IN CASH AS COMMON EQUITY;
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(F)
ACCOUNTS RECEIVABLE, SECURITY DEPOSITS AND PREPAYMENTS ARISING AND
TRADE CREDIT GRANTED IN THE ORDINARY COURSE OF BUSINESS AND ANY ASSETS OR
SECURITIES RECEIVED IN SATISFACTION OR PARTIAL SATISFACTION THEREOF FROM
FINANCIALLY TROUBLED ACCOUNT DEBTORS TO THE EXTENT REASONABLY NECESSARY IN ORDER
TO PREVENT OR LIMIT LOSS AND ANY PREPAYMENTS AND OTHER CREDITS TO SUPPLIERS MADE
IN THE ORDINARY COURSE OF BUSINESS;
(G)
SWAP AGREEMENTS;
(H)
INVESTMENTS EXISTING ON, OR CONTRACTUALLY COMMITTED AS OF, THE
AMENDMENT EFFECTIVE DATE AND SET FORTH ON SCHEDULE 6.04
AND ANY EXTENSIONS,
RENEWALS OR REINVESTMENTS THEREOF, SO LONG AS THE AGGREGATE AMOUNT OF ALL
INVESTMENTS PURSUANT TO THIS CLAUSE (H) IS NOT INCREASED AT ANY TIME ABOVE THE
AMOUNT OF SUCH INVESTMENT EXISTING ON THE AMENDMENT EFFECTIVE DATE;
(I)
INVESTMENTS RESULTING FROM PLEDGES AND DEPOSITS UNDER
SECTIONS 6.02(F), (G), (K), (R), (S), AND (U);
(J)
OTHER INVESTMENTS BY THE COMPANY OR ANY SUBSIDIARY IN AN AGGREGATE
AMOUNT (VALUED AT THE TIME OF THE MAKING THEREOF, AND WITHOUT GIVING EFFECT TO
ANY WRITE‐DOWNS OR WRITE‐OFFS THEREOF) NOT TO EXCEED (I) THE GREATER OF $225
MILLION AND 6.5% OF CONSOLIDATED TOTAL ASSETS AS OF THE END OF THE FISCAL
QUARTER IMMEDIATELY PRIOR TO THE DATE OF SUCH INCURRENCE FOR WHICH FINANCIAL
STATEMENTS HAVE BEEN DELIVERED PURSUANT TO SECTION 5.04 (PLUS
ANY RETURNS OF
CAPITAL ACTUALLY RECEIVED BY THE RESPECTIVE INVESTOR IN RESPECT OF INVESTMENTS
THERETOFORE MADE BY IT PURSUANT TO THIS PARAGRAPH (J)) PLUS
(II) THE PORTION,
IF ANY, OF THE CUMULATIVE CREDIT ON THE DATE OF SUCH ELECTION THAT THE COMPANY
ELECTS TO APPLY TO THIS SECTION 6.04(J)(II), SUCH ELECTION TO BE SPECIFIED IN A
WRITTEN NOTICE OF A RESPONSIBLE OFFICER OF THE COMPANY CALCULATING IN REASONABLE
DETAIL THE AMOUNT OF CUMULATIVE CREDIT IMMEDIATELY PRIOR TO SUCH ELECTION AND
THE AMOUNT THEREOF ELECTED TO BE SO APPLIED;
(K)
INVESTMENTS CONSTITUTING PERMITTED BUSINESS ACQUISITIONS AND
INVESTMENTS CONSTITUTING THE SPECIFIED STOCK PURCHASES;
(L)
INTERCOMPANY LOANS BETWEEN FOREIGN SUBSIDIARIES AND GUARANTEES BY
FOREIGN SUBSIDIARIES PERMITTED BY SECTION 6.01(M);
(M)
INVESTMENTS RECEIVED IN CONNECTION WITH THE BANKRUPTCY OR
REORGANIZATION OF, OR SETTLEMENT OF DELINQUENT ACCOUNTS AND DISPUTES WITH OR
JUDGMENTS AGAINST, CUSTOMERS AND SUPPLIERS, IN EACH CASE IN THE ORDINARY COURSE
OF BUSINESS OR INVESTMENTS ACQUIRED BY THE COMPANY AS A RESULT OF A FORECLOSURE
BY THE COMPANY OR ANY OF THE SUBSIDIARIES WITH RESPECT TO ANY SECURED
INVESTMENTS OR OTHER TRANSFER OF TITLE WITH RESPECT TO ANY SECURED INVESTMENT IN
DEFAULT;
(N)
INVESTMENTS OF A SUBSIDIARY ACQUIRED AFTER THE CLOSING DATE OR OF AN
ENTITY MERGED INTO THE COMPANY OR MERGED INTO OR CONSOLIDATED WITH A SUBSIDIARY
AFTER THE CLOSING DATE, IN EACH CASE, TO THE EXTENT PERMITTED UNDER THIS
SECTION 6.04 AND, IN THE CASE OF ANY MERGER OR CONSOLIDATION, IN ACCORDANCE WITH
SECTION 6.05 TO THE EXTENT THAT SUCH INVESTMENTS WERE NOT MADE IN CONTEMPLATION
OF OR IN CONNECTION WITH SUCH ACQUISITION,
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MERGER OR CONSOLIDATION AND WERE IN EXISTENCE ON THE DATE OF SUCH ACQUISITION,
MERGER OR CONSOLIDATION;