TAKEN AS A WHOLE.
6.12.8
THE DISCOUNT OR SALE, IN EACH CASE WITHOUT RECOURSE AND IN THE ORDINARY
COURSE OF BUSINESS, OF RECEIVABLES MORE THAN 90 DAYS OVERDUE AND ARISING IN THE
ORDINARY COURSE OF BUSINESS, BUT ONLY IN CONNECTION WITH THE COMPROMISE OR
COLLECTION THEREOF CONSISTENT WITH CUSTOMARY INDUSTRY PRACTICE (AND NOT AS PART
OF ANY BULK SALE OR FINANCING OF RECEIVABLES).
6.12.9
LEASES OR SUBLEASES OR LICENSES OF REAL PROPERTY TO OTHER PERSONS NOT
MATERIALLY INTERFERING WITH THE BUSINESS OF THE PARENT AND ITS SUBSIDIARIES,
TAKEN AS A WHOLE.
6.12.10
LEASES, SALES OR OTHER DISPOSITIONS OF ITS PROPERTY THAT (I) ARE FOR
CONSIDERATION CONSISTING AT LEAST SEVENTY-FIVE PERCENT (75%) OF CASH, (II) ARE
FOR NOT LESS THAN FAIR MARKET VALUE, AND (III) TOGETHER WITH ALL OTHER PROPERTY
OF THE PARENT, THE BORROWER AND THE SUBSIDIARIES PREVIOUSLY LEASED, SOLD OR
DISPOSED OF (OTHER THAN DISPOSITIONS OTHERWISE PERMITTED BY THIS SECTION 6.12)
AS PERMITTED BY THIS SECTION 6.12.10 DURING THE TWELVE-MONTH PERIOD ENDING WITH
THE MONTH IN WHICH ANY SUCH LEASE, SALE OR OTHER DISPOSITION OCCURS, DO NOT
EXCEED $30,000,000 IN THE AGGREGATE.
6.12.11
DISPOSITIONS OF CASH EQUIVALENT INVESTMENTS IN THE ORDINARY COURSE OF
BUSINESS.
6.12.12
DISPOSITIONS OF SHARES OF THE PARENT'S CAPITAL STOCK THAT HAVE BEEN
REPURCHASED BY THE PARENT AND HELD IN TREASURY.
6.13.
INVESTMENTS AND ACQUISITIONS.
THE PARENT AND THE BORROWER WILL
NOT, NOR WILL THEY PERMIT ANY SUBSIDIARY TO, MAKE OR SUFFER TO EXIST ANY
INVESTMENTS (INCLUDING WITHOUT LIMITATION, LOANS AND ADVANCES TO, AND OTHER
INVESTMENTS IN, SUBSIDIARIES), OR TO CREATE ANY SUBSIDIARY OR TO BECOME OR
REMAIN A PARTNER IN ANY PARTNERSHIP OR JOINT VENTURE, OR TO MAKE ANY ACQUISITION
OF ANY PERSON, EXCEPT:
6.13.1
CASH AND CASH EQUIVALENT INVESTMENTS.
6.13.2
EXISTING INVESTMENTS IN SUBSIDIARIES AND OTHER INVESTMENTS IN EXISTENCE
ON THE RESTATEMENT EFFECTIVE DATE AND DESCRIBED IN SCHEDULE 6.13 AND ANY RENEWAL
OR EXTENSION OF ANY SUCH INVESTMENTS THAT DOES NOT INCREASE THE AMOUNT OF THE
INVESTMENT BEING RENEWED OR EXTENDED AS DETERMINED AS OF SUCH DATE OF RENEWAL OR
EXTENSION.
6.13.3
INVESTMENTS IN TRADE RECEIVABLES OR RECEIVED IN CONNECTION WITH THE
BANKRUPTCY OR REORGANIZATION OF SUPPLIERS AND CUSTOMERS AND IN SETTLEMENT OF
DELINQUENT
53
OBLIGATIONS OF, AND OTHER DISPUTES WITH, CUSTOMERS AND SUPPLIERS ARISING IN THE
ORDINARY COURSE OF BUSINESS.
6.13.4
INVESTMENTS CONSISTING OF INTERCOMPANY LOANS PERMITTED UNDER SECTION
6.14.6.
6.13.5
ACQUISITIONS MEETING THE FOLLOWING REQUIREMENTS OR OTHERWISE APPROVED BY
THE REQUIRED LENDERS (EACH SUCH ACQUISITION CONSTITUTING A "PERMITTED
ACQUISITION"):
(I)
AS OF THE DATE OF THE CONSUMMATION OF
SUCH ACQUISITION, NO DEFAULT OR UNMATURED DEFAULT SHALL HAVE OCCURRED AND BE
CONTINUING OR WOULD RESULT FROM SUCH ACQUISITION, AND THE REPRESENTATION AND
WARRANTY CONTAINED IN SECTION 5.11 SHALL BE TRUE BOTH BEFORE AND AFTER GIVING
EFFECT TO SUCH ACQUISITION;
(II)
SUCH ACQUISITION IS INITIATED BY BORROWER
AND CONSUMMATED ON A NON-HOSTILE BASIS AND CONSUMMATED PURSUANT TO A NEGOTIATED
ACQUISITION AGREEMENT APPROVED BY THE BOARD OF DIRECTORS OR OTHER APPLICABLE
GOVERNING BODY OF THE SELLER OR ENTITY TO BE ACQUIRED;
(III)
THE BUSINESS