Investments

Investments. Investments made in Atlas Growth in the form of a Loan Party guaranteeing or otherwise agreeing to become liable for deferred purchase price and contingent indemnity obligations of Atlas Growth in respect of the Cima Acquisition; provided that (i) the aggregate amount of such deferred purchase price obligations shall not exceed $115,000,000, (ii) the terms, conditions and documentation governing such arrangement shall (A) provide that if any Loan Party makes any payment in respect of such... deferred purchase price obligations, then such Loan Party will receive the Oil and Gas Properties for which such deferred purchase price payment is attributable, and (B) otherwise be in form and substance reasonably satisfactory to the Administrative Agent, (iii) such arrangement shall be on an arm's length basis and approved by the appropriate conflicts committee of the General Partner's board of directors, (iv) such Investment shall be made, if at all, prior to the earlier of (A) January 1, 2015 and (B) the first date on which the Cima Acquisition Agreement is terminated or any Loan Party knows with reasonable certainty that the Cima Acquisition will not be consummated, (v) the Borrower shall have received, during the period from and after the Fourth Amendment Effective Date through and including the closing date of the Cima Acquisition, either (A) net cash proceeds from the issuance of its Equity Interests and the issuance of Senior Notes in an aggregate amount not less than $125,000,000 (of which not less than $75,000,000 shall be net cash proceeds from the issuance of its Equity Interests) or (B) net cash proceeds from the issuance of its Equity Interests in an aggregate amount not less than $115,000,000, which net cash proceeds shall, in either case, be used to satisfy a portion of the non-deferred purchase price obligations in connection with the Cima Acquisition, and (vi) no Loan Party shall make any cash payments in respect of any deferred purchase price or contingent indemnity obligations under the Cima Acquisition (regardless of whether such obligations are primary obligations of a Loan Party or of Atlas Growth) unless the Borrower has unused availability under its Borrowing Base in an amount not less than $75,000,000 after giving effect to any such payment. View More

Investments. The investments of the Company

Investments. Any investments by the Company in Real Estate Assets or any other asset

Investments. In an aggregate amount not to exceed at any time (i) $5,000,000, plus (ii) an amount (not to exceed $5,000,000) equal to the aggregate amount of the capital contribution made by Borrower to Holdings on or about the Amendment No. 5 Effective Date that has not been utilized for any other purposes, plus (iii) the amount of Excess ATM Offering Proceeds retained in such Fiscal Year that have not been utilized for any other purposes; and

Investments. Means any investments by the Company in Real Estate Related Assets and all other permitted investments in which the Company may acquire an interest, either directly or indirectly, including through ownership interests in a Joint Venture, other than short-term investments acquired for purposes of cash management.

Investments. Pursuant to, or arising from, the SilverRail Transactions.

Investments. Any investments by the Company or an Operating Partnership in Real Estate Assets and Other Real Estate Related Investments.

Investments. In connection with the Cerence Restructuring Transactions; provided that, to the extent the Cerence Spin-Off is not consummated on or prior to December 12, 2019, each Cerence Non-Loan Party Subsidiary shall be required, within 20 Business Days after December 12, 2019 (or such longer period as the Administrative Agent shall agree in its sole discretion), to cause the Collateral and Guarantee Requirement to be satisfied with respect to such Cerence Non-Loan Party Subsidiary and with respect to... any Equity Interest in or Indebtedness of such Cerence Non-Loan Party Subsidiary owned by or on behalf of any Loan Party. View More