THE DATE OF ACQUISITION THEREOF;
(D)
FULLY COLLATERALIZED REPURCHASE AGREEMENTS
WITH A TERM OF NOT MORE THAN THIRTY (30) DAYS FOR SECURITIES DESCRIBED IN CLAUSE
(A) ABOVE (WITHOUT REGARD TO THE LIMITATION ON MATURITY CONTAINED IN SUCH
CLAUSE) AND ENTERED INTO WITH A FINANCIAL INSTITUTION SATISFYING THE CRITERIA
DESCRIBED IN CLAUSE (C) ABOVE OR WITH ANY PRIMARY DEALER AND HAVING A MARKET
VALUE AT THE TIME THAT SUCH REPURCHASE AGREEMENT IS ENTERED INTO OF
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not less than 100% of the repurchase obligation of such counterparty entity with
whom such repurchase agreement has been entered into;
(E)
INVESTMENTS, CLASSIFIED IN ACCORDANCE WITH
GAAP AS CURRENT ASSETS OF THE LOAN PARTIES, IN ANY MONEY MARKET FUND, MUTUAL
FUND, OR OTHER INVESTMENT COMPANIES THAT ARE REGISTERED UNDER THE INVESTMENT
COMPANY ACT OF 1940, AS AMENDED, WHICH ARE ADMINISTERED BY FINANCIAL
INSTITUTIONS THAT HAVE THE HIGHEST RATING OBTAINABLE FROM EITHER MOODY'S OR S&P,
AND WHICH INVEST SOLELY IN ONE OR MORE OF THE TYPES OF SECURITIES DESCRIBED IN
CLAUSES (A) THROUGH (D) ABOVE;
(F)
INVESTMENTS EXISTING ON THE CLOSING DATE,
AND SET FORTH ON SCHEDULE 7.02, BUT NOT ANY INCREASE IN THE AMOUNT THEREOF OR
ANY OTHER MODIFICATION OF THE TERMS THEREOF;
(G)
(I) INVESTMENTS BY ANY LOAN PARTY AND ITS
SUBSIDIARIES IN THEIR RESPECTIVE SUBSIDIARIES OUTSTANDING ON THE DATE HEREOF,
(II) ADDITIONAL INVESTMENTS BY ANY LOAN PARTY AND ITS SUBSIDIARIES IN ANY OTHER
LOAN PARTY (PROVIDED THAT THE LEAD BORROWER SHALL BE PERMITTED TO MAKE
ADDITIONAL INVESTMENTS IN TWIN BROOK IN AN AGGREGATE AMOUNT NOT TO EXCEED
$750,000 IN ANY FISCAL YEAR), AND (III) ADDITIONAL INVESTMENTS BY ANY LOAN PARTY
IN SUBSIDIARIES THAT ARE NOT LOAN PARTIES NOT TO EXCEED $1,000,000 IN THE
AGGREGATE IN ANY FISCAL YEAR;
(H)
SO LONG AS NO EVENT OF DEFAULT SHALL HAVE
OCCURRED AND BE CONTINUING, OR WOULD RESULT THEREFROM, THE LEAD BORROWER MAY
MAKE LOANS AND ADVANCES TO ITS SUBSIDIARIES IN AN AGGREGATE AMOUNT NOT TO EXCEED
$5,000,000 AT ANY TIME OUTSTANDING;
(I)
INTERCOMPANY LOANS AND ADVANCES OR OTHER
INTERCOMPANY INDEBTEDNESS PERMITTED PURSUANT TO CLAUSES (B), (C), (E) AND (J) OF
THE DEFINITION OF PERMITTED INDEBTEDNESS;
(J)
INVESTMENTS CONSISTING OF EXTENSIONS OF
CREDIT IN THE NATURE OF ACCOUNTS RECEIVABLE OR NOTES RECEIVABLE ARISING FROM THE
GRANT OF TRADE CREDIT IN THE ORDINARY COURSE OF BUSINESS, AND INVESTMENTS
RECEIVED IN SATISFACTION OR PARTIAL SATISFACTION THEREOF FROM FINANCIALLY
TROUBLED ACCOUNT DEBTORS TO THE EXTENT REASONABLY NECESSARY IN ORDER TO PREVENT
OR LIMIT LOSS;
(K)
GUARANTEES CONSTITUTING PERMITTED
INDEBTEDNESS;
(L)
INVESTMENTS RECEIVED IN CONNECTION WITH
THE BANKRUPTCY OR REORGANIZATION OF, OR SETTLEMENT OF DELINQUENT ACCOUNTS AND
DISPUTES WITH, CUSTOMERS AND SUPPLIERS, IN EACH CASE IN THE ORDINARY COURSE OF
BUSINESS;
(M)
SO LONG AS NO EVENT OF DEFAULT SHALL HAVE
OCCURRED AND BE CONTINUING, OR WOULD RESULT THEREFROM, (I) LOANS AND ADVANCES TO
OFFICERS, DIRECTORS AND EMPLOYEES OF THE LOAN PARTIES AND SUBSIDIARIES IN THE
ORDINARY COURSE OF BUSINESS FOR TRAVEL, ENTERTAINMENT, RELOCATION AND ANALOGOUS
BUSINESS PURPOSES, AND (II) OTHER LOANS AND ADVANCES TO OFFICERS, DIRECTORS AND