COURSE OF BUSINESS AND
(III) IN CONNECTION WITH SUCH PERSON'S PURCHASE OF EQUITY INTERESTS OF HOLDINGS
(OR ANY DIRECT OR INDIRECT PARENT OF HOLDINGS) SOLELY TO THE EXTENT THAT THE
AMOUNT OF SUCH LOANS AND ADVANCES SHALL BE CONTRIBUTED TO THE BORROWERS IN CASH
AS COMMON EQUITY;
(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 PERMITTED PURSUANT TO SECTION 6.12;
(H)
INVESTMENTS EXISTING ON, OR CONTRACTUALLY COMMITTED AS OF, THE
CLOSING 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 CLOSING DATE;
(I)
INVESTMENTS RESULTING FROM PLEDGES AND DEPOSITS UNDER
SECTIONS 6.02(F), (G), (R), (S), (U) AND (EE);
(J)
OTHER INVESTMENTS BY THE BORROWERS 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 $100.0 MILLION AND 5% OF CONSOLIDATED TOTAL ASSETS AS OF THE END OF THE
FISCAL QUARTER IMMEDIATELY PRIOR TO THE DATE OF SUCH INVESTMENT FOR WHICH
FINANCIAL STATEMENTS HAVE BEEN DELIVERED PURSUANT TO SECTION 5.04 PLUS (II) THE
PORTION, IF ANY, OF THE CUMULATIVE CREDIT ON THE DATE OF SUCH ELECTION THAT THE
BORROWERS ELECT TO APPLY TO THIS SECTION 6.04(J)(II), SUCH ELECTION TO BE
SPECIFIED IN A WRITTEN NOTICE OF A RESPONSIBLE OFFICER OF THE BORROWERS
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;
(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
108
ACQUIRED BY THE BORROWERS AS A RESULT OF A FORECLOSURE BY THE BORROWERS 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
A CORPORATION MERGED INTO ANY BORROWER OR MERGED INTO OR CONSOLIDATED WITH A
SUBSIDIARY AFTER THE CLOSING DATE, IN EACH CASE, (I) TO THE EXTENT PERMITTED
UNDER THIS SECTION 6.04, (II) IN THE CASE OF ACQUISITION, ANY MERGER OR
CONSOLIDATION, IN ACCORDANCE WITH SECTION 6.05 AND (III) TO THE EXTENT THAT SUCH
INVESTMENTS WERE NOT MADE IN CONTEMPLATION OF OR IN CONNECTION WITH SUCH
ACQUISITION,