SALES, TRADE-INS OR DISPOSITIONS OF USED
EQUIPMENT FOR VALUE IN THE ORDINARY COURSE OF BUSINESS CONSISTENT WITH PAST
PRACTICE, (C) ENTER INTO LICENSES OF TECHNOLOGY IN THE ORDINARY COURSE OF
BUSINESS, AND (D) MAKE ANY OTHER SALES, TRANSFERS, LEASES OR DISPOSITIONS THAT,
TOGETHER WITH ALL OTHER PROPERTY OF THE COMPANY AND ITS SUBSIDIARIES PREVIOUSLY
LEASED, SOLD OR DISPOSED OF AS PERMITTED BY THIS CLAUSE (D) DURING ANY FISCAL
YEAR OF THE COMPANY, DOES NOT EXCEED $5,000,000.
(B)
THE COMPANY WILL NOT, AND WILL NOT PERMIT ANY OF ITS SUBSIDIARIES TO,
ENGAGE TO ANY MATERIAL EXTENT IN ANY BUSINESS OTHER THAN BUSINESSES OF THE TYPE
CONDUCTED BY THE COMPANY AND ITS SUBSIDIARIES ON THE DATE OF EXECUTION OF THIS
AGREEMENT AND BUSINESSES REASONABLY RELATED THERETO.
(C)
THE COMPANY WILL NOT, NOR WILL IT PERMIT ANY OF ITS SUBSIDIARIES TO, CHANGE
ITS FISCAL YEAR FROM THE BASIS IN EFFECT ON THE EFFECTIVE DATE.
SECTION 6.04.
INVESTMENTS, LOANS, ADVANCES, GUARANTEES AND ACQUISITIONS.
THE
COMPANY WILL NOT, AND WILL NOT PERMIT ANY OF ITS SUBSIDIARIES TO, PURCHASE, HOLD
OR ACQUIRE (INCLUDING
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PURSUANT TO ANY MERGER WITH ANY PERSON THAT WAS NOT A WHOLLY OWNED SUBSIDIARY
PRIOR TO SUCH MERGER) ANY CAPITAL STOCK, EVIDENCES OF INDEBTEDNESS OR OTHER
SECURITIES (INCLUDING ANY OPTION, WARRANT OR OTHER RIGHT TO ACQUIRE ANY OF THE
FOREGOING) OF, MAKE OR PERMIT TO EXIST ANY LOANS OR ADVANCES TO, GUARANTEE ANY
OBLIGATIONS OF, OR MAKE OR PERMIT TO EXIST ANY INVESTMENT OR ANY OTHER INTEREST
IN, ANY OTHER PERSON, OR PURCHASE OR OTHERWISE ACQUIRE (IN ONE TRANSACTION OR A
SERIES OF TRANSACTIONS) ANY PERSON OR ANY ASSETS OF ANY OTHER PERSON
CONSTITUTING A BUSINESS UNIT, EXCEPT:
(A)
PERMITTED INVESTMENTS;
(B)
PERMITTED ACQUISITIONS;
(C)
INVESTMENTS BY THE COMPANY AND ITS SUBSIDIARIES EXISTING ON THE DATE HEREOF
IN THE CAPITAL STOCK OF THE SUBSIDIARIES;
(D)
INVESTMENTS, LOANS OR ADVANCES MADE BY THE COMPANY IN OR TO ANY SUBSIDIARY
AND MADE BY ANY SUBSIDIARY TO THE COMPANY (PROVIDED THAT (I) NOT MORE THAN AN
AGGREGATE AMOUNT OF $7,500,000 IN INVESTMENTS, LOANS OR ADVANCES OR CAPITAL
CONTRIBUTIONS MAY BE MADE AND REMAIN OUTSTANDING, DURING THE TERM OF THIS
AGREEMENT, BY LOAN PARTIES TO SUBSIDIARIES WHICH ARE NOT LOAN PARTIES AND
(II) INVESTMENTS, LOANS AND ADVANCES TO ANY SUBSIDIARY OF THE SWISS BORROWER
WHICH ARE FUNDED WITH THE PROCEEDS OF ANY LOANS HEREUNDER SHALL BE BORROWED BY
THE SWISS BORROWER UNTIL THE SWISS BORROWER SUBLIMIT IS FULLY UTILIZED AND
THEREAFTER BY THE COMPANY);
(E)
GUARANTEES CONSTITUTING INDEBTEDNESS PERMITTED BY SECTION 6.01;
(F)
INVESTMENTS IN JOINT VENTURES SO LONG AS THE AGGREGATE AMOUNT OF ALL SUCH
INVESTMENTS, WHEN AGGREGATED WITH THE AGGREGATE CONSIDERATION PAID IN RESPECT OF
PERMITTED ACQUISITIONS, DOES NOT EXCEED THE PERMITTED ACQUISITION/JV AMOUNT
DURING THE TERM OF THIS AGREEMENT; AND
(G)
ANY OTHER INVESTMENT, LOAN OR ADVANCE (OTHER THAN ACQUISITIONS) SO LONG AS
THE AGGREGATE AMOUNT OF ALL SUCH INVESTMENTS, LOANS AND ADVANCES DOES NOT EXCEED
$5,000,000 DURING THE TERM OF THIS AGREEMENT.
SECTION 6.05.
SWAP AGREEMENTS.
THE COMPANY WILL NOT, AND