AND OTHER ASSETS, IN EACH CASE IN THE ORDINARY COURSE OF BUSINESS;
(III)
INVESTMENTS CONSISTING OF LOANS AND ADVANCES TO EMPLOYEES,
OFFICERS OR DIRECTORS OF THE PARENT AND ITS SUBSIDIARIES IN THE ORDINARY COURSE
OF BUSINESS NOT EXCEEDING $1,500,000 AT ANY TIME OUTSTANDING, PROVIDED THAT
LOANS FOR THE PURPOSE OF ACQUIRING CAPITAL STOCK OF THE PARENT THE NET CASH
PROCEEDS OF WHICH EQUITY ISSUANCE ARE CONTRIBUTED TO THE CAPITAL OF THE COMPANY
OR USED TO ACQUIRE CAPITAL STOCK OF THE COMPANY SHALL NOT BE SUBJECT TO SUCH
LIMIT;
(IV)
INVESTMENTS (INCLUDING EQUITY SECURITIES AND DEBT OBLIGATIONS) OF
THE COMPANY AND ITS SUBSIDIARIES (A) RECEIVED IN CONNECTION WITH THE BANKRUPTCY
OR REORGANIZATION OF SUPPLIERS AND CUSTOMERS AND IN GOOD FAITH SETTLEMENT OF
DELINQUENT OBLIGATIONS OF, AND OTHER DISPUTES WITH, CUSTOMERS AND SUPPLIERS
ARISING IN THE ORDINARY COURSE OF BUSINESS OR (B) CONSTITUTING NON-CASH PROCEEDS
OF ANY SALE, TRANSFER OR OTHER DISPOSITION PERMITTED BY SECTIONS 8.4(II) OR
8.4(VI);
(V)
WITHOUT DUPLICATION, INVESTMENTS CONSISTING OF INTERCOMPANY
INDEBTEDNESS PERMITTED UNDER SECTION 8.2(IV);
(VI)
INVESTMENTS EXISTING AS OF THE CLOSING DATE AND DESCRIBED IN
SCHEDULE 8.5;
107
(VII)
INVESTMENTS OF THE CREDIT PARTIES UNDER HEDGE AGREEMENTS ENTERED
INTO IN THE ORDINARY COURSE OF BUSINESS TO MANAGE EXISTING OR ANTICIPATED
INTEREST RATE OR FOREIGN CURRENCY RISKS AND NOT FOR SPECULATIVE PURPOSES;
(VIII)
INVESTMENTS (Y) OF THE PARENT IN THE COMPANY AND (Z) OF THE
COMPANY IN ITS SUBSIDIARIES, IN EACH CASE TO THE EXTENT MADE PRIOR TO THE
CLOSING DATE;
(IX)
INVESTMENTS CONSISTING OF THE MAKING OF CAPITAL CONTRIBUTIONS OR
THE PURCHASE OF CAPITAL STOCK (X) BY THE PARENT IN THE COMPANY, (Y) BY THE
COMPANY OR ANY SUBSIDIARY IN (I) ANY SUBSIDIARY GUARANTOR OR (II) IN ANY NEWLY
CREATED WHOLLY OWNED SUBSIDIARY THAT IS (OR IMMEDIATELY AFTER GIVING EFFECT TO
SUCH INVESTMENT WILL BE) A SUBSIDIARY GUARANTOR, PROVIDED THAT THE COMPANY
COMPLIES WITH THE PROVISIONS OF SECTION 6.10, AND PROVIDED FURTHER THAT IN NO
EVENT SHALL ANY FOREIGN SUBSIDIARY CREATE OR ACQUIRE ANY DOMESTIC SUBSIDIARY,
AND (Z) BY ANY SUBSIDIARY IN THE COMPANY;
(X)
INVESTMENTS (OTHER THAN ACQUISITIONS) CONSISTING OF THE MAKING OF
CAPITAL CONTRIBUTIONS OR THE PURCHASE OF CAPITAL STOCK BY THE COMPANY IN A
FOREIGN SUBSIDIARY, THE PROCEEDS OF WHICH WILL BE USED TO FUND ALL OR A PORTION
OF THE ACQUISITION AMOUNT FOR A PERMITTED ACQUISITION;
(XI)
INVESTMENTS (OTHER THAN ACQUISITIONS) BY THE COMPANY IN FOREIGN
SUBSIDIARIES (INCLUDING, WITHOUT LIMITATION, CAPITAL CONTRIBUTIONS MADE TO ANY
FOREIGN SUBSIDIARY, LOANS MADE TO ANY FOREIGN SUBSIDIARY, AND GUARANTEE
OBLIGATIONS WITH RESPECT TO OBLIGATIONS OF ANY SUCH FOREIGN SUBSIDIARY (OTHER
THAN GUARANTEE OBLIGATIONS UNDER SECTION 8.2(XI)) MADE AFTER THE CLOSING DATE IN
AN AGGREGATE AMOUNT NOT EXCEEDING $15,000,000 AT ANY TIME OUTSTANDING FOR ALL
SUCH INVESTMENTS; PROVIDED THAT (Y) THE AGGREGATE PERMITTED OUTSTANDING AMOUNT
FOR ALL SUCH INVESTMENTS SHALL INCREASE TO $25,000,000 UPON DELIVERY PURSUANT TO
SECTION 6.2(A) OF A COMPLIANCE CERTIFICATE INDICATING A TOTAL LEVERAGE RATIO OF
EQUAL TO OR LESS THAN 2.5 TO 1.0 AS OF THE LAST DAY OF THE REFERENCE PERIOD