Aggregate Investments. Prior to, or contemporaneously with the Closing, each Purchaser shall have actually subscribed for the Subordinated Note Amount set forth on such Purchaser’s signature page to this Agreement.

Directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment, except for Permitted Investments.

Investments. The Company will not, nor will it permit any Subsidiary to, make or suffer to exist any Investments (including, without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments therefor, except:

Investments. Borrower will not, and will not permit Parent or any other Subsidiary of Parent to directly or indirectly, make or acquire any Investment or incur any liabilities (including contingent obligations) for or in connection with any Investment except for Permitted Investments.

Make or hold any Investments, except:

Investments. Set forth in Part B of [Schedule IV] is a complete and correct list of all Investments (other than Investments of the types referred to in [clauses (a), (c) and (d) of Section 6.04]) held by any of the ​ in any Person on the Effective Date and, for each such Investment, # the identity of the Person or Persons holding such Investment and # the nature of such Investment. Except as disclosed in Part B of [Schedule IV], each of the Borrower and such other ​ owns, free and clear of all Liens (other than Permitted Liens or Liens created pursuant to the Security Documents), all such Investments.

Distributions; Investments. (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, provided that # Co-Borrower may convert any of its convertible securities into other securities pursuant to the terms of such convertible securities or otherwise in exchange thereof, # Co-Borrower may pay dividends solely in common stock; and # Co-Borrower may repurchase the stock of employees, directors or consultants pursuant to stock repurchase agreements so long as an Event of Default does not exist at the time of such repurchase and would not exist after giving effect to such repurchase, provided that the aggregate amount of all such repurchases does not exceed Two Hundred Fifty Thousand Dollars ($250,000) per fiscal year; or # directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Investments, or permit any of its Subsidiaries to do so.

Investments consisting of non-cash consideration for any disposition of assets permitted by [Section 6.09];

Investments in the form of trade credit to customers of a Loan Party arising in the ordinary course of business and represented by accounts from such customers and accounts receivable arising in the ordinary course of business;

Loans/Investments. Make any loans or investments in excess of $10 million, except accounts receivables, temporary advances to cover incidental expenses or otherwise in the ordinary course of business.