ITS SUBSIDIARIES MAY ACQUIRE AND HOLD
ACCOUNTS RECEIVABLES OWING TO IT, IF CREATED OR ACQUIRED IN THE ORDINARY COURSE
OF BUSINESS AND PAYABLE OR DISCHARGEABLE IN ACCORDANCE WITH THE CUSTOMARY TRADE
TERMS OF THE BORROWER OR ITS APPLICABLE SUBSIDIARY, AS THE CASE MAY BE;
(B)
LOANS AND ADVANCES TO EMPLOYEES, OFFICERS AND DIRECTORS IN THE
ORDINARY COURSE OF BUSINESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$2,000,000 AT ANY TIME OUTSTANDING SHALL BE PERMITTED;
(C)
SUBJECT TO CONTINUED COMPLIANCE WITH SECTION 7.18 AND THE LAST
PARAGRAPH OF SECTION 8.1 IN THE CASE OF ANY INVESTMENTS BEING MADE BY THE UNIT
SUBSIDIARY, ANY INVESTMENT
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BY ANY QUALIFIED SUBSIDIARY GUARANTOR IN THE BORROWER OR IN ANOTHER QUALIFIED
SUBSIDIARY GUARANTOR (EXCEPT THAT LOANS AND ADVANCES TO THE UNIT SUBSIDIARY
SHALL NOT BE PERMITTED);
(D)
SUBJECT TO SECTION 8.17, INVESTMENTS IN CASH, CASH EQUIVALENTS
AND, IN THE CASE OF FOREIGN SUBSIDIARIES, FOREIGN CASH EQUIVALENTS SHALL BE
PERMITTED;
(E)
INVESTMENTS BY THE BORROWER AND ITS SUBSIDIARIES PERMITTED UNDER
SECTION 8.1 AND CAPITAL EXPENDITURES PERMITTED UNDER SECTION 8.4 SHALL BE
PERMITTED;
(F)
INVESTMENTS EXISTING ON THE EFFECTIVE DATE AND LISTED ON SCHEDULE
XVI HERETO, WITHOUT GIVING EFFECT TO ANY ADDITIONS THERETO OR REPLACEMENTS
THEREOF, SHALL BE PERMITTED;
(G)
INVESTMENTS WHICH MAY BE DEEMED TO EXIST AS A RESULT OF THE
ENTERING INTO OF INTEREST RATE AGREEMENTS TO THE EXTENT PERMITTED BY
SECTION 8.3(G);
(H)
HOLDINGS MAY PURCHASE OR ACQUIRE STOCK OR SECURITIES OF OR MAKE
CAPITAL CONTRIBUTIONS TO THE BORROWER;
(I)
THE BORROWER AND QUALIFIED SUBSIDIARY GUARANTORS MAY MAKE
INTERCOMPANY LOANS AND ADVANCES TO EACH OTHER (BUT LOANS AND ADVANCES MAY NOT BE
MADE TO THE UNIT SUBSIDIARY), PROVIDED THAT IN THE CASE OF ANY SUCH LOAN OR
ADVANCE MADE PURSUANT TO THIS CLAUSE (I) THAT IS EVIDENCED BY A PROMISSORY NOTE
OR OTHER INSTRUMENT, SUCH PROMISSORY NOTE OR OTHER INSTRUMENT SHALL BE IN EACH
CASE PLEDGED PURSUANT TO THE RELEVANT PLEDGE AGREEMENT;
(J)
THE BORROWER, ANY WHOLLY-OWNED SUBSIDIARY OF THE BORROWER (OTHER
THAN THE UNIT SUBSIDIARY), HOLDINGS OR ANY UNRESTRICTED SUBSIDIARY MAY MAKE
PERMITTED ACQUISITIONS IN ACCORDANCE WITH THE TERMS OF THIS CREDIT AGREEMENT;
(K)
SO LONG AS NO DEFAULT OR EVENT OF DEFAULT IS THEN IN EXISTENCE OR
WOULD EXIST IMMEDIATELY AFTER GIVING EFFECT THERETO, THE BORROWER AND ITS
WHOLLY-OWNED SUBSIDIARIES MAY MAKE INTERCOMPANY LOANS AND ADVANCES (BUT LOANS
AND ADVANCES MAY NOT BE MADE TO THE UNIT SUBSIDIARY) TO PAY DIVIDENDS TO THE
EXTENT PERMITTED BY SECTION 8.6, PROVIDED THAT ANY SUCH LOANS OR ADVANCES THAT
ARE MADE BY A NON-CANADIAN FOREIGN SUBSIDIARY TO A CREDIT PARTY SHALL, IN EACH
CASE, BE SUBORDINATED TO THE OBLIGATIONS ON TERMS SATISFACTORY TO THE
ADMINISTRATIVE AGENT;
(L)
THE BORROWER AND ITS SUBSIDIARIES MAY ACQUIRE AND OWN INVESTMENTS
(INCLUDING DEBT OBLIGATIONS) RECEIVED IN CONNECTION WITH THE BANKRUPTCY OR
REORGANIZATION OF SUPPLIERS AND CUSTOMERS AND IN SETTLEMENT OF DELINQUENT
OBLIGATIONS OF, AND OTHER DISPUTES WITH, CUSTOMERS AND SUPPLIERS ARISING IN THE
ORDINARY COURSE OF BUSINESS;
(M)
THE BORROWER AND THE QUALIFIED SUBSIDIARY GUARANTORS MAY PURCHASE