CONTEMPLATED THEREBY) AND (III) ANY INTERCOMPANY LOAN MADE PURSUANT TO THIS
CLAUSE (C) SHALL CEASE TO BE PERMITTED HEREUNDER IF THE OBLIGOR OR OBLIGEE
THEREUNDER CEASES TO BE THE BORROWER OR A QUALIFIED SUBSIDIARY AS CONTEMPLATED
ABOVE;
(D)
LOANS AND ADVANCES TO OFFICERS, DIRECTORS AND EMPLOYEES IN THE
ORDINARY COURSE OF BUSINESS (X) FOR RELOCATION PURPOSES AND/OR THE PURCHASE FROM
THE BORROWER OF THE CAPITAL STOCK (OR OPTIONS OR WARRANTS RELATING THERETO) OF
THE BORROWER AND (Y) OTHERWISE IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$1.0 MILLION AT ANY TIME OUTSTANDING SHALL BE PERMITTED;
(E)
THE BORROWER AND EACH SUBSIDIARY MAY ACQUIRE AND OWN INVESTMENTS
(INCLUDING DEBT OBLIGATIONS) RECEIVED IN CONNECTION WITH THE BANKRUPTCY OR
REORGANIZATION OF SUPPLIERS AND CUSTOMERS AND IN SETTLEMENT OF DELINQUENT
OBLIGATIONS OF, AND OTHER DISPUTES WITH, CUSTOMERS AND SUPPLIERS ARISING IN THE
ORDINARY COURSE OF BUSINESS;
(F)
INTEREST RATE AGREEMENTS ENTERED IN COMPLIANCE WITH SECTION
7.04(D) SHALL BE PERMITTED;
(G)
INVESTMENTS IN EXISTENCE ON THE EFFECTIVE DATE AND LISTED ON ANNEX
VII (EXCLUDING INTERCOMPANY DEBT), WITHOUT GIVING EFFECT TO ANY ADDITIONS
THERETO OR REPLACEMENTS THEREOF, SHALL BE PERMITTED;
(H)
THE BORROWER AND EACH QUALIFIED SUBSIDIARY MAY MAKE CAPITAL
CONTRIBUTIONS (INCLUDING BY WAY OF THE CAPITALIZATION OF AN INTERCOMPANY LOAN)
(I) TO ANY OF THEIR RESPECTIVE SUBSIDIARIES, TO THE EXTENT A SUBSIDIARY
GUARANTOR AND (II) TO ANY QUALIFIED SUBSIDIARY THAT IS NOT A SUBSIDIARY
GUARANTOR, SO LONG AS, IN THE CASE OF THIS SUBCLAUSE (II), (X) NO DEFAULT OR
EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING AT THE TIME OF THE RESPECTIVE
CONTRIBUTION AND (Y) IN THE CASE OF ANY CONTRIBUTION TO A QUALIFIED SUBSIDIARY
OF THE TYPE REFERRED TO IN CLAUSE (III) OF THE DEFINITION THEREOF, THE PRO FORMA
EBITDA TEST IS SATISFIED;
62
(I)
THE BORROWER AND ITS SUBSIDIARIES MAY (X) ESTABLISH AND/OR CREATE
SUBSIDIARIES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 7.07 AND (Y) MAKE
INVESTMENTS THEREIN AS OTHERWISE PROVIDED IN THIS SECTION 7.06;
(J)
PERMITTED ACQUISITIONS MAY BE CONSUMMATED IN ACCORDANCE WITH THE
REQUIREMENTS OF SECTION 6.10;
(K)
THE BORROWER AND ITS SUBSIDIARIES MAY ACQUIRE AND HOLD INVESTMENTS
CONSISTING OF NON-CASH CONSIDERATION RECEIVED FROM SALES OF ASSETS EFFECTED IN
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 7.02(F);
(L)
SO LONG AS NO DEFAULT OR EVENT OF DEFAULT EXISTS OR WOULD EXIST
IMMEDIATELY AFTER GIVING EFFECT TO THE RESPECTIVE INVESTMENT, THE BORROWER AND
ITS QUALIFIED SUBSIDIARIES SHALL BE PERMITTED TO MAKE INVESTMENTS IN (X) ANY
RESTRICTED INVESTMENT ENTITY ON ANY DATE IN AN AMOUNT (IN THE CASE OF A NON-CASH
INVESTMENT, TAKING THE FAIR MARKET VALUE OF THE ASSET SO INVESTED (AS DETERMINED
IN GOOD FAITH BY SENIOR MANAGEMENT OF THE BORROWER)) NOT TO EXCEED THE AVAILABLE
BASKET AMOUNT ON SUCH DATE (AFTER GIVING EFFECT TO ALL PRIOR AND CONTEMPORANEOUS
ADJUSTMENTS THERETO, EXCEPT AS A RESULT OF SUCH INVESTMENT) AND (Y) ANY
UNRESTRICTED SUBSIDIARY ON ANY DATE IN AN AMOUNT (IN THE CASE OF A NON-CASH
INVESTMENT, TAKING THE FAIR MARKET VALUE OF THE ASSET SO INVESTED (AS DETERMINED
IN GOOD