COMMON EQUITY));
(D)
INVESTMENTS BY HOLDINGS IN THE COMPANY AND
BY THE COMPANY AND THE SUBSIDIARIES THAT ARE LOAN PARTIES IN EQUITY INTERESTS IN
THEIR RESPECTIVE SUBSIDIARIES THAT ARE LOAN PARTIES; PROVIDED THAT ANY SUCH
EQUITY INTEREST SHALL BE PLEDGED PURSUANT TO THE SECURITY AGREEMENT (SUBJECT TO
THE LIMITATIONS REFERRED TO IN SECTION 5.11);
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(E)
LOANS OR ADVANCES MADE BY THE COMPANY TO ANY
SUBSIDIARY THAT IS A LOAN PARTY AND MADE BY ANY SUBSIDIARY THAT IS A LOAN PARTY
TO THE COMPANY OR ANY OTHER SUBSIDIARY THAT IS A LOAN PARTY;
(F)
GUARANTEES CONSTITUTING INDEBTEDNESS
PERMITTED BY SECTION 6.01 BY LOAN PARTIES OF ANY INDEBTEDNESS OF OTHER LOAN
PARTIES;
(G)
INVESTMENTS IN THE FORM OF SWAP AGREEMENTS
PERMITTED BY SECTION 6.07;
(H)
INVESTMENTS OF ANY PERSON EXISTING AT THE
TIME SUCH PERSON BECOMES A SUBSIDIARY OF THE COMPANY OR CONSOLIDATES OR MERGES
WITH THE COMPANY OR ANY OF THE SUBSIDIARIES (INCLUDING IN CONNECTION WITH A
PERMITTED ACQUISITION) SO LONG AS SUCH INVESTMENTS WERE NOT MADE IN
CONTEMPLATION OF SUCH PERSON BECOMING A SUBSIDIARY OR OF SUCH MERGER;
(I)
INVESTMENTS RECEIVED IN CONNECTION WITH
THE DISPOSITIONS OF ASSETS PERMITTED BY SECTION 6.05;
(J)
INVESTMENTS CONSTITUTING DEPOSITS
DESCRIBED IN CLAUSES (D) AND (E) OF THE DEFINITION OF THE TERM "PERMITTED
ENCUMBRANCES";
(K)
ACCOUNTS RECEIVABLE OR NOTES RECEIVABLE
ARISING AND TRADE CREDIT GRANTED IN THE ORDINARY COURSE OF BUSINESS AND OTHER
CREDITS TO SUPPLIERS OR VENDORS IN THE ORDINARY COURSE OF BUSINESS;
(L)
PERMITTED ACQUISITIONS;
(M)
LIENS, INDEBTEDNESS, FUNDAMENTAL CHANGES,
DISPOSITIONS AND RESTRICTED PAYMENTS PERMITTED UNDER SECTIONS 6.01, 6.02, 6.03
(EXCEPT TO THE EXTENT CONSTITUTING THE ACQUISITION OF AN ENTITY THAT BECOMES A
SUBSIDIARY OR THE ACQUISITION BY THE COMPANY OR ANY SUBSIDIARY OF ALL OR
SUBSTANTIALLY ALL THE ASSETS OR BUSINESSES OF A PERSON OR OF ASSETS CONSTITUTING
A BUSINESS UNIT, LINE OF BUSINESS OR DIVISION OF SUCH PERSON), 6.05, 6.06 AND
6.08, RESPECTIVELY, SOLELY TO THE EXTENT CONSTITUTING LIENS, INDEBTEDNESS,
FUNDAMENTAL CHANGES, DISPOSITIONS AND RESTRICTED PAYMENTS WHICH ARE PERMITTED
UNDER THE FOREGOING SECTIONS 6.01, 6.02, 6.03, 6.05, 6.06 AND 6.08,
RESPECTIVELY, WHICH LIENS, INDEBTEDNESS, FUNDAMENTAL CHANGES, DISPOSITIONS AND
RESTRICTED PAYMENTS ARE NOT OTHERWISE PERMITTED BY THIS SECTION 6.04;
(N)
THE TRANSACTIONS;
(O)
INVESTMENTS IN THE ORDINARY COURSE OF
BUSINESS CONSISTING OF UCC ARTICLE 3 ENDORSEMENTS FOR COLLECTION OR DEPOSIT AND
UCC ARTICLE 4 CUSTOMARY TRADE ARRANGEMENTS WITH CUSTOMERS CONSISTENT WITH PAST
PRACTICES;
(P)
INVESTMENTS (INCLUDING DEBT OBLIGATIONS AND
EQUITY INTERESTS) RECEIVED IN CONNECTION WITH THE BANKRUPTCY OR REORGANIZATION
OF SUPPLIERS AND CUSTOMERS OR IN SETTLEMENT OR DELINQUENT OBLIGATIONS OF, OR
OTHER DISPUTES WITH, CUSTOMERS AND SUPPLIERS
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ARISING IN THE ORDINARY COURSE OF BUSINESS OR RECEIVED UPON THE FORECLOSURE WITH
RESPECT TO ANY SECURED INVESTMENT OR OTHER TRANSFER OF TITLE WITH RESPECT TO ANY
SECURED INVESTMENT;
(Q)
LOANS AND ADVANCES TO HOLDINGS (OR ANY DIRECT
OR INDIRECT PARENT THEREOF) IN LIEU OF, AND NOT IN EXCESS OF THE AMOUNT OF
(AFTER GIVING EFFECT TO ANY OTHER LOANS, ADVANCES OR RESTRICTED PAYMENTS IN
RESPECT THEREOF), RESTRICTED PAYMENTS TO