MORE THAN 180 DAYS
AND A PUBLISHED RATING OF NOT LESS THAN A-1 OR P-1 (OR THE EQUIVALENT RATING),
(C) CERTIFICATES OF TIME DEPOSIT AND BANKERS' ACCEPTANCES HAVING MATURITIES OF
NOT MORE THAN 180 DAYS AND
66
REPURCHASE AGREEMENTS BACKED BY UNITED STATES GOVERNMENT SECURITIES OF A
COMMERCIAL BANK IF (I) SUCH BANK HAS A COMBINED CAPITAL AND SURPLUS OF AT LEAST
$500,000,000, OR (II) ITS DEBT OBLIGATIONS, OR THOSE OF A HOLDING COMPANY OF
WHICH IT IS A SUBSIDIARY, ARE RATED NOT LESS THAN A (OR THE EQUIVALENT RATING)
BY A NATIONALLY RECOGNIZED INVESTMENT RATING AGENCY, (D) U.S. MONEY MARKET FUNDS
THAT INVEST SOLELY IN OBLIGATIONS ISSUED OR GUARANTEED BY THE UNITED STATES OF
AMERICA OR AN AGENCY THEREOF, (E) ANY OTHER OVERNIGHT INVESTMENTS PURCHASED
THROUGH PNC; (F) ANY INVESTMENT BY A BORROWER IN ANOTHER BORROWER; (G) ANY
INVESTMENT MADE AS A RESULT OF THE RECEIPT OF NON-CASH CONSIDERATION FROM AN
ASSET SALE (AS DEFINED IN THE INDENTURE) THAT WAS MADE PURSUANT TO AND IN
COMPLIANCE WITH SECTION 4.16 OF THE INDENTURE; (H) ANY ACQUISITION OF ASSETS OR
EQUITY INTERESTS SOLELY IN EXCHANGE FOR THE ISSUANCE OF EQUITY INTERESTS OF A
BORROWER; (I) ANY INVESTMENTS RECEIVED IN COMPROMISE OR RESOLUTION OF
(1) OBLIGATIONS OF ANY PERSON OR CUSTOMER THAT WERE INCURRED IN THE ORDINARY
COURSE OF BUSINESS OF ANY BORROWER, INCLUDING PURSUANT TO ANY PLAN OF
REORGANIZATION OR SIMILAR ARRANGEMENT UPON THE BANKRUPTCY OR INSOLVENCY OF SUCH
PERSON; OR (2) LITIGATION, ARBITRATION OR OTHER DISPUTES WITH PERSONS WHO ARE
NOT AFFILIATES; (J) INVESTMENTS REPRESENTED BY DEPOSITS AND MARGIN DEPOSITS AND
OTHER CASH OR CASH EQUIVALENTS OR OTHER INVESTMENT PROPERTY DEPOSITED TO SECURE
PERFORMANCE OF HEDGING OBLIGATIONS (OR TO SECURE LETTERS OF CREDIT SECURING
HEDGING OBLIGATIONS); PROVIDED THAT (1) SUCH DEPOSITS ARE MADE IN A MANNER
WITHIN THE GENERAL PARAMETERS CUSTOMARY IN THE INDUSTRY AND INCURRED IN THE
ORDINARY COURSE OF BUSINESS AND (2) SUCH HEDGING OBLIGATIONS ARE DESIGNED SOLELY
TO PROTECT THE RELATED BORROWER FROM FLUCTUATIONS IN INTEREST RATES, CURRENCIES
OR THE PRICE OF COMMODITIES; (K) TO THE EXTENT PERMITTED BY APPLICABLE LAW,
LOANS OR ADVANCES TO EMPLOYEES IN THE ORDINARY COURSE OF BUSINESS FOR BONA FIDE
BUSINESS PURPOSES AND NOT TO EXCEED $250,000 IN THE AGGREGATE AT ANY TIME
OUTSTANDING; (L) INVESTMENTS CONSTITUTING REPURCHASES OR ACQUISITIONS OF THE
NOTES (AS DEFINED IN THE INDENTURE) TO THE EXTENT SUCH REPURCHASES ARE PERMITTED
UNDER SECTION 7.21 OF THIS AGREEMENT; (M) INVESTMENTS IN EXISTENCE ON THE DATE
HEREOF; (N) INVESTMENTS REPRESENTED BY GUARANTEES THAT ARE OTHERWISE PERMITTED
UNDER THIS AGREEMENT; (O) ENDORSEMENTS FOR COLLECTION OR DEPOSIT IN THE ORDINARY
COURSE OF BUSINESS BY ANY PERSON OF BANK DRAFTS AND SIMILAR NEGOTIABLE
INSTRUMENTS OF ANY OTHER PERSON RECEIVED AS PAYMENT FOR ORDINARY COURSE OF
BUSINESS TRADE RECEIVABLES; (P) CASH OR CASH EQUIVALENTS OR OTHER INVESTMENT
PROPERTY DEPOSITED IN THE ORDINARY COURSE OF BUSINESS TO SECURE (OR TO SECURE
LETTERS OF CREDIT SECURING) THE PERFORMANCE OF STATUTORY OBLIGATIONS (INCLUDING
OBLIGATIONS UNDER WORKER'S COMPENSATION, UNEMPLOYMENT INSURANCE OR SIMILAR
LEGISLATION), SURETY OR APPEAL BONDS,