EFFECT TO RETURNS
OF CAPITAL RECEIVED IN RESPECT OF SUCH INVESTMENTS SHALL NOT EXCEED THE
PERMITTED AMOUNT AND (3) IN THE CASE OF ANY ACQUISITION, (A) SUCH ACQUISITION
SHALL ONLY COMPRISE A BUSINESS OR THOSE ASSETS OF A BUSINESS, OF THE TYPE
GENERALLY CONDUCTED BY THE BORROWER AND ITS SUBSIDIARIES AS OF THE EFFECTIVE
DATE OR A BUSINESS REASONABLY RELATED THERETO OR A REASONABLE EXTENSION OR
EXPANSION THEREOF AND (B) SUCH ACQUISITION SHALL BE CONSENSUAL AND SHALL HAVE
BEEN APPROVED BY THE BOARD OF DIRECTORS OR EQUIVALENT GOVERNING BODY OF THE
ACQUIREE OR THE PARENT OF THE ACQUIREE;
(I) INVESTMENTS IN SWAP AGREEMENTS OTHERWISE PERMITTED BY THIS AGREEMENT;
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(J) PREPAID EXPENSES IN THE ORDINARY COURSE OF BUSINESS, LEASE, UTILITY,
WORKERS' COMPENSATION, PERFORMANCE AND OTHER SIMILAR DEPOSITS IN THE ORDINARY
COURSE OF BUSINESS AND DEPOSITS MADE BY THE BORROWER TO SECURE PHOSPHOGYPSUM
STACK LIABILITY TO THE EXTENT PERMITTED UNDER SECTION 6.02;
(K) INVESTMENTS RECEIVED AS CONSIDERATION FROM ANY SALE, LEASE, TRANSFER OR
OTHER DISPOSITION PERMITTED BY
SECTION 6.03(A);
(L) INVESTMENTS RECEIVED IN SATISFACTION OF JUDGMENTS, SETTLEMENTS OF DEBTS OR
COMPROMISES OF OBLIGATIONS OR AS CONSIDERATION FOR THE SETTLEMENT, RELEASE OR
SURRENDER OF A CONTRACT, TORT OR OTHER LITIGATION CLAIM, IN EACH CASE IN THE
ORDINARY COURSE OF BUSINESS, INCLUDING, WITHOUT LIMITATION, PURSUANT TO ANY PLAN
OF REORGANIZATION OR SIMILAR ARRANGEMENT UPON THE BANKRUPTCY OR INSOLVENCY OF
ANY TRADE CREDITOR OR CUSTOMER;
(M) INVESTMENTS THAT ARE DEEMED TO HAVE BEEN MADE AS A RESULT OF AN ACQUISITION
OF A PERSON THAT AT THE TIME OF SUCH ACQUISITION HELD INSTRUMENTS CONSTITUTING
INVESTMENTS THAT WERE NOT ACQUIRED IN CONTEMPLATION OF SUCH ACQUISITION;
(N) ADVANCES AND PREPAYMENTS FOR ASSET PURCHASES IN THE ORDINARY COURSE OF
BUSINESS;
(O) DEPOSITS OF CASH WITH BANKS OR OTHER DEPOSITORY INSTITUTIONS IN THE ORDINARY
COURSE OF BUSINESS;
(P) ANY INVESTMENT OR ACQUISITION OF ASSETS SOLELY IN EXCHANGE FOR THE ISSUANCE
OF EQUITY INTERESTS OF THE PARENT;
(Q) ANY INVESTMENT, LOAN OR ADVANCE MADE SOLELY TO FUND ANY LOAN PARTY'S
DEFERRED COMPENSATION PLANS FOR EMPLOYEES AND NON-EMPLOYEE DIRECTORS OR ANY
SUCCESSOR PLANS APPROVED BY THE BOARD OF DIRECTORS OF SUCH LOAN PARTY;
(R) INVESTMENTS CONSISTING OF EXTENSIONS OF CREDIT IN THE NATURE OF ACCOUNTS
RECEIVABLE OR NOTES RECEIVABLE ARISING FROM THE GRANTING OF TRADE CREDIT IN THE
ORDINARY COURSE OF BUSINESS;
(S) (1) INVESTMENTS IN CFL TO FUND CAPITAL EXPENDITURES BY CFL IN AN AGGREGATE
AMOUNT NOT TO EXCEED $10,000,000 DURING ANY FISCAL YEAR (PROVIDED THAT IF THE
AGGREGATE AMOUNT OF SUCH INVESTMENTS IN ANY FISCAL YEAR IS LESS THAN THE AMOUNT
PERMITTED HEREUNDER, SUCH UNUSED AMOUNT MAY BE CARRIED FORWARD AND ADDED TO THE
AMOUNT PERMITTED HEREUNDER FOR THE IMMEDIATELY SUCCEEDING FISCAL YEAR, WITH ANY
SUCH INVESTMENTS DURING SUCH SUCCEEDING FISCAL YEAR BEING ALLOCATED FIRST
AGAINST THE AMOUNT PERMITTED FOR SUCH FISCAL YEAR BEFORE BEING ALLOCATED TO SUCH
CARRYFORWARD); AND (2) OTHER INVESTMENTS IN CFL IN AN AGGREGATE AMOUNT DURING
ANY FISCAL YEAR NOT TO EXCEED THE AGGREGATE AMOUNT OF EARNINGS OF CFL
DISTRIBUTED IN CASH TO THE