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(B)
INVESTMENTS PERMITTED AS DEBT OR CONTINGENT
LIABILITIES UNDER SECTION 6.12 AND INVESTMENTS PERMITTED UNDER SECTION 6.14;
(C)
INVESTMENTS EXISTING ON THE EFFECTIVE DATE
OF THIS AGREEMENT AND DISCLOSED IN SCHEDULE 6.15;
(D)
ACCOUNTS RECEIVABLE ARISING FROM, AND CREDIT
EXTENDED IN CONNECTION WITH, THE SALE OF GOODS OR RENDERING OF SERVICES IN THE
ORDINARY COURSE OF BUSINESS AND PROMISSORY NOTES OR OTHER INSTRUMENTS EVIDENCING
SUCH CREDIT OR PARTIAL SATISFACTION THEREOF;
(E)
INVESTMENTS, DEBT AND CONTINGENT
LIABILITIES IN HOLDINGS OR ITS SUBSIDIARIES; PROVIDED, THAT THE AGGREGATE AMOUNT
OF INVESTMENTS IN LIMITED SUBSIDIARIES, WHEN ADDED TO THE OTHER RESTRICTED
AMOUNTS THEN OUTSTANDING, SHALL NOT EXCEED AT ANY TIME $30,000,000;
(F)
LOANS OR ADVANCES TO EMPLOYEES OF
HOLDINGS AND ITS SUBSIDIARIES MADE IN THE ORDINARY COURSE OF BUSINESS CONSISTENT
WITH PAST BUSINESS PRACTICES;
(G)
INVESTMENTS MADE IN THE ORDINARY COURSE OF
BUSINESS IN CONNECTION WITH ITS CAPACITY AS A CO-JOINT VENTURER IN A JOINT
VENTURE, CORPORATION OR SIMILAR POOLING OF EFFORTS IN RESPECT OF A SPECIFIC
PROJECT OR SERIES OF PROJECTS FOR A LIMITED OR FIXED DURATION TO CONDUCT A
BUSINESS OF A TYPE IN WHICH A PRINCIPAL IS PRESENTLY ENGAGED CONSISTENT WITH
PAST PRACTICES;
(H)
INVESTMENTS IN AMBOY AGGREGATES, A NEW
JERSEY JOINT VENTURE, EXISTING ON THE DATE HEREOF AND DISCLOSED ON SCHEDULE 6.15
AND ADDITIONAL INVESTMENTS THEREIN MADE AFTER THE DATE HEREOF; PROVIDED, THAT
THE AMOUNT OF SUCH ADDITIONAL INVESTMENTS (EXCLUDING INCREASES SOLELY AS A
RESULT OF INCREASES IN THE RETAINED EARNINGS OF AMBOY AGGREGATES) SHALL NOT
EXCEED AT ANY TIME $10,000,000;
(I)
INVESTMENTS MADE IN CONNECTION WITH THE
RECEIPT BY HOLDINGS OR ANY OF ITS SUBSIDIARIES OF CONSIDERATION OTHER THAN CASH
FOR THE SALE BY HOLDINGS OR SUCH SUBSIDIARY OF ANY ASSETS PERMITTED TO BE SOLD
UNDER SECTION 6.13;
(J)
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;
(K)
INVESTMENTS CONSTITUTING LOANS TO EMPLOYEES
OF HOLDINGS AND ITS SUBSIDIARIES TO PURCHASE CAPITAL STOCK OF HOLDINGS; AND
(L)
OTHER INVESTMENTS IN AN AGGREGATE AMOUNT
AT ANY ONE TIME NOT TO EXCEED $15,000,000.
For purposes of this Section 6.15, "Cash Equivalent Investments" means, at any
item:
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(A)
ANY OBLIGATION, MATURING NOT MORE THAN ONE
YEAR AFTER SUCH TIME, ISSUED OR GUARANTEED BY THE UNITED STATES GOVERNMENT OR
ISSUED BY AN AGENCY THEREOF AND BACKED BY THE FULL FAITH AND CREDIT OF THE
UNITED STATES OF AMERICA;
(B)
MARKETABLE GENERAL OBLIGATIONS, MATURING NOT
MORE THAN SIX MONTHS AFTER SUCH TIME, ISSUED BY ANY STATE OF THE UNITED STATES
OF AMERICA OR ANY POLITICAL SUBDIVISION OF ANY SUCH STATE OR ANY PUBLIC
INSTRUMENTALITY THEREOF AND RATED A-2 OR HIGHER BY STANDARD & POOR'S RATING
GROUP, A DIVISION OF MCGRAW HILL, INC., OR P-2 OR HIGHER BY MOODY'S INVESTORS
SERVICE, INC.;
(C)
COMMERCIAL PAPER, MATURING NOT MORE THAN
NINE MONTHS FROM THE DATE OF ISSUE, WHICH IS ISSUED BY (I) A CORPORATION
ORGANIZED UNDER THE LAWS OF ANY STATE