(TO THE EXTENT SUCH PROCEEDS HAVE NOT BEEN USED FOR OTHER
PURPOSES HEREUNDER) OR CONSISTING OF THE ISSUANCE OF SUCH CAPITAL STOCK OF
HOLDINGS TO THE SELLER; AND
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(VI)
ANY INDEBTEDNESS OF THE BORROWER OR ANY SUBSIDIARY THEREOF
(INCLUDING ANY PERSON BECOMING A SUBSIDIARY OF BORROWER AS A RESULT OF SUCH
PERMITTED ACQUISITION) THAT EXISTS IMMEDIATELY AFTER CONSUMMATION OF SUCH
PERMITTED ACQUISITION IS PERMITTED UNDER SECTION 7.2;
(H)
INVESTMENTS RECEIVED IN CONNECTION WITH THE BANKRUPTCY OR
REORGANIZATION OF, OR SETTLEMENT OF DELINQUENT ACCOUNTS AND DISPUTES WITH,
CUSTOMERS AND SUPPLIERS;
(I)
THE BORROWER AND ITS SUBSIDIARIES MAY RECEIVE AND OWN SECURITIES
OR OTHER INVESTMENTS ACQUIRED PURSUANT TO DISPOSITIONS, MERGERS, CONSOLIDATIONS,
AMALGAMATIONS, LIQUIDATIONS, WIND-UPS OR DISSOLUTIONS PERMITTED PURSUANT TO
SECTIONS 7.4 OR 7.5, PROVIDED THAT, IF ANY SUCH INVESTMENT CONSTITUTES AN
INVESTMENT BY ANY LOAN PARTY IN A FOREIGN SUBSIDIARY, SUCH INVESTMENT IS
PERMITTED PURSUANT TO CLAUSE (F)(III) OR CLAUSE (S) OF THIS SECTION 7.8;
(J)
INVESTMENTS CONSISTING OF ENDORSEMENTS FOR COLLECTION OR DEPOSIT
IN THE ORDINARY COURSE OF BUSINESS;
(K)
INVESTMENTS IN DEPOSIT ACCOUNTS OPENED AND MAINTAINED IN THE
ORDINARY COURSE OF BUSINESS;
(L)
INVESTMENTS MADE USING THE CAPITAL STOCK OF HOLDINGS (SUBJECT TO
SECTION 8(K)) OR THE PROCEEDS RECEIVED BY HOLDINGS ANY OF ITS SUBSIDIARIES FROM
THE ISSUANCE OF CAPITAL STOCK OF HOLDINGS (SUBJECT TO SECTION 8(K)) TO THE
EXTENT SUCH PROCEEDS HAVE NOT BEEN USED FOR OTHER PURPOSES HEREUNDER, PROVIDED
THAT, AFTER GIVING PRO FORMA EFFECT TO THE PROPOSED INVESTMENT IN ACCORDANCE
WITH SECTION 7.1(C), THE BORROWER SHALL BE IN COMPLIANCE WITH THE FINANCIAL
COVENANTS SET FORTH IN SECTION 7.1;
(M)
INVESTMENTS (OTHER THAN INVESTMENTS BY ANY LOAN PARTY IN ANY
FOREIGN SUBSIDIARY) IN EXISTENCE ON THE CLOSING DATE AND, IN THE CASE OF ANY
INVESTMENT IN EXCESS OF $25,000,000, LISTED ON SCHEDULE 7.8(M), AND EXTENSIONS,
RENEWALS, MODIFICATIONS, OR RESTATEMENTS OR REPLACEMENTS THEREOF, PROVIDED THAT
NO SUCH EXTENSION, RENEWAL, MODIFICATION, RESTATEMENT OR REPLACEMENT SHALL (I)
INCREASE THE AMOUNT OF THE ORIGINAL INVESTMENT OR (II) ADVERSELY AFFECT THE
INTERESTS OF THE LENDERS WITH RESPECT TO SUCH ORIGINAL INVESTMENT, OR THE
INTERESTS OF THE LENDERS UNDER THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, IN
ANY MATERIAL RESPECT;
(N)
INVESTMENTS IN HEDGE AGREEMENTS RELATING TO THE BUSINESSES AND
FINANCES OF THE BORROWER IN OR ANY OF ITS SUBSIDIARIES AND NOT FOR PURPOSES OF
SPECULATION;
(O)
INVESTMENTS BY THE BORROWER OR ANY OF ITS SUBSIDIARIES IN JOINT
VENTURES ENGAGED PRIMARILY IN ONE OR MORE BUSINESSES IN WHICH THE BORROWER AND
ITS SUBSIDIARIES ARE ENGAGED OR GENERALLY RELATED THERETO IN AN AGGREGATE AMOUNT
(VALUED AT COST, WITHOUT REGARD TO ANY WRITE-UPS OR WRITE-DOWNS THEREOF) NOT TO
EXCEED $10,000,000 IN ANY FISCAL YEAR OF HOLDINGS; PROVIDED THAT, AT THE TIME OF
AND AFTER GIVING EFFECT TO SUCH INVESTMENTS, NO DEFAULT OR EVENT OF DEFAULT
SHALL HAVE OCCURRED AND BE CONTINUING OR WOULD RESULT THEREFROM;
(P)
INVESTMENTS PERMITTED BY SECTION 7.2(E), 7.2(Q), 7.6 (OTHER THAN
CLAUSE (K) THEREOF) AND 7.7;
91
(Q)
ANY INVESTMENT BY THE BORROWER OR A SUBSIDIARY OF THE BORROWER