Purchase Prices of such Subsequent Acquisition and
(2) $175,000,000 less the aggregate Purchase Prices of such Subsequent
Acquisition, in each case, for purposes of this clause (b), the Purchase Price
of any such Subsequent Acquisition to be calculated without giving effect to the
parenthetical in 9.4(e)(i)(E).
99
9.7.
Investments.
Make or permit to remain
outstanding any Investments except:
(A) INVESTMENTS OUTSTANDING ON THE DATE HEREOF AND IDENTIFIED ON SCHEDULE
9.7(A);
(B) OPERATING DEPOSIT ACCOUNTS WITH BANKS;
(C) PERMITTED INVESTMENTS;
(D) 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 AND OTHER CREDITS
TO SUPPLIERS IN THE ORDINARY COURSE OF BUSINESS;
(E) INVESTMENTS CONSISTING OF INDEBTEDNESS, LIENS, FUNDAMENTAL CHANGES AND
RESTRICTED PAYMENTS PERMITTED UNDER SECTIONS 9.2 (OTHER THAN SECTION 9.2(D)),
9.3, 9.4 AND 9.5, RESPECTIVELY;
(F) INVESTMENTS (INCLUDING DEBT OBLIGATIONS AND CAPITAL STOCK) RECEIVED IN
CONNECTION WITH THE BANKRUPTCY OR REORGANIZATION OF SUPPLIERS AND CUSTOMERS OR
IN SETTLEMENT OF DELINQUENT OBLIGATIONS OF, OR OTHER DISPUTES WITH, CUSTOMERS
AND SUPPLIERS ARISING IN THE ORDINARY COURSE OF BUSINESS OR UPON THE FORECLOSURE
WITH RESPECT TO ANY SECURED INVESTMENT OR OTHER TRANSFER OF TITLE WITH RESPECT
TO ANY SECURED INVESTMENT;
(G) LOANS AND ADVANCES TO PARENT (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 THE EXTENT PERMITTED TO BE MADE TO PARENT IN ACCORDANCE WITH SECTION 9.5
(WITH ANY SUCH LOAN OR ADVANCE TO BE DEEMED TO BE A RESTRICTED PAYMENT FOR
PURPOSES OF SECTION 9.5);
(H) ADVANCES OF PAYROLL PAYMENTS TO EMPLOYEES IN THE ORDINARY COURSE OF
BUSINESS;
(I) INVESTMENTS TO THE EXTENT THAT PAYMENT FOR SUCH INVESTMENTS IS MADE SOLELY
WITH COMMON STOCK OF PARENT;
(J) INVESTMENTS HELD BY A SUBSIDIARY ACQUIRED AFTER THE AMENDMENT AND
RESTATEMENT EFFECTIVE DATE OR OF A CORPORATION MERGED INTO THE PRIMARY BORROWER
OR MERGED OR CONSOLIDATED WITH A SUBSIDIARY OF THE PRIMARY BORROWER IN
ACCORDANCE WITH SECTION 9.4 AFTER THE AMENDMENT AND RESTATEMENT EFFECTIVE DATE
TO THE EXTENT THAT SUCH INVESTMENTS WERE NOT MADE IN CONTEMPLATION OF OR IN
CONNECTION WITH SUCH ACQUISITION, MERGER OR CONSOLIDATION AND WERE IN EXISTENCE
ON THE DATE OF SUCH ACQUISITION, MERGER OR CONSOLIDATION;
(K) INVESTMENTS BY HOLDINGS OR ANY OF ITS SUBSIDIARIES IN ASSETS THAT WERE
PERMITTED INVESTMENTS WHEN SUCH INVESTMENT WAS MADE;
100
(L)
ASSET PURCHASES (INCLUDING PURCHASES OF INVENTORY, SUPPLIES AND
MATERIALS) AND THE LICENSING OR CONTRIBUTION OF INTELLECTUAL PROPERTY PURSUANT
TO JOINT MARKETING ARRANGEMENTS WITH OTHER PERSONS, IN EACH CASE IN THE ORDINARY
COURSE OF BUSINESS;
(M)
GUARANTEES BY HOLDINGS OR ANY OF ITS SUBSIDIARIES OF LEASES (OTHER
THAN CAPITALIZED LEASES) OR OF OTHER OBLIGATIONS OF SUBSIDIARIES THAT DO NOT
CONSTITUTE INDEBTEDNESS, IN EACH CASE ENTERED INTO IN THE ORDINARY COURSE OF
BUSINESS;
(N)
INVESTMENTS