests in the Persons that constitute Consolidated Entities on the Closing Date and Persons that thereafter become Consolidated Entities as a result of Acquisitions permitted under Section 8.8; (B) make Permitted Investments; and (C) make investments in an amount not exceeding 15% of Consolidated Total Assets.
Investments and Loans. 39 Section 5.12 Merger and Sale of Assets ...................................40 Section 5.13 Acquisitions ................................................40 Section 5.14 Notice ......................................................41 Section 5.15
