WITH ANY INVESTMENT FOR TAX
PLANNING PURPOSES IN THE ORDINARY COURSE OF THE BORROWER'S BUSINESS);
(III)
INVESTMENTS (A) RECEIVED IN SATISFACTION OR PARTIAL
SATISFACTION THEREOF FROM FINANCIALLY TROUBLED ACCOUNT DEBTORS OR IN CONNECTION
WITH THE SETTLEMENT OF DELINQUENT ACCOUNTS AND DISPUTES WITH CUSTOMERS AND
SUPPLIERS, OR (B) RECEIVED IN SETTLEMENT OF DEBTS CREATED IN THE ORDINARY COURSE
OF BUSINESS AND OWING TO THE BORROWER OR ANY OF ITS SUBSIDIARIES OR IN
SATISFACTION OF JUDGMENTS;
(IV)
INVESTMENTS (A) IN THE FORM OF DEPOSITS, PREPAYMENTS AND
OTHER CREDITS TO SUPPLIERS MADE IN THE ORDINARY COURSE OF BUSINESS CONSISTENT
WITH CURRENT MARKET PRACTICES OR (B) IN THE FORM OF PREPAID EXPENSES AND
DEPOSITS TO OTHER PERSONS IN THE ORDINARY COURSE OF BUSINESS;
56
(V)
GUARANTIES OF LEASES AND TRADE PAYABLES AND OTHER SIMILAR OBLIGATIONS
ENTERED INTO IN THE ORDINARY COURSE OF BUSINESS;
(VI)
INVESTMENTS REQUIRED IN THE REASONABLE JUDGMENT OF THE BORROWER AND
ITS SUBSIDIARIES (TAKING INTO ACCOUNT, AMONG OTHER THINGS, THE IMPACT OF ANY
SUCH INVESTMENTS ON THE LIQUIDITY POSITION OF THE BORROWER AND ITS SUBSIDIARIES)
AND ENTERED INTO IN THE ORDINARY COURSE OF BUSINESS OF THE BORROWER AND ITS
SUBSIDIARIES CONSISTENT WITH PAST PRACTICE, TO PRESERVE THE VALUE OF ANY
EXISTING INVESTMENT OR AVOID OR MITIGATE A LOSS UNDER ANY GUARANTEE, LOSS
SHARING OR INDEMNIFICATION AGREEMENT EXISTING ON THE DATE HEREOF; AND
(VII)
INVESTMENTS BY THE BORROWER AND ITS SUBSIDIARIES EXISTING ON THE DATE
HEREOF AND DESCRIBED IN THE MOST RECENT FORM 10-K (AS AMENDED) OR FORM 10-Q OF
THE BORROWER FILED WITH THE SEC PRIOR TO THE CLOSING DATE, OR IF NOT SO
DESCRIBED IN SUCH FORM 10-K OR FORM 10-Q, AS DESCRIBED ON SCHEDULE 5.02(E) AND
ADDITIONAL INVESTMENTS BY THE BORROWER AND ITS SUBSIDIARIES TO THE EXTENT THAT
SUCH INVESTMENTS ARE REQUIRED PURSUANT TO AGREEMENTS EXISTING ON THE DATE HEREOF
(INCLUDING, FOR THE AVOIDANCE OF DOUBT, INVESTMENTS PURSUANT TO EXISTING
SERVICING AGREEMENTS AND INVESTMENTS IN REO PROPERTY PURSUANT TO EXISTING
AGREEMENTS) AND, TO THE EXTENT THAT THE AGGREGATE AMOUNT OF UNFUNDED OBLIGATIONS
IN RESPECT OF ANY SUCH INVESTMENTS IS GREATER THAN $2,000,000, SUCH AGREEMENTS
AND REQUIRED INVESTMENTS ARE DESCRIBED ON SCHEDULE 5.02(E) HERETO; PROVIDED
THAT, IMMEDIATELY BEFORE AND IMMEDIATELY AFTER GIVING EFFECT TO ANY SUCH
INVESTMENT (OTHER THAN SERVICING ADVANCES UNDER SERVICING AGREEMENTS), NO EVENT
OF DEFAULT OF THE TYPE DESCRIBED IN PARAGRAPHS (A), (C) (TO THE EXTENT RESULTING
FROM A BREACH OF SECTION 5.04) OR (F) OF SECTION 6.01 SHALL HAVE OCCURRED AND BE
CONTINUING.
(F)
DISPOSITION OF ASSETS.
SELL OR OTHERWISE DISPOSE OF, OR PERMIT
ANY OF ITS SUBSIDIARIES TO SELL OR OTHERWISE DISPOSE OF (INCLUDING IN EACH CASE
PURSUANT TO ANY SETTLEMENT IN RESPECT OF ANY ASSETS), ALL OR SUBSTANTIALLY ALL
OF THE ASSETS OF THE BORROWER AND ITS SUBSIDIARIES, TAKEN AS A WHOLE.
(G)
NATURE OF BUSINESS.
ENTER INTO, OR PERMIT ANY OF ITS SUBSIDIARIES
TO ENTER INTO ANY BUSINESS OF A NATURE OR TYPE OTHER THAN THOSE CONDUCTED AT OR
PRIOR TO THE CLOSING DATE OR THAT ARE REASONABLY RELATED THERETO.
(H)
MERGERS.